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UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF
MARK J. UDREN, ESQUIRE - ID #04302
STUART WINNEG, ESQUIRE - ID #45362
LORRAINE DOYLE, ESQUIRE - ID #34576
ALAN M. MINATO, ESQUIRE - ID #75860
CHANDRA M. ARKEMA, ESQUIRE - ID #203437
ADAM L. KAYES, ESQUIRE - ID #86408
MARGUERITE L. THOMAS, ESQUIRE - ID #204460
/DANIEL S. SIEDMAN, ESQUIRE - ID #306534
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200 --
CHERRY HILL, NJ 08003-3620 Ck%
856-669-5400
pleadings@udren.com
Bank of America, National :COURT OF COMMON PLEAS
Association as Successor by :CIVIL DIVISION
Merger to LaSalle Bank
National Association, as :Cumberland County
Trustee Under the Pooling and
Servicing Agreement Dated as
of February 1, 2007, GSAMP
Trust 2007-NC1
4828 Loop Central Drive
Houston, TX 77081
Plaintiff
V.
Louis C. Pirnik, Jr. 7 C y.l.? I
Barbara W. Pirnik NO.
918 Allen Street
New Cumberland, PA 17070
Defendant (s)
COMPLAINT IN MORTGAGE FORECLOSURE
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.
lp't
.
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.
LAWYERS REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990-9108
l
AVISO
Le han demandado a usted en la corte. Si usted quiere defenderse
de estas demandas expuestas en las paginas siguientes, usted tiene
veinte (20) dias de plazo al partir de la fecha de la demands y la
notificacion. Hace falta ascentar una comparencia escrita o en
persona o con un abogado y entregar a la corte en forma escrita sus
defensas o sus objeciones a las demandas en contra de su persona.
Sea avisado que si usted no se dafiende, la corte tomara medidas y
puede continuar la demanda en contra suya sin previo aviso o
notificacion. Ademas, la corte puede decidir a favor del
demandante y requiere que usted cumpla con todas las provisioner de
esta demanda. Usted puede perder dinero o sus propiedades u otros
derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO
O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN
PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990-9108
NOTICE
The amount of your debt is as stated in the attached document. The name of the creditor
to whom the debt is owed is as named in the attached document. Unless you notify us within
30 days after receipt of this Notice and the attached document that the validity of the stated
debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify
us in writing of a dispute within the 30 day period, we will obtain verification of the debt or
a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not
an admission of liability on your part. Also, upon your written request within the 30 day
period, we will provide you with the name and address of the original creditor if different from
the current creditor.
If you notify us in writing within the 30 day period as stated above, we will cease collection
of your debt, or any disputed portion of it, until we obtain the information that is required
and mail it to you. Once we have mailed to you the required information, we will then
continue the collection of your debt.
This law firm is deemed to be a debt collector and this Notice and the attached document is
an attempt to collect a debt, and any information obtained will be used for that purpose.
UDREN LAW OFFICES, P.C.
/s/ Mark J. Udren, Esquire
Woodcrest Corporate Center
111 Woodcrest Road, Suite 200
Cherry Hill, NJ 08003-3620
(856) 669-5400
1. Plaintiff is the Corporation designated as such in the
caption on a preceding page, who is the legal holder of the
Mortgage and is in the process of formalizing the Assignment of
Mortgage to be sent for recording.
2. Defendant(s) is the individual designated as such on the
caption on a preceding page, whose last known address is as set
forth in the caption, and unless designated otherwise, is the real
owner(s) and mortgagor(s) of the premises being foreclosed.
3. On or about the date appearing on the Mortgage
hereinafter described, at the instance and request of Defendant (s) ,
Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned
to the Defendant(s) the sum appearing on said Mortgage, which
Mortgage was executed and delivered to Plaintiff as security for
the indebtedness. Said Mortgage is incorporated herein by
reference in accordance with Pa.R.C.P. 1019 (g).
The information regarding the Mortgage being foreclosed is as
follows:
MORTGAGED PREMISES: 918 Allen Street
MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of New Cumberland
COUNTY: Cumberland
DATE EXECUTED: 10/31/06
DATE RECORDED: 11/21/06 BOOK: 1973 PAGE: 3177
The legal description of the mortgaged premises is attached hereto
and made part hereof.
4. Said Mortgage is in default because the required payments
have not been made as set forth below, and by its terms, upon
breach and failure to cure said breach after notice, all sums
secured by said Mortgage, together with other charges authorized by
said Mortgage itemized below, shall be immediately due.
5. After demand, the Defendant(s) continues to fail or
refuses to comply with the terms of the Mortgage as follows:
(a) by failing or refusing to pay the installments of
principal and interest when due in the amounts indicated
below;
(b) by failing or refusing to pay other charges, if any,
indicated below.
6. The following amounts are due on the said Mortgage as of
7/20/10:
Principal of debt due $136,729.22
Unpaid Interest at 10.5758
from 7/1/09 to 7/20/10
(the per diem interest accruing on
this debt is $39.61 and that sum
should be added each day after 7/20/10) 15,251.44
Title Report 325.00
Court Costs (anticipated, excluding
Sheriff's Sale costs) 280.00
Escrow Overdraft/(Balance)
(The monthly escrow on this account
is $0 and that sum should
be added on the first of each
month after 7/20/10) 5,943.69
Late Charges
(monthly late charge of $63.84
should be added in accordance
with the terms of the note
each month after 7/20/10) 1,915.56
Corporate Advance 249.63
NSF Fees 125.00
Attorneys Fees (anticipated and actual
to 5W of principal) 6,836.46
TOTAL $167,656.00
*This interest rate is subject to adjustment as more fully
described in the note and mortgage.
7. The attorney's fee set forth above are in conformity with
the mortgage documents and Pennsylvania law, and will be collected
in the event of a third party purchaser at Sheriff's Sale. If the
mortgage is reinstated prior to the sale, reasonable attorney's
fees will be charged in accordance with the reduction provisions of
Act 6, if applicable.
8. The combined notice specified by the Pennsylvania
Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983
and Notice of Intention to Foreclose under Act 6 of 1974 has been
sent to each defendant, via certified and regular mail, in
accordance with the requirements of those acts, on the date
appearing on the copy attached hereto as Exhibit "A", and made part
hereof, and defendant(s) have failed to proceed within the time
limits, or have been determined ineligible, or Plaintiff has not
been notified in a timely manner of Defendant(s) eligibility.
WHEREFORE, the Plaintiff demands judgment, in rem, against
the Defendant(s) herein in the sum of $167,656.00 plus interest,
costs and attorneys fees as more fully set forth in the Complaint,
and for foreclosure and sale of the Mortgaged premises.
UDREN LAW OFFICES, P.C.
BY: D- __5e,?_
Attorneys for Plaintiff
MARK J. UDREN, ESQUIRE
STUART WINNEG, ESQUIRE
LORRAINE DOYLE, ESQUIRE
ALAN M. MINATO, ESQUIRE
CHANDRA M. ARKEMA, ESQUIRE
ADAM L. KAYES, ESQUIRE
MARGUERITE L. THOMAS, ESQUIRE
DANIEL SIEDMAN, ESQUIRE
LEGAL DESCI:IPTION
ALL TIAN CERTAIN tract or parcel of gmW shunter: in do HoratgiN' of A-ew
Cam. Nuibirr a+d Cormty. Patw*4vwk mane partroaiarly bov"W and
described fteoding rc sn M dad AttpW 5, M7, o[D. P. Rdfaapargar. RCgiabamd
Surveyor, as fdtews,
13WI.%NM at a point at rtes soudte A Corner ofds itieaeaertwn or Park
Amntte ad Aflos 9traet; fbance soadwmwartlly vkmg the aea&wg a SW of Aaka l41t+Cet
aiaery (90) Gus m a Pmt 0100" South faNty-fcwr (4a) doorm Ih y-silt (36) mix"rtatt
Wert $Me 11 ' a a a tea (110) rift 10 a point al fine Of -IlU S now or Lea 004. P. WImNattan.
tnC.t dWW Nand h"YA" dogrM twontywf w (24) minovii Wass slat rho ssn e
Mudy-dwo and diH"x huodeaddis (43.36) face to a print on the southaaat tilde of park
Avow dwas tNORt+ sdt+vardly along de same on handtd ten and five hundradtbs
(110.05) fat to a Palm dw ow of D&3INWIM.
HAVING doom ateoeed a care abort stone end brick dwelling kmwrn and
Rom! .1C-6 a 911E Allen Swat.
BEING the same premises which Jannie M. gasfie, widow, by her Deed dated May 21, ?993, and recorded Ju8
a' 1993. In the Odics of the Recorder of Deeds in and for Cumberland County, Perth 21. 1ia, in Record Book J3
at page 996 granted and conveyed omen Mary J. Adams, singis person.
ALSO BEING the some premises which Carol F. plontkowskl.and pa M. H
Eseate of Mary Jane Adams, deceased, by Deed dated October sealer, Co-Executrixes of the
recorded in the Ofticft Of the Recorder Of Deeds in and fvr the County of umbers , 2006' and about to be
conveyed unto Louis C. Pftk, Jr. and Barbara Prinik, his wife, M • Pennsylvania, granted and
atBagors herein.
Schedule A -.Pape 2 Commitment No. ZataPNRNeK
This canmiVnsnt is invatW ur*M the informetian
Shea and St hedulee A and 9 ace attached
July 15, 2010
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact an attorney in your area. The local bar association may be able
to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
OHOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAMD EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDBUR SU
HIPOTECA.
Page 1 of 1 EXHIBIT A
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER:
Louis C. Pirnik, Jr.
Barbara W. Pirnik
918 Allen Street W
New Cumberland,, PA 17070
100682095
New Century Mortgage Corporation
Bank of America NA
HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE. YOITR HOME. FROM FORECLOSiTRF. AND
HELP VOIT MAKE. F11MJRR MORTGAGF. PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE OACTO), YOU MAY BE
ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORFCLOSURE - Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for
mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer
credit counseling agencies listed at the end of this Notice. THTS .MF.F.TiNG MUST OCCUR MTrFFIN
THIRTY-THREE. (33) DAYS OF THE DATF. OF THIS NOTTC'F- IF YOT T DO NOT APPT Y FOR
FMFRC,r MORTCTAGE. ASSTSTANCE,, YOTT M1 T4T BRING, YnTTR MORTGAGE ITP TO DATF
THE. PART OF THTS NOTICE CALLED "HOW TO CURE YOTTR MORTGAGE DEFATTT T"
EXPLAINS HOW TO BRING YOTTR MORTGAGE ITP TO DATF
C'ONSITMF,R CREDIT C'.OITNSEL NG AGENCIES - If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action against
you for thirty (30) days after the date of this meeting. The names ddr .gg .g nd telei hone numbers
of designated cons um= credit counseling agencies for the nit in which the 3' ig located
are get forth at the end of his Nati e. It is only necessary to schedule one face-to-face meeting.
Advise your lender immediate]T of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set
forth later in this Notice (see following pages for specific information about the nature of your default.) To
do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program
Application with one of the designated consumer credit counseling agencies listed at the end of this
Notice. Only consumer credit counseling agencies have applications for the program and they will assist
you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily
stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and
received within thirty (30) days of your face-to-face meeting with the counseling agency.
Page 2 of 2
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE- IF YOU HAVE A MEETING
WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE
AhM FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE
LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST
YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF
FORECLOSURE". YOU HAVE. THE. RIGHT TO FH,V A HF.MAP APPLICATION EVEN BEYOND
THESE TIME PERIODS_ A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM
STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED
AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED.
AGENCY AC-77ON - Available funds for emergency mortgage assistance are very limited. They will
be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time,
no foreclosure proceedings will be pursued against you if you have met the time requirements set forth
above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your
application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO
COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
NATURE OF THE. DEFAULT - The MORTGAGE debt held by the above lender on your property
located at:
918 Allen Street
New Cumberland, PA 17070
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due:
Monthly Payments of $1276 75 for August 12009 through July 1, 2010 = $15321.00
_ Monthly Late Charges of $63.84 for August 1, 2009 through June 1. 2010 = $702.24 _
Other charges (explain/itemize): Property Inspection=$91.00
BPO=$158.63
NSF=$125.00
Escrow Advance $5943.69
Other U maid Late Charges = $1277.16 _
TOTAL AMOUNT PAST DUE: ch23619.72
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not a=mlic_nhic): ]y(A
HOW TO C ITER THE. DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of
this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS S2-361 R_72 PLUS
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30)
DAY PERIOD. z=entc must m de ither by cash, cashier's heck, rertiflM check or money order ms& l3a3shle
and cent tn•
Page 3 of 3
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of
this letter: (loo not use if no a21 licahle): MA
IF YOU DO NOT CURE THE DEFAULT _ If you do not cure the default within THIRTY (30) DAYS
of the date of this Notice, the lender intends to exer is its rights to accelerate the mortgage debt- This
means that the entire outstanding balance of this debt will be considered due immediately and you may lose
the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not
made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to
forec_ lme u n yn it mn gaged prop r=-
IF THE. MORTGAGE is FORFMOSED iraOiv The mortgaged property will be sold by the Sheriff
to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency
before the lender begins legal proceedings against you, you will still be required to pay the reasonable
attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against
you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed
$50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other
reasonable costs. If yon cure the defaidt within the THMTV (30) DAY period, yon will not hp
mqnired to pay n arney's feeia_
OTHER TENDER REMEDIES - The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
MGM TO CURE THE DEFAULT PRIOR TO cuPRruF'e SALE - If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to
cure the default and V=ent the gale at any time izn to one hour before the. Sheriffs Sal You may o so hv_
nab the total amount then past 1 ;c any late or other charges then due, reasonahle attnrnPy's feet and
costs Conn ..t .d with th fn loco gal and any, other nctc ono ted with the Sh riff'c Sal as =ifi .
in writing by the lender and by perfaming any Other r =nirementc under the mortgage. Curing your
default in the manner set forth in this notice will restore your mortgage to the same position as if you
had never defaulted.
F.ARi.iF.ST POSSiRiN SHERIFF'S SALE DIE - It is estimated that the earliest date that such a
Sheriff's Sale of the mortgaged property could be held would be approximately f months from
the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale.
Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any
time exactly what the required payment or action will be by contacting the lender.
Name of Lender/Servicer: Litton Loan _
Address: 4828 Loop Central Drive
_Houston, TX 77082
Phone Number: 1-800-999-8501 _
Fax Number: 1-713-996-8906
Contact Person: Default Administration I) artment
EFFECT OF SHE.RiFE'S SAi.F - You should realize that a Sheriff s Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's
Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at
any time.
ASRIIMMON OF MORT[:ArF - You may not transfer your home to a buyer or transferee who will
assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs
are paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
Page 4 of 4
NOTICE
The amount of your debt is as stated in the attached document. The name of the creditor
to whom the debt is owed is as named in the attached document. Unless you notify us within
30 days after receipt of this Notice and the attached document that the validity of the stated
debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us
in writing of a dispute within the 30 day period, we will obtain verification of the debt or a
copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an
admission of liability on your part. Also, upon your written request within the 30 day period,
we will provide you with the name and address of the original creditor if different from the
current creditor.
If you notify us in writing within the 30 day period as stated above, we will cease collection
of your debt, or any disputed portion of it, until we obtain the information that is required
and mail it to you. Once we have mailed to you the required information, we will then
continue the collection of your debt.
This law firm is deemed to be a debt collector and this Notice and the attached document is
an attempt to collect a debt, and any information obtained will be used for that purpose.
UDREN LAW OFFICES, P.C.
/s/ Mark J. Udren, Esquire
Woodcrest Corporate Center
111 Woodcrest Road, Suite 200
Cherry Hill, NJ 08003-3620
(856) 669-5400
Page 5 of 5
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS
DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE
THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY
CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS,
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Page 6 of 6
'HEMAP Consumer Credit Counseling Agencies
CUMBERLAND County
Report last updated: 10/15/2007 10:03:08 AM
Adams County Interfaith Housing Authority
40 E High Street
Gettysburg, PA 17325
717.334.1518
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
Community Action Commission of Captial Region
1514 Derry Street
Hanisburg, PA 17104
717.232.9757
Loveship,Inc.
2320 North 5th Street
Harrisburg, PA 17110
717.232.2207
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
717.762.3285
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
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Litton Loan Servicing LP
P.O. Box 9010
Temecula, CA 92589-9010
Send Payments To:
Litton Loan Servicing LP
Attn: Cash Management Department
P.O. Box 4387
Houston, TX 77210-4387
Send Correspondence To:
Litton Loan Servicing LP
Attn: Customer Assistance Response Team
4828 Loop Central Drive
Houston, TX 77081
Eq
?IINII?IIINIIIIIIIIIIIN
7113 ,:_, 1474 1943 903
LOUIS PIRNIK
918 ALLEN ST
NEW CUMBERLAND, PA 17070
PRESORT
First-Class Mail
U.S. Postage and
Fees Paid
WSO
20100428-80
DMDACT
1155-04
Litton
Loan Servicin'
Sent Via Certified Mail
7113 8257 1474 1943 1903
4/27/2010
LOUIS PIRNIK
919 ALLEN ST
NEW CUMBERLAND, PA 17070
ACT 91 NOTICE
4828 Loop Central Drive
Houston, TX 77081
Telephone (800) 999-8501
Fax (713) 966-8906
www.littonloan.com
Hours of Operation (CST)
Mon.: 8 am. - 8 p.m.
Tues. - Thurs.: 8 am. - 10 pm.
Fri.: 9 am. - 5 p.m.
Sat.: 8 am. - 12 p.m.
Sun.: 10 am. - 2 p.m.
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official Notice that the mortgage on your home is in default and the lender intends to foreclose.
Specific information about the nature of the default is provided in the attached popes.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to
help sage your home. This Notice explains how the program works. To see if HE MAP can help. you must
MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF
THIS NOTICE. Take this Notice with you when von meet with the Counseling Agency.
The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at
the end of the Notice. If you have my g"ons. you may call the Pgm syly pia Housing Finance Agency toll- free
at (800) 342-2397. (Persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer.
LITTON LOAN SERVICING LP IS A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT YOUR
DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IF YOU ARE NOT OBLIGATED ON THE DEBT OR IF THE DEBT HAS BEEN DISCHARGED IN A
BANKRUPTCY PROCEEDING, THIS IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT AN
ATTEMPT TO ASSESS OR COLLECT THE DEBT FROM YOU PERSONALLY.
2800.0032.091708100007 7113 8257 1474 1943 1903
LA NOTIFICAC16N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCEA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO
ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE
SALVAR SU CASA DE LA PERDH)A DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
Louis Pirnik
918 Allen Street
New Cumberland, PA 17070
100682095
ORIGINAL LENDER: Contact Litton Loan Servicing LP
CURRENT LENDER/SERVICER: Litton Loan Servicing LP
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HO FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT's, YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure
on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time
you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at
the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE
DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU
MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE
YOUR MORTGAGE DEFAULT." EN PLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling
agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the
date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling
agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to
schedule one face-to-face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later
in this Notice (see following pages for specific information about the nature of your default). You have the right to
apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must
fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the
designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling
agencies have applications for the program, and they will assist you in submitting a complete application to the
Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your
application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the
counseling agency.
YOU SHOULD FILE A HEMAPAPPLICATIONAS SOONAS POSSIBLE IF YOU HAVE A MEETING
WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARKDATE OF THIS NOTICEAND
FILE ANAPPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING THEN THE LENDER WILL
BE TEMPORARILYPREVENTED FROM STARTINGA FORECLOSUREAGAINST YOUR PROPERTY, AS
EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. "
YOU HAVE THE RIGHT TO FILE A HEMAP APPLICA TION EVEN BEYOND THESE 77ME PERIODS A
LATEAPPLICATION WILL NOT PREVENT THE LENDER FROM STAR77NGA FORECLOSURE
ACTION, BUT IF YOUR APPLICATION IS E VENTUALL Y APPR 0 YED AT ANY TIME BEFORE A
SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed
by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has
sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings
will be pursued against you if you have met the time requirements set forth above. You will be notified directly by
the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES
ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date.)
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at:
918 Allen Street New Cumberland, PA 17070
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following
amounts are now past due:
811/2009 through 4/1/2010 totaling $11,490.75
Other charges (itemized): Late charges: $1,851.72
NSF charges: $100.00
Outstanding legal fees and costs: $10.00
Broker Price Opinion fees: $125.00
Inspection fees: $104.63
TOTAL AMOUNT PAST DUE: $13,682.10
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: Cure the default.
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice
BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $13,682.10 PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY
PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and
sent to:
Litton Loan Servicing LP
Attention: Cash Management Department
P.O. Box 4387
01 Houston, TX 77210-4387
2800.0032.091708100007 7113 6257 1474 1943 1903
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date
of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the
entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the
mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30)
DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged
roe
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off
the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender
begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were
actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all
reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be
added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default
within the THIRTY (30) DAY period. you will not be reauieed to pay attornev's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all
other sums due tinder the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cuffed the default within
the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default
and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paving the total amount
then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the
foreclosure sale. and any her coats connected with he Sheriffs ale specified in writing by the lender and by
performing any other requirements under the mortgage. Curing your default in the manner set forth in this
notice will restore your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such Sheriff's Sale
of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice
of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the
default will increase the longer you wait. You may find out at any time exactly what the required payment or action
will be by contacting the lender.
HOW TO CONTACT THE LEND
Name of Lender: LITTON LOAN SERVICING LP
Address: 4828 Loop Central Drive, Houston, TX 77081
Phone Number (800) 999-8501
Fax Number: (713) 966-8906
Contact Person: Default Administration Department
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a
lawsuit to remove you and your furnishings and other belongings could be started by the leader at any time.
ASSUMPTION OF MORTGAGE - You _ may or X may not (CHECK ONE) sell or transfer your home to
a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and
attorney's fees and costs are paid prior to or at the sale and that other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
R2;
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING
CUMBERLAND COUNTY
Adams County Interfaith CCCS of Western PA
Housing Authority 2000 Unglestown Road
40 E High Street Harrisburg, PA 17102
Gettysburg, PA 17325 888.511.2227
717.334.1518
Community Acton
Commission
of Capital Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
717.232.2207
Maranathe PHFA
43 Philadelphia Avenue 211 North Front Street
Waynesboro, PA 17268 Harrisburg, PA 17110
717.762.3285 717.780.3940
800.342.2397
2800.0032.091708100007
7113 6257 1474 1943 1903
f
V E R I F I C A T I O N
The undersigned, hereby states that he/she is the attorney for
the Plaintiff, a corporation unless designated otherwise; that
he/she is authorized to make this Verification and does so because
of the exigencies regarding this matter, and because Plaintiff must
verify much of the information through agents, and because he/she
has personal knowledge of some of the facts averred in the
foregoing pleading; and that the statements made in the foregoing
pleading are true and correct to the best of his/her knowledge,
information and belief and the source of his information is public
records and reports of Plaintiff's agents. The undersigned
understands that this statement herein is made subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
UDREN LAW OFFICES, P.C.
BY: Attorneys for Plaintiff
MARK J. UDREN, ESQUIRE
STUART WINNEG, ESQUIRE
LORRAINE DOYLE, ESQUIRE
ALAN M. MINATO, ESQUIRE
CHANDRA M. ARKEMA, ESQUIRE
ADAM L. KAYES, ESQUIRE
MARGUERITE L. THOMAS, ESQUIRE
DANIEL S. SIEDMAN, ESQUIRE
SHERIFF'S OFFICE OF CUMBERLAND COUNTY--
Ronny Ronny R Anderson
Sheriff
4?F! E . , ,..ct±?Fc
FI EC-t FFICE
C= Ta!- R0 T11-?O CTAR`'
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
COBTY
fE'? e'LY L1/AtillA
Bank of America, NA Case Number
vs. 2010-5377
Louis C. Pirnik, Jr. (et al.)
SHERIFF'S RETURN OF SERVICE
09/17/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on September 17, 2010 at
1145 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure, upon the
within named defendant, to wit: Barbara W. Pirnik. After several attempts the Complaint in Mortgage
Foreclosure has expired.
09/17/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on September 17, 2010 at
1145 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure, upon the
within named defendant, to wit: Louis C. Pirnik Jr. After several attempts the Complaint in Mortgage
Foreclosure has expired.
SHERIFF COST: $74.60
September 17, 2010
SO ANSWERS,
RON W R ANDERSON, SHERIFF
tc1 CQUntySuit? She=off. Tele?eoit, Inc.
UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
856-669-5400, pleadings@udren.com
Bank of America, National 'COURT OF COMMON PLEAS
Association as Successor by :CIVIL DIVISION
Merger to LaSalle Bank :Cumberland County
National. Association, as
Trustee Under the Pooling and
Servicing Agreement Dated as :NO. 10-5377
of February 1, 2007, GSAMP
Trust 2007-NC1
Plaintiff
V.
Louis C. Pirnik, Jr.
Barbara W. Pirnik
Defendant(s)
MOTION FOR SPECIAL SERVICE PURSUANT
TO SPECIAL ORDER OF COURT
2
11:? QT?
C C7
, C) -f I
L
"
C.: (7 M
-
Plaintiff, by its counsel, moves this Honorable Court for an
Order directing service of the Complaint in Mortgage Foreclosure
upon Defendant(s), Louis C. Pirnik Jr. and Barbara W. Pirnik by
regular mail and certified mail and in support thereof avers the
following:
1. Process was unable to be served at the then last known
address of said Defendant(s) at 918 Allen Street, New Cumberland,
PA 17070, which is the mortgaged premises. A copy of the Return of
Service is attached hereto as Exhibit A.
2. Pursuant to Pa.R.C.P. 430, Plaintiff made a Good Faith
Investigation, the report thereof being attached hereto as Exhibit
B.
3. Said investigation was unable to determine an alternate
address for said Defendant(s).
4. The last known address of Defendant(s) is as set forth in
the attached Exhibits.
5. A Judge has not ruled upon any other issue in this or a
related matter, and there is no other issue before a Judge to be
ruled upon.
6. There is no opposing counsel of record and therefore, no
concurrence of opposing counsel can be sought.
WHEREFORE, Plaintiff prays and respectfully requests that this
Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing
service of the Complaint in Mortgage Foreclosure by regular mail
and certified mail upon said Defendant(s), Louis C. Pirnik Jr. and
Barbara W. Pirnik.
UDREN LAW OFFICES, P.C.
BY
At
AMYL GI ASS,
PAAAR # 368367
NJ BAR, " 13862010
`` ?'
6
,.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart :
Solicitor c;,=qce OF TC S;>-E'Pjrr
Bank of America, NA
vs.
Louis C. Pirnik, Jr. (et al.)
Case Number
2010-5377
SHERIFF'S RETURN OF SERVICE
09/17/2010 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that on September 17, 2010 at
1145 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure, upon the
within named defendant, to wit: Barbara W. Pimik. After several attempts the Complaint in Mortgage
Foreclosure has expired-
09/17/2010 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that on September 17, 2010 at
1145 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure, upon the
within named defendant, to wit: Louis C. Pimik Jr. After several attempts the Complaint in Mortgage
Foreclosure has expired.
SHERIFF COST: $74.150 SO ANSWERS,
September 17, 2010 RON R ANDERSON, SHERIFF
..=curry5uite5he;?f'.T?te?isoft,?nc_ EXHIBIT A
? ?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO.,
PENNSYLVANIA Docket No.
BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO
LASALLE BANK NATIONAL ASSCIATION, AS TRUSTEE UNDER THE POOLING AND
SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2007, GSAMP TRUST 2007-NC1
,Plaintiff(s)
LOUIS C. PIRNIK, JR., ET AL
,Defendant(s)
- against -
AFFIDAVIT OF DUE DILIGENCE
I, THE UNDERSIGNED AM AND WAS ON THE DATES HEREIN MENTIONED, OVER THE AGE
OF EIGHTEEN YEARS AND NOT A PARTY TO THE ACTION, ATTEMPTED TO SERVE THE
FOLLOWING:
CERT. OF DILIGENT INQUIRY FOR CURRENT ADDRESS.
AND THAT AFTER DUE SEARCH, CAREFUL INQUIRY AND DILIGENT ATTEMPTS AT THE
RESIDENCE: 918 ALLEN STREET
NEW CUMBERLAND PA 17070
ALTERNATE: UNKNOWN
I HAVE BEEN UNABLE TO MAKE DELIVERY ON ONE OF THE FOLLOWING NAMED:
LOUIS C. PIRNIK, JR.
THEREFORE PROCESS IS BEING RETURNED FOR THE FOLLOWING REASONS:
02/24/12 CERT. OF DILIGENT INQUIRY BEING PROCESSED.
02/24/12 DILIGENT INQUIRY INDICATES AS FOLLOWS:--
SS#: 206-32-XXXX
NAME: LOUIS C. PIRNIK, JR.
ADD: 918 ALLEN STREET
NEW CUMBERLAND, PA 17070-1524
DOB: 12/03/1942
TELE #: 717-774-1408 LISTED TO L. PIRNIK AT 918
ALLEN STREET, NEW CUMBERLAND, PA.
02/24/12 PER DUE DILIGENCE, THE MOST CURRENT ADDRESS
IS 918 ALLEN STREET, NEW CUMBERLAND, PA.
02/24/12 PER DILIGENT INQUIRY, LOUIS C. PIRNIK, JR.,
WITH DOB 12/03/1942 IS A REGISTERED VOTER IN
CUMBERLAND COUNTY, PA.
02/24/12 IF DGR CAN BE OF FURTHER ASSISTANCE IN THIS
MATTER, PLEASE ADVISE.
Continued on next page
DGR - The Source for Legal Support
1359 Littleton Road, Morris Plains, NJ 07950-3000
File # 10070472-1 (973) 403-1700 Fax (973) 403-9222 Work order # 850871
IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO.,
PENNSYLVANIA Docket No.
BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO
LASALLE BANK NATIONAL ASSCIATION, AS TRUSTEE UNDER THE POOLING AND
SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2007, GSAMP TRUST 2007-NC1
,Plaintiff (s)
LOUIS C. PIRNIK, JR., ET AL
,Defendant(s)
- against -
SERVER; DANIELLE GRASSO
SWORN AND SUBSCRIBED TO BEFORE ME THIS
cf,j DAY OF ?e L ('V-(A 20 (1'?-
CIFELLI
JALIC CF
;?ur;,ssr,7'2Exf ENE 2RSEY
y , 2016
DGR - The Source for Legal Support
1359 Littleton Road, Morris Plains, NJ 07950-3000
File # 10070472-1 (973) 403-1700 Fax (973) 403--9222 Work Order # 850871
IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO.,
PENNSYLVANIA Docket No.
BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO
LASALLE BANK NATIONAL ASSCIATION, AS TRUSTEE UNDER THE POOLING AND
SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2007, GSAMP TRUST 2007-NCI
.Plaintiff (a)
LOUIS C. PIRNIK, JR., ET AL
,Defendant(s)
- against -
AFFIDAVIT OF DUE DILIGENCE
I, THE UNDERSIGNED AM AND WAS ON THE DATES HEREIN MENTIONED, OVER THE AGE
OF EIGHTEEN YEARS AND NOT A PARTY TO THE ACTION, ATTEMPTED TO SERVE THE
FOLLOWING:
CERT. OF DILIGENT INQUIRY FOR CURRENT ADDRESS.
AND THAT AFTER DUE SEARCH, CAREFUL INQUIRY AND DILIGENT ATTEMPTS AT THE
RESIDENCE: 918 ALLEN STREET
NEW CUMBERLAND PA 17070
ALTERNATE: UNKNOWN
I HAVE BEEN UNABLE TO MAKE DELIVERY ON ONE OF THE FOLLOWING NAMED:
BARBARA 'W. PIRNIK
THEREFORE PROCESS IS BEING RETURNED FOR THE FOLLOWING REASONS:
02/24/12
02/24/12
SS## :
NAME:
ADD:
DOB:
TELE #
02/24/12
02/24/12
02/24/12
File # 10070472-1
CERT. OF DILIGENT INQUIRY BEING PROCESSED.
DILIGENT INQUIRY INDICATES AS FOLLOWS:--
161-34-XXXX
BARBARA W. PIRNIK
918 ALLEN STREET
NEW CUMBERLAND, PA 17070-1524
10/06/1942
NO TELEPHONE NUMBER FOUND LISTED UNDER THE
LAST NAME PIRNIK AT 918 ALLEN STREET, NEW
CUMBERLAND, PA.
PER DUE DILIGENCE, THE MOST CURRENT ADDRESS
IS 918 ALLEN STREET, NEW CUMBERLAND, PA.
PER DILIGENT INQUIRY, BARBARA W. PIRNIK WITH
DOB 10/06/1942 IS A REGISTERED VOTER IN
CUMBERLAND COUNTY, PA.
IF DGR CAN BE OF FURTHER ASSISTANCE IN THIS
MATTER, PLEASE ADVISE.
DGR - The Source for Legal Support uonM need on next page
1359 Littleton Road, Morris Plains, NJ 07950-3000
(973) 403-1700 Fax (973) 403-9222 Work Order # 850873
IN T14E COURT OF COMMON PLEAS OF CUMBERLAND CO.,
PENNSYLVANIA Docket No.
BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO
LASALLE BANK NATIONAL ASSCIATION, AS TRUSTEE UNDER THE POOLING AND
SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2007, GSAMP TRUST 2007-NC1
,Plaintiff (s)
LOUIS C. PIRNIK, JR., ET AL
,Defendant(s)
- against -
SERVER; DANIELLE GRASSO
SWORN AND SUBSCRIBED TO BEFORE ME THIS
q * DAY OF F`? Ilt ! 20 I-L,
LOINS R. CIFELLI
NOTARY PUBLIC OF NEW JERSEY
My Commission Expires May 2, 2016
DGR - The Source for Legal Support
1359 Littleton Road, Morris Plains, NJ 07950-3000
File # 10070472-1 (973) 403-1700 Fax (973) 403-9222 Work Order # 850873
UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
856-669-5400, pleadings@udren.com
Bank of America, National :COURT OF COMMON PLEAS
Association as Successor by ECIVIL DIVISION
Merger to LaSalle Bank Cumberland County
National Association, as
Trustee Under the Pooling and
Servicing Agreement Dated as ::NO. 10-5377
of February 1, 2007, GSAMP
Trust 2007-NC1
Plaintiff
V.
Louis C. Pirnik, Jr.
Barbara W. Pirnik
Defendant(s)
MEMORANDUM OF LAW
Pennsylvania Rule of Civil Procedure 430(a) specifically provides:
(a) If service cannot be made under the applicable rule
the plaintiff may move the. court for a special order
directing the method of service. The motion shall be
accompanied by an affidavit stating the nature and extent
of the investigation which has been made to determine the
whereabouts of the defendant and the reasons why service
cannot be made.
NOTE: A sheriff's return of "not found" or the fact that
a defendant has moved without leaving a new forwarding
address is insufficient evidence of concealment.
Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580
(1976). Notice of intended adoption mailed to last known
address requires a "good faith effort" to discover the
correct address. Adoption of Walker, 468 Pa. 165, 360
A2d 603 (1976).
An :_llustration of a good faith effort to locate the
defendant includes (1) inquiries of postal authorities
including inquiries pursuant to the Freedom of
Information Act, 39 C.F.R. Part 265, (2) inquiries of
relatives, neighbors, friends and employers of the
defendant and (3) examinations of local telephone
directories, voter registration records, local tax
records, and motor vehicle records.
As set forth in the Return of Service marked Exhibit A, the Sheriff
and/or Process Server has been unable to serve the Complaint in
Mortgage Foreclosure. A good faith effort to discover the
whereabouts of the Defendant(s)has been made as evidenced by the
attached Affidavit of Good Faith Investigation marked Exhibit B.
WHEREFORE, Plaintiff prays and respectfully requests service
of the Complaint in Mortgage Foreclosure upon Defendant(s) by
regular mail and certified mail.
UDREN LAW OFFICES, P.C.
B : `/ ?
Attorrlievs r Plaintiff
AMY-ULASS, ESQ.
P AR #A 308367
NJ R # 43U2010
;??
fi ? ? ,.
? a i ;l
,fit ? ? ? ,
VERIFICATION
The undersigned hereby states that he/she is the Attorney for
the Plaintiff in this action, that he/she is authorized to make
this Verification, and that the statements made in the foregoing
MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT are
true and correct to the best of his/her knowledge, information and
belief.
The undersigned understands that this statement herein is made
subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn
falsification to authorities.
Date: UDREN LAW OFFICES, P.C.
BY:
Att
AMY GLASS, ESQ.
PA,,$AR # 308367
NJ BAR # 13862010
UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HELL, NJ 08003-3620
856-669-5400, pleadings@udren.com
Bank of America, National =COURT OF COMMON PLEAS
Association as Successor by =CIVIL DIVISION
Merger to LaSalle Bank ;Cumberland County
National Association, as
Trustee Under the Pooling and
Servicing Agreement Dated as NO. 10-5377
of February 1, 2007, GSAMP
Trust 2007-NC1
Plaintiff
V.
Louis C. Pirnik, Jr.
Barbara W. Pirnik
Defendant (s)
CERTIFICATE OF SERVICE
I, hereby certify that I have served true and correct copies
of the attached Motion For Special Service upon the following
person(s) named herein at their last known address or their
attorney of record by:
X Regular First Class Mail
Certified Mail
Other
Date Served: February 28, 2012
TO: Louis C. Pirnik, Jr.
918 Allen Street
New Cumberland, PA 17070
Barbara W. Pirnik
918 Allen Street
New Cumberland, PA 17070
UDREN LAW OFFICES, P.C.
BY??/\??
Attorne/VS or Plaintiff
ESQ.
NJ BAR " 1'1962010
IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY
CIVIL DIVISION
Bank of America, National
Association as Successor by
Merger to LaSalle Bank
National Association, as NO. 10-5377
Trustee Under the Pooling and
Servicing Agreement Dated as
of February 1, 2007, GSAMP c
Trust 2007-NC1 ?
Plaintiff
x 7J
:fi7
-? s-ry
,A W 7D
C>
i
V. f-2t
Louis C. Pirnik, Jr.
Barbara W. Pirnik =
-
Defendant (s) +..?
C'
O R D E R
AND NOW, this 1,3 W,, day of '-Ine /166, , 2012, upon
?z consideration of Plaintiff's Motion and the Affidavit of Good Faith
S.
investigation attached hereto, it is hereby ORDERED that service of
the Complaint in Mortgage Foreclosure upon Defendant(s), Louis C.
Pirnik Jr. and Barbara W. Pirnik, shall be complete when Plaintiff
or its counsel or agent has mailed true and correct copies of the
Complaint in Mortgage Foreclosure by certified mail and regular
mail to the last known address of Defendant (s) , Louis C. Pirnik Jr.
and Barbara W. Pirnik at 918 Allen Street New Cumberland, PA 17070
and by posting the mortgaged premises located at 918 Allen Street
New Cumberland, PA 17070.
BY THE COURT:
UdrenlawCifs
Amy Glas,E? ??s??o?u5
UDREN LAW OFFICES, P.C.
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
856-669-5400
Bank of America, National Association as
successor by merger to LaSalle Bank
National Association, as Trustee under the
Pooling and Servicing Agreement dated as
of February 1, 2007, GSAMP Trust 2007-
NC1
Plaintiff
V.
LOUIS C. PIRNIK JR
BARBARA W. PIRNIK
Defendants
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
NO. 10-5377
c? Cs ,
a
E
v C7 a
Q -?;
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Kindly reinstate the Complaint on the above-captioned matter.
DATE: V t 2jQNa
UDREN LAW OFFICES, P.C.
BY: I-L
Atto o Plamti
HARRY B. REESE, ESQUIRE
PA ID 310501
4D
P-9 a?aUa3
UDREN LAW OFFICES, P.C. ?ORNEY FOR PLAINTIFF
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620 16
856-669-5400 leadin s@udren.comLAt?? COUNT`-
Bank of America, National W'gLJA bMMON PLEAS
`-" W
Association as Successor by DIVISION
VIL
Merger to LaSalle Bank :Cumberland County
National Association, as
Trustee 'Under the Pooling and
Servicing Agreement Dated as
of February 1, 2007, GSAMP
Trust 2007-NC1
4828 Loop Central Drive
Houston, TX 77081
Plaintiff
V.
Louis C. Pirnik, Jr.
Barbara W. Pirnik ':NO. 10-5377
918 Allen Street
New Cumberland, PA 17070
Defendant (s)
VERIFICATION OF SERVICE BY CERTIFIED MAIL AND
REGULAR MAIL PURSUANT TO COURT ORDER
The undersigned hereby verifies that he is counsel for Plaintiff in
the above case and that pursuant to the Court order issued in this
matter a true and correct copy of the Complaint in Mortgage
Foreclosure was mailed to Defendant(s), by certified mail and
regular first class mail, to the last known address of Defendant (s)
as follows:
DATE MAILED: March 27, 2012
Louis C. Pirnik, Jr.
Barbara W. Pirnik
918 Allen Street
New Cumberland, PA 17070
I verify that the statements made herein are true and correct and
I understand that false statements made herein are subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
Dated: March 27, 2012
ICES, P. C.
At-ornkv for Maintiff
A GL S8, ESQ.
PA BAR # 308367
NJ BAR # 13862010
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Bank of America, NA
vs.
Louis C. Pirnik, Jr. (et al.)
s"P%s Ot u1uGr ??t
ER aFti? _J ?'1 tij P'1
(aJ ;? E'-L l a i i hr I? t i{
Case Number
2010-5377
SHERIFF'S RETURN OF SERVICE
03/29/2012 06:20 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 29,
2012 at 1820 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Louis C. Pirnik, Jr., pursuant to order of court by posting the premises
located at 918 Allen Street, New Cumberland, Cumberland County, Pennsylvania 17070 with a true and
correct copy according to law.
l
RO ERT BITNER, DEPUTY
03/29/2012 06:20 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 29,
2012 at 1820 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Barbara W. Pirnik, pursuant to order of court by posting the premises
located at 918 Allen Street, New Cumberland, Cumberland County, Pennsylvania 17070 with a true and
correct copy according to law.
SHERIFF COST: $73.00
March 30, 2012
Cy ±L2
ROB RT BITNER, DEPUTY
SO ANSWERS,
RON R ANDERSON, SHERIFF
UDREN LAW OFFICES P.C. ATTORNEY FOR PLAINTIFF
WOODCRE$T CORPORATE CENTER
111 WOOPCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003
856-669-5400
Bank of America, National :COURT OF COMMON PLEAS
Association as Successor by :CIVIL DIVISION
Merger to LaSalle Bank :Cumberland County
National Association, as
Trustee Under the Pooling and
Servicing Agreement Dated as :NO. 10-5377
of February 1, 2007, GSAMP
Trust 2007-NC1
4828 Loop Central Drive
Houston, TX 77081
Plaintiff
V.
Louis C. Pirnik, Jr.
Barbara W. Pirnik
918 Allen Street
New Cumberland, PA 17070
Defendant(s)
PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE
TO THE PROTHONOTARY:
into
-
:
CJ7 ? 4 r _r-
G'?
C:h
c?
Kindly mark the above DISCONTINUED WITHOUT PREJUDICE,
upon payment of your costs only.
Attorney for Plaintiff
DATED: August 31, 2012
KASSIA FIALKOFF, ESQUIRE
PA ID 310530
10070472-1