HomeMy WebLinkAbout10-5499GOLDBECK McCAFFERTY & McKEEVER
BY: MICHAEL T. MCKEEVER
ATTORNEY I.D. #56129
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106
(866) 413-2311
W W W.GOLDBECKLAW.COM
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BAC HOME LOANS SERVICING, LP FKA
COUNTRYWIDE HOME LOANS SERVICING LP
7105 Corporate Drive
PTX C-35
Plano, TX 75024
Plaintiff
VS.
MICHAEL A. RUSSO
TRACI L. RUSSO
Mortgagors and Record Owners
769 Erford Road
East Pennsboro, PA 17011
Defendants
IN THE COURT OF
OF Cumberland COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
10 - 54Qq CIVI(7Tcrmn
No.
CIVIL ACTION: MORTGAGE
FORFC?..O?? ???`
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 the 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 claim in the Complaint
of 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 OR CANNOT AFFORD ONE, 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.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
Q
49a.00 P b K11-f
CUMBERLAND COUNTY BAR ASSOCIATION C* 64a-lgq
2 Liberty Avenue ?y 7 JS
q
Carlisle, PA 17013
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 demanda 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
defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion.
Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisiones
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 SERVICO. VAYA EN PERSONA O LLAME
POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA
AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE
INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS
ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT
A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU
WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
Resources available for Homeowners in Foreclosure
ACT NOW!
Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you
still may be able to SAVE YOUR HOME FROM FORECLOSURE.
1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-
9400 or.
2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling.
3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes.
4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners
in default. Please See the PHFA website http://www.Dhfa.org/consumers/homeowners/real.aspx.
5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home
Retention options.
6). Foreclosure Resource Center: http://www. hip iladelphiafed.org,/foreclosure/
7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage
or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email
at homeretention@goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or
package you requested will be mailed to the address that you request or faxed if you leave a message with that
information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be
reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 92923FC.
Para informacion en espanol puede communicarse con Loretta al 215-825-6344.
This Action of Mortgage Foreclosure will continue unless you take action to stop it.
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is BAC HOME LOANS SERVICING, LP FIFA COUNTRYWIDE HOME LOANS
SERVICING LP, 7105 Corporate Drive, PTX C-35 Plano, TX 75024.
2. The names and addresses of the Defendants are MICHAEL A. RUSSO, 769 Erford Road, Camp Hill,
PA 17011 and TRACI L. RUSSO, 633 Glenbrook Drive, Harrisburg, PA 17110, who are the mortgagors
and record owners of the mortgaged premises hereinafter described.
3. On November 21, 2001 mortgagors made, executed and delivered a mortgage upon the Property
hereinafter described to COLUMBIA NATIONAL INCORPORATED, which mortgage is recorded in
the Office of the Recorder of Deeds of Cumberland County as Book 1740 Page 2747. The mortgage has
been assigned to: BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS
SERVICING, I-P. by assignment of Mortgage. Plaintiff is the real party in interest pursuant to an
Assignment of Mortgage to Plaintiff attached as Exhibit C. The Mortgage and Assignment(s) are
matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of
Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to
pleadings if those documents are matters of public record.
4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit
"A" ("Property").
5. The mortgage is in default- because the monthly payments of principal and interest are due and unpaid
for September 01, 2009 and each month thereafter and by the terms of the Mortgage, upon default in
such payments for a period of one month or more, the entire principal balance and all interest due and
other charges are due and collectible.
6. The following amounts are due to Plaintiff on the Mortgage:
Principal Balance ....................................................................................$79,723.27
Interest from 08/01/2009 through 06/08/2010 at 6.5000% .......................$4,430.40
Per Diem interest rate at $14.20
Reasonable Attorney's Fee at 5% of Principal Balance
as more fully explained in the next numbered paragraph ...................$3,986.16
Late Charges from 09/01/2009 to 06/08/2010 .............................................$224.00
Monthly late charge amount at $22.40
Costs of suit and Title Search (Estimated) ...................................................$900.00
Monthly Escrow amount $149.76
$89,263.83
7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less
than the amount demanded based on work actually performed. The Attorney's Fees requested are in
conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up
to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at
Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount
demanded in the Action.
8. Plaintiff is not seeking a judgment of personal liability (or an "in pgrsonam" judgment) against the
Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such
right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy
proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal
liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property
pursuant to Pennsylvania law.
9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has
been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the
Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s)
attached hereto as Exhibit "B". The date of the postmark on the Notice was the same as the date of the
Notice. The Defendants had the required face to face meeting within the required time and Plaintiff has
been advised that the Defendants filed an application for mortgage assistance with the Pennsylvania
Housing Finance Agency, the Plaintiff has been advised by the Pennsylvania Housing Finance Agency
that the Defendants' application has been rejected.
WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $89,263.83,
together with interest at the rate of $14.20, per day and other expenses, costs and charges incurred by the
Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law
until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property.
By: '
GOLDBECK MCCAFFERTY & MCKEEVER
Michael McKeever Pa. ID 56129
Gary McCafferty Pa. ID 42386
Lisa Lee Pa. ID 78020
Kristina Murtha Pa. ID 61858
David Fein Pa. ID-82628
Thomas Puleo Pa. ID 27615
ATTORNEYS FOR PLAINTIFF
r
VERIFICATION
I, Y\.. IC?"I ? - , as the representative of the Plaintiff corporation
within named do hereby verify that I am authorized to and do make this verification on behalf of the
Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the
best of my knowledge, information and belief. I understand that false statements therein are made
subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities.
Date: sIJ
#92923FC - MICHAEL A. RUSSO and TRACI L. RUSSO
769 Erford Road East Pennsboro, PA 17011
Assistant Vice President
EythibitA
. t
ALL THAT CERTAIN tract or parcel of land situate in East
Pennsboro Township, Cumberland County,_ Pennsylvania, more
particularly bounded and described as follows, to wit:
BEGINNING at a point on the easterly line of Erford Road (East),
which point is 333.59 feet North of the northeasterly corner of
Erford Road (East) and Dulles Drive (East), and at dividing line
between Lot Nos. 17 and 17X, Block "I", on the hereinafter
mentioned Plan of Lots; thence along easterly line of Erford Road
(East), in an arc having a radius of 300 feet in a northerly
direction to the left, 34.61 feet to a point at dividing line
between Lot Nos. 16 and 17X, Block "I", on said Plan; thence
along said dividing line North 72 degrees 31 minutes 36 seconds
East, 146.68 feet to a point; thence South 26 degrees 00 minutes
East, 53.27 feet to a point at dividing line between Lot Nos. 17
and 17X, Block "I", on said Plan; thence along said dividing
line, South 79 degrees 08 minutes 12 seconds West, 157.63 feet to
a point, the place of BEGINNING.
BEING Lot No. 17X, Block "I", in Plan No. 7,- Ridley Park, which
Plan is recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, in Plan Book 15, Page 56.
BEING known and numbered as 769 Erford Road, Camp Hill,
Pennsylvania.
BEING Parcel No. 09-17-1044-009.
BEING the same premises which Robert L. Fissel and Sara J.
Fissel, husband and wife, by Deed dated September 30, 1999 and
recorded in Cumberland County, in Deed Book 209, page 111,
conveyed unto Michael A. Russo and Traci L. Russo, husband and
wife.
8K ! 748PG2279
Exhibit B
ACT 91 NOTICE
DATE OF NOTICE: 01/13/2010
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A
DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THE PURPOSE OF COLLECTING THE DEBT.
This is an _official notice that the mortga a 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 pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be
able to help to save Your home This Notice explains how the program works
To see if HEMAP 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 You 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 this Notice If You have any questions You may call the
Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (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 any 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, pues afecta su derecho a continuar
viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion
immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al
numero mencionada arriba. Puedes ser elegible para un prestamo por el programa Ilamado
"Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la
perdida del derecho a redimir su hipoteca.
Prepared by: GOLDBECK McCAFFERTY & McKEEVER
Suite 5000 - Mellon Independence Center.
701 Market Street
Philadelphia, PA 19106
Fax (215) 627-7734
HomeRetention@goldbecklaw.com
Date: 01/13/2010
Homeowners Name: MICHAEL A. RUSSO and TRACI L. RUSSO
Property Address: 769 Erford Road, East Pennsboro, PA 17011
Loan Account No.: nNow
Original Lender: BAC HOME LOANS SERVICING, L.P.
Current Lender/Servicer: BAC HOME LOANS SERVICING, L.P.
HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL
ASSISTANCE WHICH CAN SAVE YOUR HOME 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"), 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
designated consumer credit counseling agencies listed at the end of this Notice.
THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS 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" EXPLAINS 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 filed or postmarked within thirty (30) days of your fact-to-face meeting with the
counseling agency.
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 AND 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 FILE A HEMAP 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 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.
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: 769 Erford Road, East Pennsboro, PA 17011 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:
(a) Monthly payment from 09/01/2009 thr_u 01/13/2010
(5 mos._at $709.73/month) $3,548.65
(b) Late charges from 09/01/2009 thru 01/13/2010
(5 mos. at $22.40/month) $112.00
(c) Other charges; Escrow, Inspec., NSF Checks
(d) Other provisions of the mortgage obligation, if any
(e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $3,660.65
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 $3,660.65, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME
DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check
certified check or money order made payable and sent to:
Attention: Act Letter Department
BAC HOME LOANS SERVICING LP
c/o Goldbeck McCafferty & McKeever
701 Market Street
Suite 5000
Philadelphia, PA 19106
HomeRetention@goldbecklaw.com
866-413-2311
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 property.
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 brings 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 you cure the default within the THIRTY (30) DAY
Period, you will not be required to pay attorney's fees
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S 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 prevent the sale at any time up to one hour before the Sheriffs Sale
You may do so by paying 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 other costs connected
with the Sheriffs Sale as specified in writing by the lender and byperfonming an y 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 a
Sheriffs Sale of the mortgaged property could be held would be approximately four (4 to six (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 by contacting the
lender.
HOW TO CONTACT THE LENDER:
Name of Lender: BAC HOME LOANS SERVICING LP
Address: 7105 Corporate Drive
PTX B-35
Plano, TX 75024-3632
Phone Number: 972-526-6000
Fax Number: 817-230-6811
Contact Person: Eric Davis
Email: PHFA.Program@bankofamerica.com
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs 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 lender at any time.
ASSUMPTION OF MORTGAGE - You may 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 the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
* 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.
BEHALF.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
* 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.
Contact Person: Eric Davis
Phone Number: 972-526-6000
HEMAP Consumer Credit Counseling Agencies
Report last updated: 11/27/2009 2:32:10 PM
CCCS of Western PA
4402 Peach Street
Erie, PA 16509
888.511.2227 ext
108
888.511.2227 ext
108
DAUPHIN County
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
888.511.2227
Center for Family Services, Inc.
213 Center Street
Meadville, PA 16335
814.337.8450
Greater Erie Community Action Committee
18 West 9TH Street
Erie, PA 16501
814.459.4581
Shenango Valley Urban League, Inc.
601 Indiana Avenue
Farrell, PA 16121
724.981.5310
St. Martin Center
1701 Parade Street
Erie, PA 16503
814.452.6113
CUMBERLAND County
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
888.511.2227
Community Action Commission of Captial Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
717.762.3285
PA Interfaith Community Programs Inc
40 E High Street
Gettysburg, PA 17325
717.334.1518
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
Community Action Commission of Captial Region
1514 Deny Street
Harrisburg, PA 17104
717.232.9757
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
DELAWARE County
Advocates for Financial Independence
202 East Hinkley Avenue
Ridley Park, PA 19078
215.389.2810
American Credit Counseling Institute
175 Strafford Avenue
Suite 1
Wayne, PA 19087
610.971.2210
888.212.6741
American Credit Counseling Institute
526-528 Dekalb Street
Norristown, PA 19401
610.971.2210
888.212.6741
American Financial Counseling Services Inc.
1080 N. Delaware Avenue
Suite 200
Philadelphia, PA 19125
267.228.7903
800.490.3039
American Financial Counseling Services Inc.
405 West Germantown Pike
Norristown, PA 19403
267.228.7903
800.490.3039
American Financial Counseling Services Inc.
175 Strafford Avenue
Suite One
Wayne, PA 19087
267.228.7903
800.490.3039
Page 8 of 21
Exhibit C
Recording requested by:
COLUMBIA NATIONAL
INCORPORATED
When recorded mail to:
BANK OF AMERICA HOME LOANS
SERVICING LP
DOCUMENT PROCESSING MAIL
CODE: CA6-914-01-43
PO BOX' 5060
SIMI VALLEY, CA 93062-5000
Attn: ASSIGNMENT UNIT
CORPORATION ASSIGNMENT OF MORTGAGE
Branch/Source Code 604 40033 Doc. ID# X6212252204282964
Commitment 853440
For value received the undersigned COLUMBIA NATIONAL INCORPORATED, 7142
COLUMBIA GATEWAY R , COLUMBIA, MD L046, hereby grants, assigns and
transfers to:
A1' i_{s rn eres un er a cer a:n mortgage dated executed-by:
MICHAEL A RUSSO A TRACI L RUSSO, Mortgagor a per MORTGAGE recorded as
Instrument No. on 2/06/2 in Book 1748 Page 2262 of
official re ords In the County Recorder's Office of CUMBERLAND County,
PENNSYLVANIA.
Tax Parcel = 09-17-1044-009, EAST PENNSBORO TOWNSHIP TREASURER
Origir,ai Mortgage $82,599.73
7
69 E
FORD ROAD EAST PENN BORO PA 17011
Together with the Note or Notes therein described or referred to, the money
due and to become due thereon with interest, and all rights accrued or to
accrue under said Mort9ag "I hereby certify that the precise addr ss of the
wi?h?ir.?na?med assignee is 800 TAPO CANYON RD IMI VALLEY A 9 06
Dated: 08117/2"016 COLUMBIA NATIDNei INCORPORATED
By
State or '
County of Ventura-
=AVEDISIAN .California By-
On 08/17/2010 before me, , Notary Public, personallyy apppeared
TOM.GARCIA., who proved to me on he asis of satisfactory evidence to be the
person(t) whose name(s) is/are subscribed to the within instrument and
actin wiled ed to me *hat he/she/they executed the same in his/her their
authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certifv tinder PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
Witness my hand and o ficial al.
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GOLDBECK McCAFFERTY &
McKEEVER
BY: MICHAEL T. MCKEEVER
ATTORNEY LD. #56129
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106-1532
(215)627-1322
ATTORNEY FOR PLAINTIFF
BAC HOME LOANS SERVICING, LP FKA
COUNTRYWIDE HOME LOANS SERVICING LP
7105 Corporate Drive
PTX C-35
Plano, TX 75024
Plaintiff
vs.
MICHAEL A. RUSSO
TRACI L. RUSSO
769 Erford Road
East Pennsboro, PA 17011
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
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PRAECIPE TO REINSTATE COMPLAINT
Kindly reinstate the Complaint in the above captioned matter.
~ ,----
By: 1
GOLDBECK McCAFFERTY & McKEEVER
MICHAEL T. MCKEEVER, ESQUIRE
ATTORNEY FOR PLAINTIFF
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CNII. ACTION -LAW
ACTION OF MORTGAGE
FORECLOSURE
Term
No. 10-5499 CIVIL TERM
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff ~~~rrrp ni ~~trtiLrry,r~f~
Jody S Smith
Chief Deputy t
Richard W Stewart
Solicitor ~~r"'E `'` ~"` ';""~'~~
BAC Home Loans Servicing, LP
vs.
Michael A. Russo (et al.)
Case Number
2010-5499
SHERIFF'S RETURN OF SERVICE
09/17/2010 05:05 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on
September 17, 2010 at 1705 hours, he served a true copy of the within Complaint in Mortgage
Foreclosure, upon the within named defendant, to wit: Michael A. Russo, by making known unto himself
personally, at 769 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at
the same time handing to him personally the said true and correct copy of the same.
RYAN BU ETT, DEPUTY
09/28/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Traci L. Russo, but was unable to locate her in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant Traci L. Russo. Request for service at 769 Erford Road, Camp Hill, PA 17011 is currently
occupied by the defendant's ex husband. To date The Camp Hill Postmaster is unable to provide a good
forwarding address for Traci L. Russo.
SHERIFF COST: $62.50
September 28, 2010
SO ANSWERS,
,.., ~ --•-~....Y.
RON , R ANDERSON, SHERIFF
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
~~~ TH~~l~~ 71f~'P~Q ~'~RY
Sheriff r
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
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BAC Home Loans Servicing, LP
vs.
Michael A. Russo (et al.)
Case Number
2010-5499
SHERIFF'S RETURN OF SERVICE
10/04/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Traci L. Russo, but was unable to locate her in his
bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In
Mortgage Foreclosure according to law.
10/11/2010 12:39 PM -Dauphin County Return: And now October 11, 2010 at 1239 hours I, Jack Lotwick, Sheriff of
Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within
Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Traci L. Russo by making
known unto Charles Petrie, Attorney for defendant at 101 Market Street, Room 104, Harrisburg, PA 17101
its contents and at the same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $37.00
October 13, 2010
SO ANSWERS,
.~- ~~^..~.-- --~-r-
RON R ANDERSON, SHERIFF
~ci CountySuite Sheriff, Teleoso}l. Inc.
~~'~ire df ~t~ r~6l~exiff
William T. Tully
Solicitor
...~..
Dauphin County
Harrisburg, Pennsylvania 17103
ph: (717) 780-6590 fax: (717) 255-2889
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
BAC HOME LOANS SERVICING LP
VS
TRACI L RUSSO
Sheriff s Return
No. 2010-T-3144
And now: OCTOBER 11, 2010 at 12:39:00 PM served the within COMPLAINT IN MORTGAGE
FORECLOSURE upon TRACI L RUSSO by personally handing to CHARLES PETRIE 1 true
attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to
him/her the contents thereof at DAUPHIN COUNTY SHERIFFS OFFICE 101 MARKET STREET RM
104 HARRISBURG PA 17101
OTHER COUNTY CASE # 20105499
ATTY FOR DEFT
eputy: KAREN FMAN
Plaintiff: BAC HOME LOANS SERVICING LP
Sheriff s Costs: $47.25 10/6/2010
Out Of County Cost:
So Answers,
~~~
Sheriff of Dauphin County, Pa.
Sworn to ,and
before me thi
of
PROTHONOTARY DAU HIN COUNTY
COMMISSION~p[R~ !ST MONDAY
JANUARY, 20
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
~~~.it,e ~~ ~~ o~~rP~.I~f
Dauphin County
Harrisburg, Pennsylvania 17101
Ph: (717) 780-6590 fax: (717) 255-2889
www.dauphincounty.org
J. R. Lotwiick
__--_ - ---- - - ------- Sheriff -------- _----__ -- ----
ACCEPTANCE OF SERVICE ~~
I accept service of the ~ lo.~n~/~~N f ~~
(on behalf of ~a G, ~ Russ o
and certify that I am authorized to do so).
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Date
I/l'or~ s fr ~''ta c/6fuK_
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Defendant or Authorized Agent
~/r/a~ i~.~~f ~~~ ~-~
Mailing Address
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
S-1
5
KML LAW GROUP, P.C.
Suite 5000 - BNY Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
'tIt?i
11 RU T fi0IN0 TA 1
t3 2 EES 24 AM Its: U
t:'UMBERLAND COUNTY
PENNSYLVANIA
BAC HOME LOANS SERVICING, LP FKA
COUNTRYWIDE HOME LOANS SERVICING LP
7105 Corporate Drive
PTX C-35
Plano, TX 75024
Plaintiff
vs.
MICHAEL A. RUSSO
TRACI L. RUSSO
(Mortgagor(s) and Record Owner(s))
769 Erford Road
East Pennsboro, PA 17011
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
No. 10-5499 CIVIL TERM
PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PLAINTIFF
UNDER Pa.R.C.P. 2352
TO THE PROTHONOTARY:
Kindly file of record the Praecipe of BANK OF AMERICA, N.A., SUCCESSOR BY MERGER
TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP
for Voluntary Substitution under Pa.R.C.P. 2352 due to merger and attached Statement of Material Facts
in Support of Voluntary Substitution, Verification, Certification of Service. The address for the new
Plaintiff is 7105 Corporate Drive PTX C-35, Plano, TX 75024.
By:
AW GROUP, P.C.
h1ichael McKeever Pa. ID 56129
y E. Kivitz Pa. ID 26769
Lisa Lee Pa. ID 78020
Kristina Murtha Pa. ID 61858
David Fein Pa. ID 82628
Thomas Puleo Pa. ID 27615
Jill P. Jenkins Pa. ID 306588
Attorneys for Plaintiff
% Ct
G
Ck, 1? -70-? 34
,2 ya ys9
KML LAW GROUP, P.C.
Suite 5000 - BNY Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
BAC HOME LOANS SERVICING, LP FKA
COUNTRYWIDE HOME LOANS SERVICING LP
7105 Corporate Drive
PTX C-35
Plano, TX 75024
Plaintiff
vs.
MICHAEL A. RUSSO
TRACI L. RUSSO
(Mortgagor(s) and Record Owner(s))
769 Erford Road
East Pennsboro, PA 17011
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
No. 10-5499 CIVIL TERM
STATEMENT OF MATERIAL FACTS IN SUPPORT OF VOLUNTARY SUBSITTUTION UNDER
Pa.R.C.P. 2352
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS
SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, by counsel, hereby voluntarily
substitutes itself as Plaintiff in the above-captioned matter and in support thereof represents as follows:
1. The above-captioned Action of Mortgage Foreclosure relates to a property located at 769 Erford
Road East Pennsboro, PA 17011 ("Property").
2. Plaintiff holds a mortgage on the Property which is recorded at Mortgage Book 1740 Page 2747 in
the Office of the Recorder of Deeds for Cumberland County.
3. The original Plaintiff in this action is BAC HOME LOANS SERVICING, LP FKA
COUNTRYWIDE HOME LOANS SERVICING LP.
4. BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS
SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP is the successor in interest by
merger to the Plaintiff and is hereby voluntarily substituted as Plaintiff in the above-captioned matter.
Respectfully sub ,
By: _
L W GROUP, P.C.
ichael McKeever Pa. ID 56129
ay E. Kivitz Pa. ID 26769
Lisa Lee Pa. ID 78020
Kristina Murtha Pa. ID 61858
David Fein Pa. ID 82628
Thomas Puleo Pa. ID 27615
Jill P. Jenkins Pa. ID 306588
Attorneys for Plaintiff
KML LAW GROUP, P.C.
SUITE 5000 - BNY MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106
215-627-1322
ATTORNEY FOR PLAINTIFF
A
BAC HOME LOANS SERVICING, LP FKA
COUNTRYWIDE HOME LOANS SERVICING LP
7105 Corporate Drive
PTX C-35
Plano, TX 75024
Plaintiff
vs.
MICHAEL A. RUSSO
TRACI L. RUSSO
(Mortgagor(s) and Record Owner(s))
769 Erford Road
East Pennsboro, PA 17011
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
CIVIL, ACTION - LAW
ACTION OF MORTGAGE
FORECLOSURE
Term
No. 10-5499 CIVIL TERM
CERTIFICATE OF SERVICE
Michelle Clarkson, hereby certifies that he/she did serve true and correct copies of Praecipe for Voluntary
Substitution and all supporting papers attached hereto upon Defendant, by first class mail, postage pre-paid, on
@r) I ao 10/,-
MICHAEL A. RUSSO
769 Erford Road
Camp Hill, PA 17011
TRACI L. RUSSO
633 Glenbrook Drive
Harrisburg, PA 17110
TRACI L. RUSSO
769 Erford Road
Camp Hill, PA 17011
TRACI L. RUSSO
c/o Charles Petrie, Esquire
3528 Brisban Street
Harrisburg, PA 17111
KML Law Group, P.C.
Michelle Clarkson, Legal Assistant
mclarkson@kmllawgroup.com
215-825-6470 (Direct Phone)