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HomeMy WebLinkAbout10-6117GOI.DBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF RILE I D-OFICE OF THE IROTHONOTAR`r 2010 SEP 23 PM 2: 06 CUMBERLAND COUNTY PENNSYLVANIA BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP 7105 Corporate Drive PTX B-209 Plano, TX 75024 Plaintiff VS. RUSSELL E. BURNHISEL Mortgagor and Record Owner 124 2nd Street Enola, PA 17025 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGEE FORECLOSURE It - (0117 (2:,\,1 l Tam No. Defendant CIVIL ACTIOM MOR1' FORECL! NOTICE :r 11 GAGE 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 O 5 051.00 Pp PTN CUMBERLAND COUNTY BAR ASSOCIATION Oil M1117 2 Liberty Avenue t a?8?o707 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 provisions 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 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.phfa.org/consumers/homeowners/real.gWx. 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.philadelphiafed.or0foreclosure/ 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 homeretentiongg-oldbecklaw.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 101726FC. 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 F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, 7105 Corporate Drive, PTX B-209 Plano, TX 75024. 2. The names and addresses of the Defendant is RUSSELL E. BURNHISEL, 124 2nd Street, Enola, PA 17025, who is the mortgagor and record owner of the mortgaged premises hereinafter described. 3. On June 07, 2007 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR FIRST NLC FINANCIAL SERVICES LLC DBA THE LENDING CENTER, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1999 Page 1056. The mortgage has been assigned to: BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING LP by assignment of Mortgage recorded on June 30, 2010 as Instrument#201017345. 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 March 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 ....................................................................................$96,495.63 Interest from 02/01/2009 through 08/16/2010 at 6.7500% .... .................$10,031.70 Per Diem interest rate at $17.85 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$4,824.78 Late Charges from 03/01/2009 to 08/16/2010 ....................... ......................$577.98 Monthly late charge amount at $32.11 Costs of suit and Title Search (Estimated) ............................. ......................$900.00 Monthly Escrow amount $242.46 $112,830.09 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 personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has 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 Defendant 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 Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $112,830.09, together with interest at the rate of $17.85, 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 RTY & MCKEEVER Michael McKeev D 56129 Frr McCaf ferty Pa. ID 42386 Lee Pa. ID 78020 ina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 ATTORNEYS FOR PLAINTIFF VERIFICATION I, Barbara Kornisarof , 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 unsworn falsification to authorities. Date: Komisarof - AsW. Virg President #101726FC - RUSSELL E. BURNHISEL 124 2nd Street Enola, PA 17025 E.chibitA LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsbo+o (formerly the Borough of West Fairview), County of Osnbertend and Common weaNh of Pennsylvania, more particularly desor bed in accordance with a survey and plan thereof made of D. P. Radlfensperger Associates, Engineers and Surveyors, dated June 23,1983, as follows; BEGINNING at a point on the western right of way line of Second Street (formerly Main Street), which point is 130.86 feet southwardly from the intersection of said second Street and North Street thence WWV the western right of way line of Second Sb eet South one degrees fifteen minutes West OW"en teat la a point; thence along lands now or laic of George W. Myers North ekft4ght degrees forty-five minufss 1Msst one hundred thirty-nine feet b the eastern line of an alley 16 feet wide; thence along the earl em line of saki aky North one degrees fifteen minutes East eighteen feet t0 a point; thence along lands now or left of John E. Slemons South eighty- eight degrees forty4lve minutes East hundred thirty-nine feet to the western right of way We Second Street aforesaid, the point and piece of BEFGINNING. Being the same premises which Paul M. Enrico, single man and Tracy L Enrico, single woman by dead dated SA=6 and recorded 7/61212005 in Cumberland County in book 289 on page 3850 then granted and conveyed to Russell E Bumhisel, single man, in fee. Parcel ID Number. 45-17-1044226 , Plymouth Meettngn PA 19488 U39987341-SISK17 r oRrQw LOAM 1OW47MSB us Recordings Eyhibit B ACT 91 NOTICE DATE OF NOTICE: 08/19/2010 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS LAW FIRM IS AD EBTCOLLECTOR 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 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 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 M 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 llamado "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: 08/19/2010 Homeowners Name: RUSSELL E. BURNHISEL Property Address: 124 2nd Street, Enola, PA 17025 Loan Account No.: 162140420 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 M U ST 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 WI LL 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. AG E N CY ACT 10 N - 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 `r'OIJ ARE CUF,1,RENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE I"Ol LOVVING FART OFTHIS NOT ; , IS FOR INFORMATION PURPOSES ONLY AND SHOULD TA E'1 1 iDERED AS AN ,ATTEMPT TO COL,LFCTTHE flIF5T HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 124 2nd Street, Enola, PA 17025 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 03/01/2009 thru 08/19/2010 (18 mos. at $884.57/month) $15,922.26 (b) Late charges from 03/01/2009 thru 08/19/2010 (18 mos. at $32.11/month) $577.98 (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $16,500.24 HOW TO CU RE TH E DEFAU LT - You may cure the default within TH I RTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $16,500.24, 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 i ntends to exercise its rights to accelerate the mortgaae 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 mortclaaed property. I F T H E 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 TH I RTY (30) DAY period you will not be required to pay attorney's fees. OT H E R LEN D E R RE M E D I ES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHTTO CURETHE DEFAULT PRIORTOSHERIFF'SSALE -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 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, EARLI EST POSSI BLE SH E R I FF'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 (61 months frorn 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: Stephen Marsh Emai 1: PHFA.Program@bankofamerica.com E F F E CT OF S H ERI F FS 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 lender at any time. ASS U M PT i ON 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. 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. Contact Person: Stephen Marsh Phone Number: 972-526-6000 HEMAP Consumer Credit Counseling Agencies Report last updated: 7/30/2010 8:57:41 AM CUMBERLAND County American Credit Counseling Institute 175 Strafford Avenue CCCS of Western PA Suite 1 2000 Linglestown Road Wayne, PA 19087 Harrisburg, PA 17102 610.971.2210 888.511.2227 888.212.6741 Community Action Commission of Capital Region American Financial Counseling Services Inc. 1514 Deny Street 1080 N. Delaware Avenue Harrisburg, PA 17104 Suite 200 717.232.9757 Philadelphia, PA 19125 267.228.7903 Maranatha 800.490.3039 43 Philadelphia Avenue Waynesboro, PA 17268 American Financial Counseling Services Inc. 717.762.3285 405 West Germantown Pike Norristown, PA 19403 PA Interfaith Community Programs Inc 267.228.7903 40 E High Street 800.490.3039 Gettysburg, PA 17325 717334.1518 American Financial Counseling Services Inc. 175 Strafford Avenue PHFA Suite One 211 North Front Street Wayne, PA 19087 Harrisburg, PA 17110 267.228.7903 717.780.3940 800.490.3039 800.342.2397 American Red Cross of Chester DAUPHIN County 1729 Edgemont Avenue CCCS of Western PA Chester, PA 19013 2000 Linglestown Road 610.874.1484 Harrisburg, PA 17102 APM 888.511.2227 600 W Diamond Street Community Action Commission of Capital Region Philadelphia, PA 19122 1514 Derry Street 215.235.6070 Harrisburg, PA 17104 (267) 953-4615 717.232.9757 Carroll Park Community Council, Inc. PHFA 5218 Master Street 211 North Front Street Philadelphia, PA 19131 Harrisburg, PA 17110 215.877.1157 717.780.3940 CCCS of Delaware Valley 800.342.2397 4400 North Reese Street DELAWARE County Philadelphia, PA 19140 215.563.5665 Advocates for Financial Independence 1503 Wadsworth Ave CCCS of Delaware Valley Philadelphia, PA 19150 1003 East Lincoln Highway 267-323-2696 Suite 102 Coatesville, PA 19320 American Credit Counseling Institute 215.563.5665 526-528 Dekalb Street Norristown, PA 19401 CCCS of Delaware Valley 610.971.2210 113 East Main Street 888.212.6741 2nd Floor Norristown, PA 19401 215.563.5665 Page 8 of 21 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~~~~L~, ~l ~iwit~rrl,~~~ Jody S Smith Chief Deputy - Richard W Stewart Solicitor ''~ BAC Home Loans Servicing, L.P. vs. Russell E. Burnhisel Case Number 2010-6117 SHERIFF'S RETURN OF SERVICE 09/27/2010 09:02 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September 27, 2010 at 2102 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Russell E. Burnhisel, by making known unto himself personally, at 116 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. Deputies were advised 124 2nd Street, Enola, PA 17025 has been vacant since June 2009. SHERIFF COST: $50.50 September 28, 2010 / /" DENNIS FR? ,DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF c.~ ~-s ~ ~ .sfS.+//~~~/ ~ ~ t"~1 kr . „~,L.~. i .a'7~ ~ ..su. ~ w. .•-^.. ll.~:..~~~pp <+h.- ~1 --C: ~-rl ~ ,r. Count~,5aitn .CFer~'fi. T'.:ierspfl, In;;. In the Court of Common Pleas of Cumberland County BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX B-209 Plano, TX 75024 Plaintiff vs. RUSSELL E. BURNHISEL (Mortgagor(s) and Record Owner(s)) 124 2nd Street Enola, PA 17025 Defendant(s) PRAECIPE FOR JUDGMENT No. 10-6117 CIVIL TERM --a a O rnr- Cl ??M ? --a c.? C7 y. ©-ri 1 to C:) tr - -i Q 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. Enter the Judgment in favor of Plaintiff and against RUSSELL E. BURNHISEL by default for want of an Answer. Assess damages as follows: Debt Interest from 12/7/2011 to Date of Sale per diem at $17.85 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 By: KML LAW GROUP, P.C. Michael McKeever P. ID 56129 $121,312.88 Jay E. Kivitz Pa. ID 26769 a,t+ O 14.Ob ? Q ?- -Lisa Lee Pa. ID 78020 K i ti M h P ID 61858 CKo a q?3 ? r s na urt a a. . David Fein Pa ID 82628 - a V 9 t . Thomas Puleo Pa. ID 27615 4? vv Ann E. Swartz Pa. ID 201926 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff AND NOW llz ' . `_l .C?o I ( , Judgment is entered in favor of BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LO ATAL SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP and against RUSSELL E. BU ISELOXAM want of an Answer and damages assessed in the sum of $121,312.88 as per the above certificatio ?- ?,?, , ? ' °?, ?,.. ? r ??° ,?, „,?? .. . ,?,?.. ; Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX B-209 Plano, TX 75024 Plaintiff No. 10-6117 CIVIL TERM VS. RUSSELL E. BURNHISEL (Mortgagors and Record Owner(s)) 124 2nd Street Enola, PA 17025 Defendant(s) 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. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. David D. Buell Prothonotary of Cumberland County 1 CourthousCarlisle, PA ProthonotaBy: If you have any questions concerning the above, please contact: KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 .: :?,- S F y sfP SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 0i cawb'pe" Jody S Smith Chief Deputy ` t Richard W Stewart p F ' ? R Solicitor 3FV!CE OF T4 S!?!FF BAC Home Loans Servicing, L.P. Case Number vs. 2010-6117 Russell E. Bumhisel SHERIFF'S RETURN OF SERVICE 09/27/2010 09:02 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September 27, 2010 at 2102 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Russell E. Bumhisel, by making known unto himself personally, at 116 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. Deputies were advised 124 2nd Street, Enola, PA 17025 has been vacant since June 2009. SHERIFF COST: $50.50 September 28, 2010 DENNIS FRY? DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF {c} -10LnhfSu4!e Sherrfi. Te!sosdt. im. 101726FC 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. DATE OF THIS NOTICE: June 27, 2011 TO: RUSSELL E. BURNHISEL BURNMSEL, RUSSELL E. 124 2nd Stwt Enola, PA 17025 BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP 7105 Corporate Derive PTX B-209 Plano, TX 75024 Plaintiff vs. RUSSELL E. BURNHISEL (Mortgagor(s) and Record Owner( s)) 124 2nd Street Enola, PA 17025 Defendant(s) TO: RUSSELL E. BURNHISEL In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 10-6117 CIVIL TERM 124 2nd Street Enola, PA 17025 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER. A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER. LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SFRVICFS RC 8 Irvine Row Carlisle. PA 17013 717-243-9400 CUMBERLAND COUN1'Y BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 r /Ulj 11A By: Z?Mlll 71,11 ff V GOLD EC C RTY & MCKEEVER Michael M ver 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 Jill P. Jenldns Pa. ID 306588{ 215-825-6360 Attorneys for Plaintiff r - :_.._ - _. _ _.. 101726FC 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. DATE OF THIS NOTICE: June 27, 2011 TO: RUSSELL E. BURNHISEL BURNHISEL, RUSSELL E. 116 Ridge Hill Road Mechanicsburg, PA 17050 BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP 7105 Corporate Drive PTX B-209 Plano, TX 75024 Plaintiff vs. RUSSELL E, BURNMSEL (Mortgagor(s) and Record Owner(s)) 124 2nd Street Enola, PA 17025 Defendant(s) TO: RUSSELL E. BURNHISEL 116 Ridge Hill Road Mechanicsburg, PA [7050 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 10-6117 CIVIL TERM IMPORTANT NOTICE YOU ARE JN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Leine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 By: 4,11 hdi?v GO E MCCAFFERTY & MCKEEVER Michael M eever 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 Jill P. Jenldns Pa. ID 306588 215-825-6360 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff VS. RUSSELL E. BURNHISEL Defendant(s) NO. 10-6117 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group, P.C., as the representative for the Plaintiff in the above entitled matter, does hereby state to the best of his/her information and belief, as follows: 2. That the above named Defendant, RUSSELL E. BURNHISEL, has a last known residence of 116 Ridge Hill Road, Mechanicsburg, PA 17050. 3. That inquiry has been made with the Department of Defense as to the military status of each of the Defendants in this action. A copy of the Military Status Report is attached. 4. The Defendant is not in the military service of the United States of America as defined by the Servicemembers Civil Relief Act as amended. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Date /;k" By: KML LAW GROUP, P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay Kivitz Pa. ID 26769 Andrew Gornall Pa. ID 92382 Ann E. Swartz Pa. ID 201926 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 7_ of 2 Dec-06-2011 12:03:34 < Last First/Middle Begin Date Active Duty Status Active Duty End Date Service A enc Name g y RUSSELL Based on the information you have furnished, the DMDC does riot possess BURNHISEL E. any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). IA. 4f hby in 6 Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/fag/pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 12/6/2011 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:A3N3UP2C4Q https://www.dmdc.osd.mil/appj/scra/popreport.do 12/6/2011 XML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX B-209 Plano, TX 75024 Plaintiff vs. RUSSELL E. BURNHISEL (Mortgagor(s) and Record owner(s)) 124 2nd Street Enola, PA 17025 Defendant(s) ORDER FOR JUDGMENT IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 10-6117 CIVIL TERM Please enter Judgment in favor of BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, and against RUSSELL E. BURNHISEL for failure to file an Answer in the above action within (20) days from the date of service of the Complaint, in the sum of $121,312.88. By: ' oot?;?? KML LAW GROUP, P.C. Michael McKeever Pa. ID 56129 Jay 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 Ann E. Swartz Pa. ID 201926 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX B-209 Plano, TX 75024 and that the name(s) and last known address(es) of the Defendant(s) is/are RUSSELL E. BURNHISEL, 116 Ridge Hill Road Mechanicsburg, PA 17050; By: KML LAW GROUP, P.C. Michael McKeever Pa. ID 56129 Jay 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 Ann E. Swartz Pa. ID 201926 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 02/01/2009 through 12/06/2011 Reasonable Attorney's Fee Late Charges Escrow Payments Due 16 X $242.46 $96,495.63 $18,546.15 $1,300.00 $1,091.74 $3,879.36 $121,312.88 By. v KML LAW GROUP, P.C. Michael McKeever Pa. ID 56129 Jay 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 Ann E. Swartz Pa. ID 201926 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff AND NOW, this l day of 2011 damages are assessed as above. / Pro Prothy ? ?•? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-6117 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff (s) From RUSSELL E. BURNHISEL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $121,312.88 L.L.: $.50 Interest FROM 12/7/11 TO DATE OF SALE PER DIEM AT $17.85 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $191.00 Other Costs: Plaintiff Paid: Date: DECEMBER 9, 2011 David D Buell, Pro o t iy k A. (Seal) By Deputy REQUESTING PARTY: Name: DAVID FEIN, ESQUIRE Address: KML LAW GROUP, P.C. SUITE 5000 - BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 82628 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180- 3183 KML Law Group, P.C. m ? Suite 5000 - BNY Independence Center ? , 701 Market Street =- Philadelphia, PA 19106 C- 215-627-1322 Attorney for Plaintiff BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX B-209 Plano, TX 75024 vs. RUSSELL E. BURNHISEL Mortgagor(s) and Record Owner(s) 124 2nd Street Enola, PA 17025 Plaintiff Defendant(s) CD , CJ CZ) r- S? IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 10-6117 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due interest from 12/7/2011 to Date of Sale per diem at $17.85 (Costs to be added) a? ". ? a SQ . SQ q& 00 U U B,-,, OD u 4 IN. C9 C2 « It a. 60 t Cb PC& a $121,312.88 KML LAW GROUP, P.C. Michael McKeever Pa. ID 56129 Jay 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 Ann E. Swartz Pa. ID 201926 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff a, 00 lam- w 4. ? , Co Ld1L -IaaOr L3 e?tk 1/7 AL cs s3y? Y-- 9 G?fi 'l"i Qs .Ts-yve( W L7 a w tea? © Yn H [J1 a UWp W 0 0 .a dww z W wx? zoo d O P v a ? W 3 yc W Q C- ? ? `tea W v 0 f. 0 1 ua -r4 a O w a v a td I a U v, ? Q c ?g ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro (formerly the Borough of West Fairview), County of Cumberland and Commonwealth of Pennsylvania, more particularly described in accordance with a survey and plan thereof made of D.P. Radffensperger Associates, Engineers and Surveyors, dated June 23, 1983, as follows; BEGINNING at a point on the western right of way line of Second Street (formerly Main Street), which point is 130.88 feet southwardly from the intersection of said second Street and North Street; thence along the western right of way line of Second Street South one degrees fifteen minutes West eighteen feet to a point; thence along lands now or late of George W. Myers North eighty-eight degrees forty-five minutes West one hundred thirty-nine feet to the eastern line of an alley 16 feet wide; thence along the eastern line of said alley North one degrees fifteen minutes East eighteen feet to a point; thence along lands now or late of John E. Siemons South eighty-eight degrees forty-five minutes East hundred thirty- nine feet to the western right of way line Second Street aforesaid, the point and place of BEGINNING. Being the same premises which Paul M. Enrico, single man and Tracy L. Enrico, single woman by deed dated 6/30/2005 and recorded 7/6/2005 in Cumberland County in book 269 on page 3850 then granted and conveyed to Russell E. Burnhisel, single man, in fee. MUNICIPALITY: TOWNSHIP OF EAST PENNSBORO (FORMERLY THE BOROUGH OF WEST FAIRVIEW) TAX PARCEL #: 45-17-1044-226 BEING KNOWN AS: 124 2ND STREET, ENOLA, PA 17025 KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BANK OF AMERICA, N.A., SUCCESS '"'?MERGER TO BAC HOME LOANS SERVIC ?i-P L FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX B-209 Plano, TX 75024 VS. RUSSELL E. BURNHISEL (Mortgagor(s) and Record Owner(s)) 124 2nd Street Enola, PA 17025 MBA IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 10-6117 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, Plaintiff in the above action, by counsel, KML Law Group, P.C., sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 124 2nd Street Enola, PA 17025 1.Name and address of Owner(s) or Reputed Owner(s): RUSSELL E. BURNHISEL 116 Ridge Hill Road Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: RUSSELL E. BURNHISEL 116 Ridge Hill Road Mechanicsburg, PA 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 AMERICAN GENERAL FINANCIAL SERVICES INC 125 GATEWAY DR. STE 109 MECHANICSBURG, PA 17055 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION 1 CREDIT UNION PLACE HARRISBURG, PA 17101 EAST PENNSBORO TOWNSHIP 98 S. ENOLA DRIVE ENOLA, PA 17025 AMERICAN GENERAL FINANCIAL SERVICES INC GO CRAIG H FOX ESQ/FOX & FOX ONE MONTGOMERY PLZ #706 NORRISTOWN, PA 19401 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION CIO SHAWN M. LONG ESQ 126 E KING STREET LANCASTER, PA 17602 4. Name and address of the last recorded holder of every mortgage of record: Fidelity National Financial 601 Riverside Avenue, Fourth Floor Jacksonville, FL 32201 AMERICAN GENERAL FINANCIAL SERVICES, INC RR1 BOX 705 TANNERSVILLE, PA 18372-9090 Fidelity National Title Insurance Company 6601 Frances Street Suite 2 Omaha, NE 68154 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 124 2nd Street Enola, PA 17025 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: By: KML LAW GROUP, P.C. _Michael McKeever Pa. ID 56129 _Jay 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 ?___Ann E. Swartz Pa. ID 201926 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff 2- 1QdL Law Group, P.C. Suite 5000- BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX B-209 Plano, TX 75024 VS. RUSSELL E. BURNHISEL Mortgagor(s) and Record Owner(s) 124 2nd Street Enola, PA 17025 D- = SCE -13,,jERLAJA? CCU ?'r ?,,-&aYI VA?'IA 10-6117 CIVIL TERM IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff Docket No. 10-6117 CIVIL TERM Defendant(s; THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BURNHISEL, RUSSELL E. RUSSELL E. BURNHISEL 116 Ridge Hill Road Mechanicsburg, PA 17050 Your house at 124 2nd Street, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on Wednesday, June 06, 2012, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $121,312.88 obtained by BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: .r 10-6117 CIVIL TERM 1. The sale will be cancelled if you pay to BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: hnp://www.pbiladelphiafed.org/foreclosurel YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 10-6117 CIVIL TERM 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 ht!p://www.phfa.orWconsumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). 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@kmllaw,-roup.com.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 101726FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX B-209 Plano, TX 75024 Plaintiff vs. RUSSELL E. BURNHISEL Mortgagor(s) and Record Owner(s) 124 2nd Street Enola, PA 17025 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 10-6117 CIVIL TERM CERTIFICATION AS TO THE SALE OF REAL PROPERTY Plaintiff, by counsel, hereby certifies that it has complied with the provisions of Act 91 of 1983 and/or the real property in question is not subject to the Act. By: KML LAW GROUP, P.C. Michael McKeever Pa. ID 56129 Jay 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 Ann E. Swartz Pa. ID 201926 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 19106-1532 215-627-1322 BANK OF AMERICA, N.A., SUCCESSOM A C MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX B-209 Plano, TX 75024 VS. RUSSELL E. BURNHISEL Mortgagor(s) and Record Owner(s) 124 2nd Street Enola, PA 17025 i H TA 16 9: CUMBERLAND rnin.17"y 101726FC CF: 09/23/2010 SD: 06/06/2012 $121,312.88 NIA - .IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff Term No. 10-6117 CIVIL TERM Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Eileen Bowden, an employee of KML Law Group, P.C., counsel of Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: Personal Service by the Sheriffs Office/ u ( ) Certified mail by KML Law Group, P.C. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by KML Law Group, P.C. to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by KML Law Group, P.C. (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail KML Law Group, P.C. (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respect bmitt ? BY: Eileen Bowden Legal Assistant Im ° m ¢- o No° 2 U) LL. O bJ .- m N O - q z ©U O L) 0 ?LL ? Qa E 0 C) . ° a t ?? rn 0 m m°O ~A.v o ' o ? a3.UNn o ? ir , g c 0 c -? m - m E ?> m c a « -ia m > E a °o rn U a a - LL o m - >_ n c CL m 0 LL C43 (1) U) m • _ Z .. m m 0 3 0 ¢ G1 2 10 E p c m N i0 m LL > t7 W ~ Lo D v. v.?6 o ?¢ E S m L i6QJ LL J J cCIA C y U N U / . t f x• '` ;? X. ao H O ? O n? O m w m T O ,,, ` rte, : M.6 a° i6 N fA i0 c Z fn to i -r ?l m .?`. 0 m w Z L ? L N to C " C 9 I •76c? _0 zQZ •- m 0) (a 70 -5 E QN t6 ? i c y Q C a° li.tUO? ?? 0 iicC w0 C w H? W ... C m L m ° C _ S A co U U o f m 2 Z o z o m m o z w w p w 0 w CC C) = -2 m m ?i A ca ¢ LL 2 W W l) Q2 i m w -J cq w m U) J U) J w o o c ???? z U E U U .n z U z o a m c? m m? p Z O p Z ? W ? (3 c o d E t!S a m o w U) z LLW ¢ ¢va vo LL ¢ o w a " °' ¢ w N c°n O m m 0 m ~ M: (6 W¢ ¢ Ir >Ln W r W? (n ? OW T' d o D U m W Z ? ¢ co J O Ir Z? z a Q p z m Q Qa p m i.. E ` ? m ,n r, a w n cr r 5 . 'w'n co V ¢ O 0 Z p t lwn C.7 _ O..z z g F-. _ . . r ° ' a' `o m O m x ii »N U N¢ EL Z? 7? !5a z ZO J 3. z m U U O W C Q (n c x i-} Co U z ~ co z U O ai ¢ fn Y ???'El 01--•~00 ??m% w0U w _Oa[ t[ (60 w W¢ z o E ¢U mQ 000 m M ZUQ COZ 2 z0 W (D ON¢ o U o_ 020_ a0mo Q L ? Dam= rnw Q Oz CL U.-J a I m I ma i a m v ? z m E F F- z r CD W m (A WQ o .._l o d m (A Q ._ m _0Y0W0- C'J a o? .._. aUDYJc mm E q w? -A o zO r m ?o=rn N co v ?n co co c m 1 0 a m r m a H T .a r • a o CV v o N c0 0 ca ai cC N as cn 0 c D 0 U o c0 W N N .a Z m E z 2 U U- m W co = LL J LL ? `U`^^ T VJ CL ° Cc SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ..,.%' 9 ai u?hp??? I ?? r ? TkE 3'±,$R!FF BAC Home Loans Servicing, L.P. Case Number vs. 2010-6117 Russell E. Bumhisel SHERIFF'S RETURN OF SERVICE 03/20/2012 05:35 PM - Deputy Shawn Gutshall, being duly swam according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be STEPHEN EAGLE - HOME OWNER OF ADDRESS ABOVE AND DEFENDANT DOES LIVE HERE, who accepted as "Adult Person in Charge" for Russell E_ Burnhisel at 116 Ridge Hill Road, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 03/24/2012 10:49 AM - Deputy Noah Cline, being duly sworn according to law, states service was performed by, posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 124 2nd Street, East Pennsboro/ W. Fairview Twp., Enola, PA 17025, Cumberland County. SHERIFF COST: $924.20 March 27, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF !cj ^.a.n:ysure 5!-esnA, ': e?uesdl. Ir,r;. KML LAW GROUP, P.C. Suite 5000 - BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX B-209 Plano, TX 75024 Plaintiff vs. RUSSELL E. BURNHISEL Mortgagor(s) and Record Owner(s) 124 2nd Street Enola, PA 17025 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 Term No. 10-6117 CIVIL TERM BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, Plaintiff in the above action, by and through an authorized employee of its attorneys, KML Law Group, P.C., sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 124 2nd Street Enola, PA 17025 .Name and address of Owner(s) or Reputed Owner(s): RUSSELL E. BURNHISEL 116 Ridge Hill Road Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: RUSSELL E. BURNHISEL 116 Ridge Hill Road Mechanicsburg, PA 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 AMERICAN GENERAL FINANCIAL SERVICES INC 125 GATEWAY DR. STE 109 MECHANICSBURG, PA 17055 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION 1 CREDIT UNION PLACE HARRISBURG, PA 17101 EAST PENNSBORO TOWNSHIP 98 S. ENOLA DRIVE ENOLA, PA 17025 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE AMERICAN GENERAL FINANCIAL SERVICES INC C/O CRAIG H FOX ESQ/FOX & FOX ONE MONTGOMERY PLZ #706 NORRISTOWN, PA 19401 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION C/O SHAWN M. LONG ESQ 126 E KING STREET LANCASTER, PA 17602 4. Name and address of the last recorded holder of every mortgage of record: Fidelity National Financial 601 Riverside Avenue, Fourth Floor Jacksonville, FL 32201 AMERICAN GENERAL FINANCIAL SERVICES, INC RRl BOX 705 TANNERSVILLE, PA 18372-9090 Fidelity National Title Insurance Company 6601 Frances Street Suite 2 Omaha, NE 68154 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 124 2nd Street Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: May 14, 2012 KML Law Group, P.C. BY: Eileen Bowden Legal Assistant KML Law Group, P.C.?".CTHaP?OTA{` ` S[JITE 5000 - BNY INDEPENDENCE CF,NT?? 3 701 MARKET STREET ?Q? JUL 26 PHILADELPHIA, PA 19106-1532 (215) 627-1322 l1MERLAl4D CO??T ATTORNEY FOR PLAINTIFF PEN14SYLYANiN BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX B-209 Plano, TX 75024 Plaintiff vs. RUSSELL E. BURNHISEL Mortgagor(s) and Record Owner(s) 124 2nd Street Enola, PA 17025 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 10-6117 CIVIL TERM PRAECIPE TO CORRECT PROPERTY ADDRESS Kindly correct the caption to reflect the correct property address of 124 a/k/a 1124 2nd Street, Enola, PA 17024. This is due to changes required following implementation of country-wide addressing required by implementation of 911 emergency services. Respectfully submitted, By: KML Lisa KML Law (jr6up, P. ,W,W GReUP, P.C. McKeever Pa. ID 56129 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. Si 11TF 5000 - BNY INDEPENDENCE CENTER "701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX B-209 Plano, TX 75024 Plaintiff vs. RUSSELL E. BURNHISEL (Mortgagor(s) and Record Owner(s)) 124 2nd Street Enola, PA 17025 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 10-6117 CIVIL TERM CERTIFICATE OF SERVICE Loretta Crespo hereby certifies that he/she did serve true and correct copies of Praecipe to Correct Property Address and all supporting papers attached hereto upon Defendant, by first class mail, postage pre-paid., on G? 6 .ha- RUSSELL E. BURNHISEL 116 Ridge Hill Road Mechanicsburg, PA 17050 RUSSELL E. BURNHISEL 124 ak/a 1124 2nd Street Enola, PA 17025 By: KML Law Group Loretta Crespo, Paralegal lerespo@kmllawgroup.com 215-825-6344 (Direct Phone) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor a Or Qt ?u+rifir,.?r ? r!C , :=12A1-I r-1IIIw 5ERL , G t r r !'f PEi' NSYLVr, i BAC Home Loans Servicing, L.P. vs. Russell E. Burnhisel Case Number 2010-6117 SHERIFF'S RETURN OF SERVICE 03/20/2012 05:35 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Esi Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be STEPHEN EAGLE - HOME OWNER OF ADDRESS ABOVE AND DEFENDANT DOES LIVE HERE, who accepted as "Ad Person in Charge" for Russell E. Burnhisel at 116 Ridge Hill Road, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 03/24/2012 10:49 AM - Deputy Noah Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled actioi upon the property located at 124 2nd Street, East Pennsboro/ W. Fairview Twp., Enola, PA 17025, Cumberland County. 06/06/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice h been given according to law, he exposed the within described premises at public venue or outcry at th Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on June 06, 2012 at 10: AM. He sold the same for the sum of $1.00 to Attorney Michael McKeever, on behalf of Federal Natioi Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $745.29 SO ANSWERS, August 01, 2012 R ANDERSON, SHERIFF rte, o 5V L L ?-P ??V1?? ell' .; 767 KML Law GrGup, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX B-209 Plano, TX 75024 Plaintiff VS. RUSSELL E. BURNHISEL (Mortgagor(s) and Record Owner(s)) 124 2nd Street Enola, PA 17025 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 10-6117 CIVIL TERM BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F COUNTRYWIDE HOME LOANS SERVICING LP, Plaintiff in the above action, by counsel, KML Law Group, P forth as of the date the praecipe for the writ of execution was filed the following information concerning the real pr( located at: 124 2nd Street Enola, PA 17025 1.Name and address of Owner(s) or Reputed Owner(s): RUSSELL E. BURNHISEL 116 Ridge Hill Road Mechanicsburg, PA 17050 2. Name and address of Defendani(sy in the judgment: RUSSELL E. BURNHISEL 116 Ridge Hill Road Mechanicsburg, PA 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 IN THE COURT OF COMMON of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FO sets DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 AMERICAN GENERAL FINANCIAL SERVICES INC 125 GATEWAY DR. STE 109 MECHANICSBURG, PA 17055 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION 1 CREDIT UNION PLACE HARRISBURG, PA 17101 EAST PENNSBORO TOWNSHIP 98 S. ENOLA DRIVE ENOLA, PA 17025 AMERICAN GENERAL FINANCIAL SERVICES INC C/O CRAIG H FOX ESQ/FOX & FOX ONE MONTGOMERY PI.Z #706 NORRISTOWN, PA 19401 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION C/O SHAWN M. LONG F,SQ 126 E KING STREET LANCASTER, PA 17602 4. Name and address of the last recorded holder of every mortgage of record: Fidelity National Financial 601 Riverside Avenue, Fourth Floor Jacksonville, FL 32201 AMERICAN GENERAL FINANCIAL SERVICES, INC RR1 BOX 705 TANNERSVILLE, PA 18372-9090 Fidelity National Title Insurance Company 6601 Frances Street Suite 2 Omaha, NE 68154 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which Thay be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 124 2nd Street Enola, PA 17025 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understan that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 2 By: K AIL LAW GROUP, P.C. -Michael McKeever Pa. ID 56129 -Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristin Murtha Pa ID 61858 David Fein Pa ID 82628 -Thomas Puleo Pa. ID 27615 Ann E. Swartz Pa. ID 201926 -Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff 10-6117 CIVIL TERM ENEL Law Group, P.C. Suite 5000- BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX B-209 Plano, TX 75024 VS. RUSSELL E. BURNHISEL Mortgagor(s) and Record Owner(s) 124 2nd Street Enola, PA 17025 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Docket No. 10-6117 CIVIL TERM THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BURNHI.SEL, RUSSELL E. -- -RUSSELL E-BURNHISEL 116 Ridge Hill Road Mechanicsburg, PA 17050 Your house at 124 2nd Street, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on Wednesday, June 06, 2012, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $121,312.88 obtained by BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 10-6117 CIVIL TERM 1. The sale will be cancelled if you pay to BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. --7 - You-may also ha-i immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.orp/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 10-6117 CIVIL TERM 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 phfa org/consumers/homeowners/real aaspx- 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). 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@kmllawgroup com.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 101726FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro (formerly the Borough of West Fairview), County of Cumberland and Commonwealth of Pennsylvania, more particularly described in accordance with a survey and plan thereof made of D.P. Radffensperger Associates, Engineers and Surveyors, dated June 23, 1983, as follows; BEGINNING at a point on the western right of way line of Second Street (formerly Main Street), which point is 130.88 feet southwardly from the intersection of said second Street and North Street; thence along the western right of way line of Second Street South one degrees fifteen minutes West eighteen feet to a point; thence along lands now or late of George W. Myers North eighty-eight degrees forty-fi minutes West one hundred thirty-nine feet to the eastern line of an alley 16 feet wide; thence along th eastern line of said alley North one degrees fifteen minutes East eighteen feet to a point; thence along lands now or late of John E. Siemons South eighty-eight degrees forty-five minutes East hundred thirty nine feet to the western right of way line Second Street aforesaid, the point and place of BEGINNING. Being the same premises which Paul M. Enrico, single man and Tracy L. Enrico, single woman by deed dated 6/30/2005 and recorded 7/6/2005 in Cumberland County in book 269 on page 3850 then grant and conveyed to Russell E. Burnhisel, single man, in fee. MUNICIPALITY: TOWNSHIP OF EAST PENNSBORO (FORMERLY THE BOROUGH OF WEST FAIRVIEW) TAX PARCEL #: 45-17-1044-226 BEING KNOWN AS: 124 2ND STREET, ENOLA, PA 17025 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-6117 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff (s) From RUSSELL E. BURNHISEL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $121,312.88 L.L.: $.50 Interest FROM 12/7/11 TO DATE OF SALE PER DIEM AT $17.85 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $191.00 Other Costs: Plaintiff Paid: Date: DECEMBER 9, 2011 (Seal) REQUESTING PARTY: Name: DAVID FEIN, ESQUIRE Address: KML LAW GROUP, P.C. David D Buell, Proth to By Deputy SUITE 5000 - BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 82628 TRUE COPY FROM REC RD In Testimony Whereof, I here unto se my hand and the seal of said Court at Carlisle Pa. f This _=.I-day of ?P O 0 // - 4arj On January 1, 2012 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, known and numbered as 124 2nd Street, Enola, PA 17025, more fully described on Exhibit"A" filed with this writ and by this reference incorporated herein. Date: January 30, 2012 By: For Claudia Brewbaker, Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2010-6117 Civil Term Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP vs. Russell E. Burnhisel Atty.: David Fein IMPROVEMENTS consist of a residential dwelling. BEING PREMISES 124 2nd Street, Enola, PA 17025. SOLD as the property of RUSSELL E. BURNHISEL. TAX PARCEL #45-17••1044-226. 43 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County an, State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland La, Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesE was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularl, issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, 27, May 4, and May 11, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberla Law Journal, a legal periodical of general circulation, and that he is not interested in the subj matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Li a M ie Coyne, Editor SWORN TO AND SUBSCRIBED before me this day-of May, 2012 C Notary NOTARIAL SEA DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFi S OFPICE_ CUMBERLAND COUNTY COURT ROUSE CARLISLE PA 17013 i4ePatriot .?dews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn accorcing to law, deposes and says: That she is a Staff Accountant of The Patriot News Co.. a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid, that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1940 respectively, and all have been continuously published ever since, That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true, and That she has personal knowledge o+ the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M" Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/27/12 05/04/12 (9010-6117 Civil Term ank of America N A 05/11/12 , . ., Successor by Mer er t _ , r k g o SAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP Sworn to and subscribed befipre dne this 22 day of May, 2012 A.D. VS Russell E. Burnhisel Atty David Fein 1MPRQ` EmENTS c i ons st of a residential dwellhu6. Notary PUbIIC BEINfr PREMISES 124 2nd Street EnOWTA 17025 SOLD as the property of RUSSELL E . BURNHISEL TAX PARCEL #45-17-1044 226 COMMONWEALTH OF PENNSYLVANIA - - - Notarial Seal Sherrie L. Owens, Notary Public Lower Paxton Twp., Dauphin county My Commission Expires Nov. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES RECEIPT FOR PAYMENT Cumber?a!- d - ourt' Prothonotai-y's Office Receipt Date 8/01/2012 C _1i.=1e, Pa 17013 Receipr_ Time 11:02:45 Receix 278714 BANK OF AMERICA NA ET AL (VS) BURNHISEL RUSSELL E Cage Number 2010-06117 Re ?er,red of PD SHERIFF RL Tc a? ",,on-Cash..... + 50.50 Check## 87814 Toai Cash.......... + 00 Change.. ............. - 00 RE r e =' _ total ....... _ $50.50 -------- -- .------------ Distribut ion of Payment - --------- ------ ---- Transact-?n !.ascription Payment Amount ACKNOWLEDGMEI',J'T 48.00 CUMBERLAND (-'Cl GENERAL FUND I 2007 SNERF =EE 2.00 CUMBERLAND CC GENERAL FUND LAW LIB FEE 50 CUMBERLAND CC GENERAL FUND $50.50 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. 1. Robert: P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Federal National Mt Assoc is the grantee the same having been sold to said grantee on the 6th day of June A.D., 2012, under and by virtue of a writ Execution issued on the 911H day of December, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 1201Q Number 6117, at the suit of Bank of america N A successor by merger to BAC Home Loans Servi ing LP FKA Countrywide Home Loans Ser LP against Russell E Burnhisel is duly recorded as Instrument Number 20122 3060. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of Recorder of Deed: G?M??1r?ed?ndOW* M Ay ExptrtMEbtMaidq??Dtl