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HomeMy WebLinkAbout10-4061 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., ld. 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, LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff v. JAMES A. PASQUALI SUSAN F. PASQUALI 6312 AUBURN DRIVE MECHANICSBURG, PA 17050-1982 Defendants ,~ F;LE ~ ' ~_ `t` Zcco ~;.1~ ~ ~ ~r~, i~. ATTORNEY FOR PLAINTIFF 230939 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 ' ~ ~ ~ ~ c ~-~/ CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 230939 8 91.. 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 #: 230939 Plaintiff is BAC HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES A. PASQUALI SUSAN F. PASQUALI 6312 AUBURN DRIVE MECHANICSBURG, PA 17050-1982 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11 /05/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NEW CENTURY MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1844, Page 3448. By Assignment of Mortgage recorded 10/27/2005 the mortgage was assigned to COUNTRYWIDE DOCUMENT CUSTODY SERVICES, A DIVISION OF TREASURY BANK, N.A. which Assignment is recorded in Assignment of Mortgage Book No. 721, Page 4919. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 File #: 230939 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon 6 are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $198,034.24 Interest $9,473.87 09/01/2009 through 06/14/2010 (Per Diem $33.01) Attorney's Fees $650.00 Cumulative Late Charges $323.75 11/05/2003 to 06/14/2010 Costs of Suit and Title Search 550.00 Subtotal $209,031.86 Escrow Credit 432.60 TOTAL $208,599.26 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 #: 230939 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $208,599.26, together with interest from 06/14/2010 at the rate of $33.01 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: =_~ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ® Courtenay R. Dunn, Esq., Id. No. 206779 ~^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 230939 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in the Township of Hampden, County of Cumberland, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northerly line of Auburn Drive at the dividing line between Lots No. 2 and 3 on the Final Subdivision Plan of Regency Hills; THENCE along said line of Auburn Drive along an arc to the left with a radius of six hundred (600) feet an arc distance of sixty-eight and forty-one hundredths (68.41) feet to a point; THENCE continuing along said line of Auburn Drive South eighty-nine (89) degrees twenty six (26) minutes twenty-three (23) seconds West a distance of two hundred thirty-nine and fifty-four hundredths (239.54) feet to a point on the easterly right of way line of Lambs Gap Road (L.R. 21051); THENCE along said right of way line North three (3) degrees fifteen (15) minutes thirteen (13) seconds East a distance of seventy and five hundredths (70.05) feet to a point; THENCE continuing along said right of way line North four (4) degrees one (1) minute nine (9) seconds West a distance of one hundred eighty-two and thirty-three hundredths (182.33) feet to an iron pin at the right of way for limited access to L.R. 1067; THENCE along the southerly line of Interstate 81 North eighty-four (84) degrees twenty-three (23) minutes thirty-four (34) seconds East a distance of three hundred five and seventy hundredths (305.70) feet to an iron pin; THENCE continuing along said right of way line South eighty-four (84) degrees twenty-five (25) minutes eleven (11) seconds East a distance of eighty-five and ninety-six hundredths (85.96) feet to a point at the dividing line between Lots No. 2 and 3 on said Plan; THENCE along said dividing line South fourteen (14) degrees fifty-six (56) minutes twenty-three (23) seconds West a distance of two hundred eighty-three and eighty hundredths (283.80) feet to a point on the northerly line of Auburn Drive, the place of BEGINNING. File #: 230939 BEING Lots No. 1 and 2 on the Final Subdivision Plan of Regency Hills as surveyed by D. P. Raffensperger Associates, dated December 30, 1981. CONTAINING 2.127 acres, more or less. BEING PART OF THE SAME PREMISES which Allen W. Bittner, by deed dated October 22, 1979, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book'S', Volume 28, Page 406, granted and conveyed unto Joseph J. Cignetto and Jean I. Cignetto, his wife, grantors herein. UNDER AND SUBJECT to easements and restrictions of record and to the express conditions and restrictions that neither of the above described lots numbered 1 and 2 may be sold separately. PROPERTY BEING; 6312 AUBURN DRIVE PARCEL# 10-15-1279-008 File #: 230939 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. _/~! /1~ttorney for Plaintiff DATE: ~~,-`-~'`~ File #: 230939 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor IMF ~ '~~~,'~'~T~Y ZOt4 JUG 21 AH 9= ~~ ~$urtr ai ~~fmbp~~~~ ,~.:,~;: G7FFi~E ~' '~+ESrER€FF BAC Home Loans Servicing, LP Case Number vs. 2010-4061 James A. Pasquali (et al.) SHERIFF'S RETURN OF SERVICE 06/17/2010 05:21 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 17, 2010 at 1717 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James A. Pasquali, by making known unto himself personally, at 6312 Auburn Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personalty the said true and correct copy of the same. RYAN BURGETT, DEPUTY 06/17/2010 05:21 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 17, 2010 at 1717 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Susan F. Pasquali, by making known unto herself personally, at 6312 Auburn Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BU SHERIFF COST: $53.00 June 18, 2010 SO ANSWERS, R ANDERSON, SHERIFF Ic) CountySuite Shenff, Teleosoft. h1c. s , ~'_ 2010 J~:~'i ~~ °r~ 3~ ~u 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, LP Plaintiff vs. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-4061 JAMES A. PASQUALI CUMBERLAND COUNTY SUSAN F. PASQUALI Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 230939 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan &Schmieg, LLP Atto e for Plaintiff 'fJC ^ 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 Date: 6-24-10 PHS #: 230939 VERIFICATION Tyra ~~~ ,hereby states that he/she is Assistactt Secretary of BAC Home Loans Servicing, L.P., servicing agent for Plaintiff in this matter, BAC HOME LOANS SERVICING, LP, 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 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: JUN 1 8 2010 I~itle: Servicer: BAC Home Loans Servicing, L.P. PHS #: 230939 Name: JAMES A. PASQUALI 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, LP Plaintiff vs. JAMES A. PASQUALI SUSAN F. PASQUALI Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-4061 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 A. PASQUALI 6312 AUBURN DRIVE MECHANICSBURG, PA 17050-1982 PHS #: 230939 SUSAN F. PASQUALI 6312 AUBURN DRIVE MECHANICSBURG, PA 17050-1982 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 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 Date: 6-24-10 PHS #: 230939 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 ' Andrew L. Spivack, Esq., Id. No. 84439 ~, ~ '-~; Jaime McGuinness, Esq., Id. No. 90134 , °~'. ~ ~ -' Chrisovalante P. Fliakos, Esq., Id. No. 94620 = ~ v ~ t- Joshua I. Goldman, Esq., Id. No. 205047 ~ U Courtenay R. Dunn, Esq., Id. No. 206779 ~ ~' /Andrew C. Bramblett, Esq., Id. No. 208375 ~ -° ~~ ~m 1617 JFK Boulevard, Suite 1400 ~ - ~~: One Penn Center Plaza +=-~ `' __. ;~ Philadelphia, PA 19103 ~ 215-563-7000 BAC HOME LOANS SERVICING, LP vs. JAMES A. PASQUALI SUSAN F. PASQUALI CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-4061 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES $i~}.oo ~q A'fT~l c~ q~erg pig o~'~I !0330 IJakce. ~.la~l TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JAMES A. PASOUALI. and SUSAN F. PASOUALI, 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 $208,599.26 Interest - 06/15/2010 to 07/30/2010 $1.518.46 TOTAL $210,117.72 I hereby certify that (1) the Defendant's last known address is 6312 AUBURN DRIVE, MECHANICSBURG, PA 17050-1982, and (2) that notice has been given 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, Esquire 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 ,/1~ndrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 8~ ~ PHS # 230939 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, LP vs. JAMES A. PASQUALI SUSAN F. PASQUALI Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-4061 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 A. PASQUALI is over 18 years of age and last known address is 6312 AUBURN DRIVE, MECHANICSBURG, PA 17050-1982. (c) that defendant SUSAN F. PASQUALI is over 18 years of age and last known address is 6312 AUBURN DRIVE, MECHANICSBURG, PA 17050-1982. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. U Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff BAC HOME LOANS SERVICING, LP v. Plaintiff COURT OF COMMON PLEAS CNIL DNISON NO. 10-4061 JAMES A. PASQUALI SUSAN F. PASQUALI Defendant(s) TO: SUSAN F. PASQUALI 6312 AUBURN DRNE MECHANICSBURG, PA 17050-1982 DATE OF NOTICE: July 14, 2010 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 YOU HAVE PREVIOUSLY RECENED 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. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND F1LE 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 IlVIPORTANT 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 # 230939 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 1 By: Lawrence T. Phelan, q., 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 ~eetal R. Shah-Jani, Esq., Id. No. 81760 Jennie 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 # 230939 BAC HOME LOANS SERVICING, LP v. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-4061 JAMES A. PASQUALI SUSAN F. PASQUALI Defendant(s) TO: JAMES A. PASQUALI 6312 AUBURN DRIVE MECHANICSBURG, PA 17050-1982 DATE OF NOTICE: July 14, 2010 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 YOU 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. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE 1N 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 IlVIPORTANT 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 # 230939 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 . P 1 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 J 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 # 230939 (Rule of Civil Procedure No. 236) -Revised BAC HOME LOANS SERVICING, LP vs. JAMES A. PASQUALI SUSAN F. PASQUALI 6312 AUBURN DRIVE MECHANICSBURG, PA 1'1050-1982 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-4061 Notice is given that a Judgment in the above captioned matter has been entered against you on 8 .~ to By: If you have any questions concerning this matter please contact: ^ 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. 8665? ^ 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 shua I. Goldman, Esq., Id. No. 205047 ourtenay 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 YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. JAMES A. PASQUALI SUSAN F. PASQUALI Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/31/2010 to Date of Sale ($34.54 per diem) TOTAL oo Pb AT" OO CMF q&. 00 " 4. oo " a.5o 11185. so - PD WTN a.Do 60a • 80 Ll. Note: Please attach description of property. PHS 9 230939 C# (005817 P,# ag8b3V NO. 10-4061 CUMBERLAND COUNTY $210,117.72 °:VA $ 7,426.10 ' $217,543.82 , ?II In ? t ;r --- CD 7 attmmey Ior rlalmai Phelan Hallinan & Schmieg, LLP ? L ence T. Phelan, Esq., Id. No. 32227 ? ancis S. Hallinan, Esq., Id. No. 62695 aniel 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 ? lay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 a?i ? oNo y o A 0 ca ^" d A cy e c 0.U Q ? y ¢ a z Qx w z zQ ?O M 3 4 1 w? a a oa U? v 00 Q U U ? > O as a s GOD ad? w? a? W c W wA ?? o N b N O\ h [? n f- go, O b b 000 ?? M M p? ?QM+ O? ? p `?Z?? z O'?o^0? Nn ANN N .7?V ti?,b,? ?ZZZ a oz o- a ,,0 Ogg . a42 ?o+ r yw w w y . d r.Li w.+O -1 v On ca ti >, vas,' ?' aOa C]C ?' . > a 7 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, LP Plaintiff V. JAMES A. PASQUALI SUSAN F. PASQUALI Defendant(s) F 1" M _ r C EAttorneys for Plaintiff 22 P" 1: 1 n ',t-. . E ,,061URT OF COMMON PLEAS CIVIL DIVISION CERTIFICATION : NO. 10-4061 : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities c By: Atto e fo Plaintif Phel n Hallinan & Schmieg, LLP ? ;?cis ence T. Phelan, Esq., Id. No. 32227 ? S. Hallinan, Esq., Id. No. 62695 Danel 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 BAe TIOME LOANS SERVICING, LP Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION V. JAMES A. PASQUALI SUSAN F. PASQUALI Defendant(s) NO. 10-4061 CUMBERLAND COUNTY PHS # 230939 AFFIDAVIT PURSUANT TO RULE 3129.1 BAC HOME LOANS SERVICING, LP, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 6312 AUBURN DRIVE, MECHANICSBURG, PA 17050-1982. 1. Name and address of Owner(s) or reputed Owner(s): r-1 Name Address (if address cannot be reasonably Lm; -°s ascertained, please so indicate) ? JAMES A. PASQUALI 6312 AUBURN DRIVE = = -"M' MECHANICSBURG, PA 17050-1982 SUSAN F. PASQUALI 6312 AUBURN DRIVE w? .7s..."l -n MECHANICSBURG, PA 17050-1982 '• _ • i 2. Name and address of Defendant(s) in the judgment: , Name Address (if address cannot be reasonably -? ascertained, please so indicate) SAME AS ABOVE 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) WHITESTONE MOUNTAIN, INC. 255 WHITE STONE DRIVE REISINGER EXCAVATING LANDISBURG, PA 17040 WHITESTONE MOUNTAIN, INC. 4833 SPRING ROAD REISINGER EXCAVATING SHERMANS DALE, PA 17090 C/O MARK W. ALLSHOUSE, ESQUIRE 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MERS AS A NOMINEE FOR COUNTRYWIDE P.O. BOX 2026 HOME LOANS, INC. FLINT, MI 48501-2026 COUNTRYWIDE HOME LOANS, INC. 4500 PARK GRANADA CALABASAS, CA 91302-1613 COUNTRYWIDE HOME LOANS, INC. 1600 GOLF ROAD, STE. 300 T2 ROLLING MEADOWS, IL 60008 COUNTRYWIDE HOME LOANS, INC. MERS, INC. MS SV-79 DOCUMENT PROCESSING P.O. BOX 10423 VAN NUYS, CA 91410-0423 3300 SW 34TH AVENUE, STE. 101 OCALA, FL 34474 5. , Name and address of every other person who has any record lien on the property: • Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 6312 AUBURN DRIVE MECHANICSBURG, PA 17050-1982 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA MERS AS A NOMINEE FOR LITTON LOAN SERVICING LP LITTON LOAN SERVICING LP P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 P.O. BOX 2026 FLINT, MI 48501-2026 4828 Loop Central Drive Houston, TX 77081-2226 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 f Ise statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsificatio t es September 20, 2010 By: Atto a fo Pla i Phelan Hallinan & Schmieg, LLP [I La rence T. Phelan, Esq., Id. No. 32227 ? F cis S. Hallinan, Esq., Id. No. 62695 ? aniel 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, LP : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. JAMES A. PASQUALI SUSAN F. PASQUALI NO. 10-4061 CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY, ` r .,3 5 V-1 TO: JAMES A. PASQUALI rg SUSAN F. PASQUALI 6312 AUBURN DRIVE MECHANICSBURG, PA 17050-1982 F' "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 6312 AUBURN DRIVE, MECHANICSBURG, PA 17050-1982 is scheduled to be sold at the Sheriff's Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $210,117.72 obtained by BAC HOME LOANS SERVICING, LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this 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 LEGAL DESCRIPTION ALL THAT CERTAIN lot or ground situate in the Township of Hampden, County of Cumberland, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northerly line of Auburn Drive at the dividing line between Lots No. 2 and 3 on the Final Subdivision Plan of Regency Hills; THENCE along said line of Auburn Drive along an arc to the left with a radius of six hundred (600) feet an arc distance of sixty-eight and forty-one hundredths (68.41) feet to a point; THENCE continuing along said line of Auburn Drive South eighty-nine (89) degrees twenty six (26) minutes twenty-three (23) seconds West a distance of two hundred thirty-nine and fifty-four hundredths (239.34) feet to a point on the easterly right of way line of Lambs Gap Road (L.E. 21051); THENCE along said right of way line North three (3) degrees fifteen (15) minutes thirteen (13) seconds East a distance of seventy and five hundredths (70.05) feet to a point; THENCE continuing along said right of way line North four (4) degrees one (1) minute nine (9) seconds West a distance of one hundred eighty-two and thirty-three hundredths (182.33) feet to an iron pin at the right of way for limited access to L.R. 1067; THENCE along the southerly line of Interstate 81 North eighty-four (84) degrees twenty-three (23) minutes thirty-four (34) seconds East a distance of three hundred five and seventy hundredths (305.70) feet to an iron pin; THENCE continuing along said right of way line South eighty-four (84) degrees twenty-five (25) minutes eleven (11) seconds East a distance of eighty-five and ninety-six hundredths (85.96) feet to a point at the dividing line between Lots No. 2 and 3 on said Plan; THENCE along said dividing line South fourteen (14) degrees fifty-six (56) minutes twenty-three (23) seconds West a distance of two hundred eighty-three and eighty hundredths (283.80) feet to a point on the northerly line of Auburn Drive, the place of BEGINNING. BEING Lots No. 1 and 2 on the Final Subdivision Plan of Regency Hills as surveyed by D.P. Reffensperger Associates, dated December 30, 1981. CONTAINING 2.127 acres, more or less. TITLE TO SAID PREMISES IS VESTED IN James A. Pasquali and Susan F. Pasquali, his wife, by Deed from Joseph J. Cignetto and Jean 1. Cignetto, his wife, dated 04/10/1985, recorded 04/10/1985 in Book 31-E, Page 851. PREMISES BEING: 6312 AUBURN DRIVE, MECHANICSBURG, PA 17050-1982 PARCEL NO. 10-15-1279-008 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4061 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP, Plaintiff (s) From JAMES A. PASQUALI and SUSAN F. PASQUALI (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 $210,117.72 L.L.$.50 Interest from 7/31/10 to Date of Sale ($34.54 per diem) -- $7,426.10 Atty's Comm % Due Prothy $2.00 Atty Paid $185.50 Other Costs Plaintiff Paid Date: 9/22/10 avid D. ?BueliProthonotary (Seal) By: Deputy REQUESTING PARTY: Name: MICHELE M. BRADFORD, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 69849 AFFIDAVIT OF SERVICE (FNMA) C d Q PLAINTIFF CUMBERLAND COUNTY ? ,. ^ BAC HOME LOANS SERVICING, LP PHS # 230939 "rl - Z fir r-- DEFENDANT SERVICE TEAM/ kxc -<D W W Chi 1 JAMES A. PASQUALI COURT NO.: 10-4061 r-M C --4c) SUSAN F. PASQUALI ? C-) ?? C-n ?r ...- SERVE SUSAN F. PASQUALI AT: TYPE OF ACTION Q 6312 AUBURN DRIVE XX Notice of Sheriffs Sale y ? MECHANICSBURG, PA 17050-1982 SALE DATE: 03/0212011 CO SERVED Served and made known to SUSAN F. PAS UALI , Defendant on thej?t day of IVDUF418k420 jam, at LLD-4, o'clock jR. M., at fall Adi&" QU/B. in the manner described below: _ Defendant personally served. til Fey g-NtCS 1$v/ZA, f k, Adult family member with whom Defendant(s) reside(s). Relationship is i& S $ VD _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: Description: Age 60 Height 6'9" Weight 140 Race W Sex M Other I, j?L0'V 10 I%L<- , 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 sug ribed KIMBERLY CURTY before me this 1% day NOTARY PUBLIC of Al 20 STATE OF NEW JERSEY N By: MY COMMISSION EXPIRES MARCH 7, 2013 NOT SERVED O of 20at o'clock M., Defendant NOT FOUND because: _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of _. By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. PYeYe, Fail., hL No. 32227 rands; S. HaBnao, Faq, Id. No. 62695 j G. Seltmie8, Esq., Id. No. RM Michele M. Bndterd, Eaq, Id. No. 69849 Judith T. Roerao, Esri, id. N. 58745 Shalal R Shah-Jaal, Esq- Id. No. 81760 Jenhre R. Davey, Es(6 Id. No. 87077 Lat ren R. Taints, Esq., Id. No. 93337 Vivek Srivaslsw, Esq, Id. No. 202331 Jay B. Jones, Esq, Id. No. 86657 Peter J. Makehy, Esq., Id. No. 61791 Andrew L SPivad 4 Esq, Id. No. 84439 Jahn McGuinness, Esq, Id. No. 90134 Chritovahurte P. Flsko% Esq., Id. No. 94620 Joshua 1. Goida an, Esq, Id. No. 205047 Coursenay R. Doan, Esq, Id. No. 206779 Andrew C. Bran) No. 208375 on Parr Ceater at station 1617 Jahn F. Kennedy Blvd, Suite 1400 Phllodeip]4 PA 19103-1814 (215) 5637000 )g CC a `R _ -- m AFFIDAVIT OF SERVICE (FNMA) " r PLAINTIFF VI ING LP CUMBERLAND COUNTY CAr CZ"' ? m C ? BAC HOME LOANS SER C , PHS # 230939 r- 6 W l -40 Z , O Z DEFENDANT SERVICE TEAM/ kxc C7 ..,, -Z JAMES A. PASQUALI COURT NO.: 10-4061 ] sZ ::' t-rI SUSAN F. PASQUALI ---t N b -< co :;0 SERVE JAMES A. PASQUALI AT: TYPE OF ACTION 6312 AUBURN DRIVE XX Notice of Sheriffs Sale MECHANICSBURG, PA 17050-1982 SALE DATE: 03/0212011 SERVED Served and made known to JAMES A. PAS UALI , Defendant on the ` day of Aft ?•N B?, 20 L, at 6,6t6, o'clock r. M., at 6-312 Aw4;qAjj t V in the manner described below: ? Defendant personally served. F1 *$j tCt 6wt6, PA-, _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age CCD 3 Height 5 V' Weight ( QD Race W Sex A Other I, jZWA#-t A Mo LL , 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 subscribed KIMBERLY CURTY NOTARY PL;BLIC of before me No this t.day STATE OF NEW JERSEY y o. MY COMMISSION EX'?'1RES MARCH 7, 2013 No By: o?t?? NOT SERVED On e o 20_, at - o'clock _. M., Defendant NOT FOUND because: Oacan _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at Service Refused Other: Sworn to and subscribed before me this day of By: Notary: ATTORNEY FOR PLAINTIFF Iswrenoe T. Phelay Esq., K No. 32227 Francis S. Haman, Faq., K No. 62695 Dank) G. Sc?aim Esq., Id. No. 62285 Mkhek M. Bradford, Esq, td. No.69849 Judith T. ftowm=4 Evq, hl. N. 58745 ShedaI R. Shah-Joni, Esq., Id. No. 81760 Jedne R Davey, Evq, Id. No. 8707/ 1-ren R Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq, Id. No. 86657 Peter J. Mukaby, Esq., Id. No. 61791 Andrew L Spivack, Esq, Id. No. 84439 Note McGuhmrs% Eaq., Id. No. 90134 Cbrkovakn to P. Mkos, Evq, Id. No. 94620 Joshua 1. Gotlman, Esq., Id. No. 205047 Courtney R Dann, Faq, Id. No, 206779 Andrew C. Bramblatl,F?, ld. No. 208375 One Penn Center at Sahm?aa station 1617 John F. Kennedy Bhd, Suite 1400 Phikdeiphia, PA 191031814 (215) 56370M Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff BAC HOME LOANS SERVICING, LP Court of Common Pleas c-, , Plaintiff c Civil Division W M vs CUMBERLAND Court JAMES A. PASQUALI c , SUSAN F. PASQUALI r: No. 104061 Z C:) Defendant PRAECIPE TO THE PROTHONOTARY: Please vacate the judgment(s) entered and mark the action discontinued and ended without prejudice. Date: I PHELAN AN & SCH ,':LLP Lawrence T. Phelan, Esq., Id. No. 32227 ranc's I1' 695 Daniel G. Schmieg, Esq., Id. No. 622 5 Michele M. Bradford, Esq., Id. No. 6 849 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 Allison F. Wells, Esq., Id. No. 309519 PHS# 230939 Attorneys for Plaintiff 70 -71' -7 4/ a5`719 ?