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HomeMy WebLinkAbout10-7296Phelan Hallman &Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel'G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff v. DAVID E. GLASSER KITTY M. GLASSER 711 BLOSERVILLE ROAD NEWVILLE, PA 17241-9710 Defendants File #: 252574 F~L~u-o~F~c~ OF TNT pROTHONCTA~Y 2010 NOV 22 QM 9~ 17 f;UMBER~AND CGUNTY n~NNSYl.~1A4~1A ATTORNEY FOR PLAINTIFF 252574 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ~~ •~ c~~ ~p CUMBERLAND COUNTY ~~, a~ ©,~~,~.~g~, C~ ~~ s~ ~~ ~a NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800)990-9108 File #: 252574 ' 1. ~ Plaintiff is BAC HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: DAVID E. GLASSER KITTY M. GLASSER 711 BLOSERVILLE ROAD NEWVILLE, PA 17241-9710 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/30/2002 DAVID E. GLASSER and KITTY M. GLASSER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1770, Page 2446. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 252574 '6 The following amounts aze due on the mortgage: Principal Balance Interest 05/01/2008 through 11/17/2010 (Per Diem $17.2811) Attorney's Fees Late Charges through 11/17/2010 Costs of Suit and Title Search Escrow Deficit TOTAL 7. 8 9 $80,273.87 $16,088.70 $650.00 $856.52 $550.00 $t,8-X1,2.6 $105,270.35 Plaintiff is not seeking a judgment of personal liability (or an in nersnnan, judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a sepazate Action to establish that right, if such right exists. If Defendant(s) has/have received a dischazge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 91 of 1983 because the mortgage is more than twenty-four (24) months in arrears. File #: 252574 ' WHE~ZEFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $105,270.35, together with interest from 11/17/2010 at the rate of $17.2811 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged properly. PHELAN HALLINAN & SCHMIEG, LLP By: ^ Lawrence T. Phelan, Esq., d. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ And w C. Bramblett, Esq., Id. No. 208375 ison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff File #: 252574 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon situate in the Village of Bloserville, Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: On the north by a cross street; on the east by an alley; on the south by property now or formerly of Noss; and on the west by Main Street. Having a frontage of sixty-one feet along Main Street and a depth of one hundred ninety feet. Containing forty-two and one-half perches. PROPERTY ADDRESS: 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710 PARCEL # 41-12-2922-019 File #: 252574 The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: " ~ Attorney for Plaintiff File #: 252574 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,FILED-OFFICE ii THE PPZ 'f ?i? nG `_ LuI I A' -3 AIM 9: 21 '3 Jody S Smith Chief Deputy Richard W Stewart Solicitor "I IMBEi- i ktikvJ A i BAC Home Loans Servicing, LP I Case Number vs. 2010-7296 David E. Glasser (et al.) SHERIFF'S RETURN OF SERVICE 12/28/2010 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: David E. Glasser, but was unablo to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant David E. Glasser. Request for service at 711 Bloserville Road, Newville,; Pennsylvania 17241 the defendant was not found. Deputies were advised although there are personal effects at 711 Bloserville Road, Newville, Pennsylvania 17241 no one is residing at this location. To date The Newville Postmaster has been unable to provide a good forwarding address for David E. Glasser. 12/28/2010 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: Kitty M. Glasser, 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 Kitty M. Glasser. Request for service at 711 Bloserville Road, Newville, !Pennsylvania 17241 the defendant was not found. Deputies were advised although there are personal effects at 711 Bloserville Road, Newville, Pennsylvania 17241 no one is residing at this location. 'To date The Newville Postmaster has been unable to provide a good forwarding address for Kitty M. Glasser. SHERIFF COST: $64.80 December 28, 2010 r;1 Gci aait? SP e t ieie3F ;it b?% SO ANSWERS, w. RON R AND RSON, SHERIFF r Phelan Ha linan & Schmieg, LLP Lawrence . Phelan, Esq., Id. No. 32227 Francis S. allinan, Esq., Id. No. 62695 Daniel G. chmieg, Esq., Id. No. 62205 Michele . Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Sri astava, Esq., Id. No. 202331 Jay B. Jon s, Esq., Id. No. 86657 Peter J. M lcahy, Esq., Id. No. 61791 Andrew L Spivack, Esq., Id. No. 84439 Chrisoval to P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtena R. Dunn, Esq., Id. No. 206779 Andrew C Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelp ia, PA 19103 11pR25 AH 9: 19 Courar ;.r 'PENNSYLVANIA ATTORNEY FOR PLAINTIFF BAC HOME LOANS SERVICING, LP Plaintiff VS. DAVID GLASSER KITTY GLASSER Defendants COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 10-72.96 ATE CIVIL ACTI a a N Ck??avi?a7 eo aS8 394 TO THE PROTHONOTARY: reinstate the Civil Action in Mortgage Foreclosure with reference to the above matter. PHELAN H IN & SCHMIEG, LLP By: ? Lawrence T. Ph an, sq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 dith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff Date: 21.20 /cdf, Sv Dept. File# 25 574 A PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, LP VS. DAVID E. GLASSER KITTY M. GLASSER Attorney for Plaintiff CUMBERLAND COUNTY MOO Mr: . ? P? r COURT OF COMMON PLtAS? ._ .c? ° , CIVIL DIVISION C-- No. 10-7296 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DAVID E. GLASSER, and KITTY M. GLASSER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $105,270.35 Interest - 11/18/2010 to 08/04/2011 $4,493.09 TOTAL $109,763.44 I hereby certify that (1) the Defendants' last known addresses are 711 BLOSE-RVJ ROAD, NEWVILLE, PA 17241-9710 and 216 WOLFS BRIDGE ROAD SLE, P 17015, and (2) that notice has been given in accordance with Ru C.P 23711m: Date Allisoh?.,.%Iy oD Pd t?ey for Plaintiff Q ctlk ?s DAMAGES ARE HEREBY ASSESSED AS INDICATED. V-{E y7 DATE: PHS # 252574 PROTHONOTARY 252574 PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, LP VS. DAVID E. GLASSER KITTY M. GLASSER Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-7296 AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DAVID E. GLASSER is over 18 years of age and resides at 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710. (c) that defendant KITTY M. GLASSER is over 18 years of age and resides at 216 WOLFS BRIDGE ROAD, CARLISLE, PA 17015 and 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date l ison F. Wells, E rnev or Plainti 252574 (Rule of Civil Procedure No. 236) - Revised BAC HOME LOANS SERVICING, LP CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS DAVID E. GLASSER CIVIL DIVISION KITTY M. GLASSER No. 10-7296 Notice is given that a Judgment in the above captioned matter has been entered against you on g •? By: 31 If you have any questions concerning this matter please contact: Allison F. Wells, Esq. Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY" BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. NO. 10-7296 DAVID E. GLASSER CUMBERLAND COUNTY KITTY M. GLASSER Defendant(s) TO: KITTY M. GLASSER 216 WOLFS BRIDGE ROAD CARLISLE, PA 170I DATE OF NOTICE: THIS FIRM IS A D T COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 252574 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: ( ' h Lawrence, Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 fssa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. PBS # 252574 BAC HOME LOANS SERVICING, LP v. DAVID E. GLASSER KITTY M. GLASSER Plaintiff Defendant(s) TO: DAVID E. GLASSER 711 BLOSERVI LLE ROAD NEWVILLE, PA 172411--9710 DATE OF NOTICE: i _ COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-7296 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST I T. EMPORTANT 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 252574 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By. /?-' ce T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 sa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza 9WWWdil E6 12122 PHS # 252574 BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. NO. 10-7296 DAVID E. GLASSER CUMBERLAND COUNTY KITTY M. GLASSER Defendant(s) TO: KITTY M. GLASSER 711 BLOSERVILLE ROAD NEWVILLE, PA 17241-9710 DATE OF NOTICE: Afqjjj THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPEKI Y.' 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A DARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 252574 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: Lawrence , Phe an, , Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 MIC-h sa J. Scheiner, Esq., Id. No. 308912 -,-'Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza PHS # 252574 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-7296 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A. S/B/M TO BAC HOME LOANS SERVICING, LP Plaintiff (s) From DAVID E. GLASSER AND KITTY M. GLASSER (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$109,763.44 L.L..50 Interest FROM 08/05/2011 TO DATE OF SALE ($18.29 PER DIEM) - $2,286.25 Atty's Comm % Due Prothy $2.00 Atty Paid $289.30 Other Costs Plaintiff Paid Date: September 1, 2011 David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name ALLISON F. WELLS, ESQ. Address: PHELAN HALLINAN & SCHMEIG, LLP, 1617 JFK BOULEVARD, SUITE 1400, ONE PENN CENTER PLAZA, PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BANK OF AMERICA, N.A. SB/M TO BAC HOME LOANS COURT OF COMMON PLEAS SERVICING, LP Plaintiff CIVIL DIVISION v DAVID E. GLASSER KITTY M. GLASSER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 08/05/2011 to Date of Sale ($18.29 per diem) TOTAL NO.: 10-7296 CUMBERLAND COUNTY $109,763.44 $2,286.25 $112,049.69 PhelAn Hallinan & Seg, LLP Allison F. Wells, Esq. Id. No.309519 Note: Please attach description of property. PHS # 252574 Ck ti f_-A 4uq 10 C05- I r5 s ?y A i v /O. D(7 U I 00 J, c,?L.g'9,30 P? A7 N i arT? ? Z r 'n _UM ? _<> o° r-x -?Q < Q = ss• 3 -*? (D ` !1 p X ` z?z OQ ?a W ? a? a Oa O? o° O? ?aU a 04 z a d 0 a w 0 x U O z U d Oa z b ° L V: 3 ° 45 Q O Q? ? O U W '^ w a H V1 ?? (?j j y w PHELAN HALLMAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. S/B/M TO BAC HOME LOANS SERVICING, LP Plaintiff V DAVID E. GLASSER KITTY M. GLASSER Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-7296 : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Phelan a in- _Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff c°, C 3 y rn rrl r- =::'D rn -<D 1 CC r- 2: ---ip <CD -M -n Sa C'* 1 ?C ACS CD. ! --t BANK OF AMERICA, N.A. SB/M TO BAC HOME LOANS SERVICING, LP Plaintiff V. DAVID E. GLASSER KITTY M. GLASSER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-7296 CUMBERLAND COUNTY PHS # 252574 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A. SB/M TO BAC HOME LOANS SERVICING, LP, Plaintiff in the above action by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following i , nformatiotrmonctTing%e real property located at 711 BLOSERVILLE ROAD, NEWVILLE PA 17241-9710 - , . 1. Name and address of Owner(s) or reputed Owner(s): 3 rr.n -M m _ cn ? rn-r - Name Address (if address cannot be reasonably r- i o ? v ascertained, please so indicate) -<= '- Ito DAVID E. GLASSER 711 BLOSERVILLE ROAD z c NEWVILLE, PA 17241-9710 Dc °rz KITTY M. GLASSER 216 WOLFS BRIDGE ROAD x t.? CARLISLE, PA 17015 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) US DEPARTMENT OF HOUSING AND 451 7TH STREET, SOUTHWEST URBAN DEVELOPMENT WASHINGTON, DC 20410 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA DAVID E. GLASSER C/O JANE M. ALEXANDER, ESQUIRE KITTY M. GLASSER C/O JANE ADAMS, ESQUIRE Address (if address cannot be reasonably ascertained, please indicate) 711 BLOSERVILLE ROAD NEWVILLE, PA 17241-9710 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 148 S BALTIMORE STREET DILLSBURG, PA 17019 17 W SOUTH STREET CARLISLE, PA 17013 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.A. § 4904 relating to unsworn falsification to authorities. Date: e/ By. P m ieg, Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff BANK OF AMERICA, N.A. SB/M TO BAC HOME LOANS SERVICING, LP VS. DAVID E. GLASSER KITTY M. GLASSER Defendant(s) : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-7296 : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DAVID E. GLASSER 711 BLOSERVILLE ROAD NEWVILLE, PA 17241-9710 KITTY M. GLASSER 216 WOLFS BRIDGE ROAD CARLISLE, PA 17015 c -? 3 rnW :zm ?r r- :z C-) z C; N cn M i 0 en W ? -rZ rn- m --+c? ?rn u? -r "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710 is scheduled to be sold at the Sheriff's Sale on 12/07/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $109,763.44 obtained by BANK OF AMERICA, N.A. SB/M TO BAC HOME LOANS SERVICING, LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. Plaintiff 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-7296 BANK OF AMERICA, N.A. SB/M TO BAC HOME LOANS SERVICING, LP vs. DAVID E. GLASSER KITTY M. GLASSER owner(s) of property situate in the TOWNSHIP OF UPPER FRANKFORD, Cumberland County, Pennsylvania, being (Municipality) 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710 Parcel No. 43-12-2922-019 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $109,763.44 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon situate in the Village of Bloserville, Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: On the north by a cross street; on the east by an alley; on the south by property now or formerly of Noss; and on the west by Main Street. Having a frontage of sixty-one feet along Main Street and a depth of one hundred ninety feet. Containing forty-two and one-half perches. TITLE TO SAID PREMISES IS VESTED IN David E. Glasser and Kitty M. Glasser, his wife, by Deed from Charles L. Holtry, Jr. and Susan M. Holtry, his wife, dated 08/30/2002, recorded 08/30/2002 in Book 253, Page 1958. PREMISES BEING: 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710 PARCEL NO. 43-12-2922-019 PHELAN HALLINAN & SCHMIEG, LLP PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103-1814 BAC HOME LOANS SERVICING, LP Plaintiff ATTORNEY FOR : COURT OF COMMON PLEAS : CIVIL DIVISION V. DAVID E. GLASSER KITTY M. GLASSER Defendant(s) NO.: 10-7296 rn w C/) zm M CUMBERLANDgiiOUN-' r Y _0a ?D _ o , . r-= <= s+ )>? PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF C) - C) C-*) AND ENTRY OF APPEARANCE' A M TO THE PROTHONOTARY: -? N) Please mark the judgment in the above-captioned matter to the use of BANK OF AMERICA, N.A. S/B/M TO BAC HOME LOANS SERVICING, LP Date: / I y Attorney for Plaintiff PHS # 252574 Jkhe1al0 Hallinan & m?eg, P ? Lawrence Esq., Id. No. 2227 ? Francis S. Hallinan, Esq., Id. No 2695 ? Daniel G. Schmieg, Esq., Id. o. 62205 ? Michele M. Bradford, E W., Id. No. 69849 ? Judith T. Romano, , Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? C ay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 Ir Fr. OdId0- ity P, tt 46610y Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Attorney For Plaintiff Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, LP Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION V. DAVID E. GLASSER KITTY M. GLASSER Defendant(s) : NO.: 10-7296 : CUMBERLAND COUNTY r'..7 o cl W ern rn z rn? x;?v r -0 -Orn ;:0 -? I .-.. C PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINT ? ?° PURSUANT TO Pa.R.C.P.. 2352 d - z>? X Ern TO THE PROTHONOTARY: cn Kindly substitute BANK OF AMERICA, N.A. SBIM TO BAC HOME LOANS SERVICING, LP as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: Plaintiff BAC Home Loans Servicing, LP has merged with and into Bank of America, N.A. under the provisions of the National Bank Act. Bank of America, N.A. is successor by merger to BAC Home Loans Servicing, LP and, as a matter of federal law, is deemed to be the same company as BAC Home Loans Servicing, LP and all rights, franchises, and interests of BAC Home Loans Servicing, LP in and to every type of property (real, personal, and mixed) and choses in action are transferred to and vested in Bank of America, N.A., without any deed or other transfer. Accordingly, the name of the plaintiff has changed to BANK OF AMERICA, N.A. SB/M TO BAC HOME LOANS SERVICING, LP Kindly amend the information on the docket accordingly. Date: By n* _X,mian riallina[ ieg, LLP ,Es q., o. 32227 El Francis S. Hallinan, Esq., Id. No. 2695 ? Daniel G. Schmieg, Esq., Id. No. 6 205 ? Michele M. Bradford, Esq., Id. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua L Goldman, Esq., Id. No. 205047 ? Cour unn, Esq., Id. No. 206779 O-kfison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 PHS # 252574 i r t 0 PHELAN HALLINAN & SCHMIEG, %M t- -'I 17 t" 1" 101: t! Attorney for Plaintiff Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 -.r!1"` B-`RLAND C0U , ` One Penn Center Plaza 1'"E N N Y L4'A N1.1-41 Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A. SUCCESSOR BY CUMBERLAND COUNTY MERGER TO BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS Plaintiff, V. DAVID E. GLASSER KITTY M. GLASSER Defendant(s) CIVIL DIVISION No.: 10-7296 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached reto Exhibit "A" Melissa J. Cantwell, Esquire Date: Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 252574 0 EXHIBIT "A" p f £ 0 L 6 l 3000 d12 Mal 037lvkv "0-7+ ZOd3S p 09`•£Y s 9SZzlzoo0 0 SOH A3WLd r .-- ?? SEP w a O N r O N ai y 'Q d u >y d' v. A a ® 2 A T CO W? c o a c >o Arr ?"F a c R ? ? ap a; a Q r a .,, ° >, dam' E d 'o a AW WW .2,0 0 ?n 00 X? a wW `?' oL?'v? C; ° aN?; p b ^" 'Qi a>i ai°Q ` a V~"?p~Q, w vaA a00+?0,11.4 ao0 a >tn Q0 =1 cn d c ?a,?Ua ?O RU ?? ova aoi?d °Q' a,v?,aa Qua Ax c+. . ? 'a O w w E ? F ?, •v ? „ ?. .. > >, a E „ _ „ V ? E,,, t7 d xw?O?La?'T"p ?wNLaa?i+?ea?°?Lt?7w`? as ?a ro aaQpq?i La?Ad L3._? "ern a F ti3 a a? ..? a? r-- E Z Q E E z i E c. s, vow °' i O oo ?'? F' 0 a .cam cs cc W W v?,? o o ? o a,0 ca +..o..r?va^ooo ca ? ?v r cs - Oa z F1?5n rD 9zU U., U ? I N -k is -K .K * •k U y 'O U N y z Q ~ IN M R M b t- 00 !1? r. N N !; N Pic M W F w G) Q a C7 W A d A a -12"1=I1 TuHa u O y 'r -?o o. ? a o •?E?a 4a.^o ppO 5 O' a m a _ C v ? ? ^ d X _v9oc? w ? o v $ > abi u u N ?•?, .5? o.w o u o d o H u o a ? V o c W O a.- . V N V! u ? l-?w•GF 04 w 0 v ? u o a m ?s ? •u a°a d a0 00 7> V C Y O ? .o ? E a A w o .= F- 0. ? 11:r "- l r I P ry 0 140NO* La'1I ~"' 29 Aid 10: ?S CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg. LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard. Suite 1400 One Penn Center Plaza Philadelphia. PA 19103 215-563-7000 13ANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, I-P Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County v. : DAVID E. GLASSER KITTY M. GLASSER Defendants No.: 10-7296 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff- by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on November 22, 2010. 2. Judgment was entered on August 19, 2011 in the amount of $109,763..44. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 2.52574 which can be calculated from the complaint, i.e. bringing the interest current. However. new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriff s Sale on February 1. 2012. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was tiled and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest: Through February 1, 2012 Per Diem $17.04 Late Charges Legal fees Cost of Suit and Title Property Inspections Property Preservation Mortgage Insurance Premium/ Private Mortgage Insurance Snsnense/Misc. Credits Escrow Deficit TOTAL $80,273.87 $23,329.80 $581.21 $1,300.00 $1,078.00 $266.50 $3.00 $2,237.06 ($14.39) $10,814.84 $119.869.89 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law. Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants,. 8. Plaintiffs foreclosure judgment is in rem only and does not include personal liability. as addressed in Plaintiff s attached brief. 9. In accordance with Cumberland County Local Rule 208.3 )(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 9, 2011 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof. and marked as Exhibit "B". 252574 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan I & Schnneg, LLP DATE: --- By: sick, Esquire ATTOR EY FOR PLAINTIFF 252574 Phelan Hallman & Schmieg, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard. Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, f- P Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County V. No.: 10-7296 DAVID E. GLASSER KITTY M. GLASSER Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE DAVID E. GLASSER and KITTY M. GLASSER executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiurns as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 711 BLOSERVILLE ROAD, NEWVILLE. PA 17241- 9710. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. 252574 In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly. after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date. damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., .Judgments 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958), Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. V. Grillo. 827 A.2d 489 (Pa.Super. 2003). Morgan Gizaran!y Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171,595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117.282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and. in fact. can be expected to change from day to day because the bank must advance sums in order to protect 252574 its collateral. Because a Mortgage lien is not extinguished until the debt is paid. Plaintiff must protect its collateral up until [lie date of sale. Beckman v. Altoona Trust Co.. 332 Pa. 545.2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment. and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157.390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fare insurance premiums, taxes and other assessments relating to the Property. The rnortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 252574 III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in remand does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53. 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio. 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the. Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly :requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding. Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the 252574 outstanding balance due on the loan. If the Property were damaged in a tire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. V1. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fete. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Reams, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. 252574 The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1 144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared. so that the Sheriff s sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property. whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. File Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, as their interests will be divested by the Sheriffs sale. Accordingly. the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the 252574 terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender iruay do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default. for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up. if the property is vacant. if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly.. line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiffs Motion to Reassess Damages. 252574 IX. CONCLUSION "Therefore. Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully :requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance ?NTith the Mortgage. and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phela allin Schmieg, LLP DATE: By: Robert . Cusick, Esquire Attorney for Plaintiff 252574 Exhibit "A" 2525 ;4 P . PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BA.C HOME LOANS SERVICING, LP vs. DAVID E. GLASSER KITTY M. GLASSER Attorney for Plaintiff b ? CUIMBERLAND COUNTY C't t1 fRT OF COMMON PL1j* ,o . x -{a T Zc? CIVIL DIVISION C ) ys o n d No. 10-7296 ? W ;C PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES '1'O THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DAVID E. GLASSER, and KITTY M. GLASSER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint $105,270.35 Interest - 11/18/2010 to 08/04/2011 444, 93.09 TOTAL $109,763,44 I hereby certify that (1) the Defendants' last known addresses are 711 13L.t)SLIVII.b?# , ROAD, NEWVILLE, PA 17241-9710 and 216 WOLFS BRIDGE ROAD 1ft f?Lis, PA ..-? ?17015, and (2) that notice has been given in accordance with Ru . .C.P 237,1.<- Date t 4 0 ..., It?micy for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ? DATE: t °?. r]Is#:52 714 PROTHONOTARY 252574 s t IE-Icilib't 25254 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Sehmieg, LLP Representing Lenders in Pennsylvania and New Jersey December 9, 2011 DAVID E. GLASSER KITTY M. GLASSER 711 BLOSERVILLE ROAD NEWVILLE, PA 17241.9710 DAVID E. GLASSER 861 SCENERY PL HARRISBURG, PA 17109-5324 KITTY" M. GLASSER 216 WOLFS BRIDGE ROAD CARLISLE, PA 17015 RE: BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP v. DAVID E. GLASSER and KITTY M. GLASSER Premises Address: 711 BLOSERVILLE ROAD NEWVILLE, PA 17241 CUMBERLAND County CCP, No. 10-7296 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3 (9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by December 14, 2011. Should you have further questions Otherwise, please be guird-a?Riff y: please do not hesitate to contact me. Very Allison F. Wells, Esq Attorney for Plaintiff Enclosure 252574 a .j N # E u g ? 6 u V a F ? I V G ? ^ 6 3 m ?? E ? ? ? € u z ? m ? f0a. P g ? ? e"5 Q+. E e c R7 "? 75 -H . W o p ? ? 4 e d = z r t' a u go f`{ C? z Q .a 4 { ' +a er ? n n G b t ? r? rv cv -- °°. ? o N m ? ?n o -,r ?n ?o r oo rn Phelan Hallman & Schmieg, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County V. DAVID E. GLASSER KITTY M. GLASSER Defendants No.: 10-7296 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof., were sent to the following individuals on the date indicated below. DAVID E. GLASSER KITTY M. GLASSER 711 BLOSERVILLE ROAD NEWVILLE, PA 17241-9710 KITTY M. GLASSER 216 WOLFS BRIDGE ROAD CARLISLE, PA 17015 DATE: DAVID E. GLASSER 861 SCENERY PL HARRISBURG, PA 17109-5324 Phelan Hal' an & Sc ieg??Z,LP By: Robert . Cusick, Esquire ATTORNEY FOR PLAINTIFF 252574 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP PLAINTIFF V. DAVID E. GLASSER, KITTY M. GLASSER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7296 CIVIL ORDER OF COURT AND NOW, this 5`h day of January, 2012, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before January 26, 2012; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., f Robert W. Cusick, Esquire Attorney for Plaintiff ?David E. Glasser V (Kitty M. Glasser Defendants Cap;e6 maded )/YA bas's 3 try CD l ?C*7? 3 A? c.Zn ? rte- ? ca PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 215-563-7000 FILED-OFFICE C THE PROTHONOTARY 1011 JAN -9 All 9: 31 CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, CUMBERLAND COUNTY LP COURT OF COMMON PLEAS Plaintiff VS. CIVIL DIVISION NO. 10-7296 DAVID E. GLASSER KITTY M. GLASSER Defendants AMENDED MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, DAVID E. GLASSER, by certified mail and regular mail to DAVID E. GLASSER at, 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710 and posting 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710 and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for April 4, 2012. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant, DAVID E. GLASSER, with the Notice of Sale at the mortgaged premises 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710 have been unsuccessful. As indicated by the Affidavit of Service attached hereto as Exhibit "A", no service was made as the property is vacant. 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 5. Plaintiff contacted the Prothontary's Office and as of January 5, 2012, no Judge has previously entered a ruling in this case. 6. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant, DAVID E. GLASSER on December 14, 2011 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff s December 14, 2011 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to DAVID E. GLASSER at, 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241 posting 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241- P Hallin Schmieg, LLP DATE: By: ATTORNEY FOR PLAINTIFF J ?` 'PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff vs. DAVID E. GLASSER KITTY M. GLASSER Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-7296 PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure, Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P., Rule 3129.2 (c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the Notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402 (a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy of the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in the subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, DAVID E. GLASSER, are unknown, a reasonable investigation of his/her last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriff's Return or Affidavit of Service of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs.Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the attached Affidavit of Return of Service, marked hereto as Exhibit "A", the Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to DAVID E. GLASSER at, 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710 and posting 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710. Phel inan & Sc kiCc UP DATE: ATTORNEY FOR PLAINTIFF. ,PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff vs. DAVID E. GLASSER KITTY M. GLASSER Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-7296 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Verification in the above captioned matter was sent by first class mail, postage prepaid to the following interested parties on the date indicated below. DAVID E. GLASSER 711 BLOSERVILLE ROAD NEWVILLE, PA 17241-9710 Phelan Hallinan DATE: ATTORNEY FOR PLAINTIFF Cc: Kitty M. Glasser 9 ,LLP EXHIBIT "A" PLAINTIFF BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, I,P DEFENDANT DAVID E. GLASSER K1717Y M, GLASSER SERVE DAVID E. GLASSER AT: 711 BLOSERVILLF, RD NEWVILLE, PA 17241-9710 PHS # 252574 SEUVST. TAM! Wt. COURT NO., 10-7296 'T'YPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: 12J07/2011 SERVED Served and made kn own to vA VID E. GLASSE Defendant on the __ day of,___ , 20 at , ti clock M., at ,_ ,._ , in the manner described below: - Defendant personally served. Adult family member with whom Defendant(s) reside(s), Relationship is _ Adult in charge of Defendant's residence: who refused to give name or relationship. - Manager/Cltvk of place of lodging in which Defendant(s) reside(s). _ Agent or persan in charge of Defendant's office or usual place of business. an officer of said Defendant's company. -- Other' Description: Agc_.._._..__ Height Weight Racc__ Sex.-.... Other a competent adult, hereby verify that I personally handed a true and correct copy of the Noyce ctf Sheriffs 5de in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above, T understand that this statement is made subject to the penalties of' 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: PRINM.-0 NAME: TIT7 ?' UQ F? RVEP On the ?74- day of'51:Aff'M8IW 20 N, ato'clock Q. M., .Defendant NOT FOUND hu;ause: Vacant Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at Service Refused Other: I ttrtek:rst r ut 1h6 slalement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn +n lr•tI-4(?atrs k ?1.? j?tniltl?? 13Y: _- ?4.I _ PRIN°I ED NAME: _...... ._?tS/t?? ATTORNEY FOR PLAINTIFF Lawrence 9'. Phelan, &sq., id, No, 32227 Fmncis S. Hallinan, Esq,, Id. No. 62695 Daniel G Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id, No. 69849 Judith T, Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq,, Id. No. 87077 Lauren R. Tabus, Esq,, Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew I_ Spivack, Esq., Id. No. 84439 Chrisuvalante P, Pliakos, Esq., ld. No. 94620 Joshua 1. Goldman, Er:q., Id, No. 205047 C:ourtenay R, Dunn, Esq., id. No. 206779 Allison F. Wells, Esq Id. No. 309.519 William E. Miller, R%, Id. No. 308951 AFFIDAVTT OF SERVICE (FNMA) CUMBERLAND COUNTY it EXHIBIT "B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 252574 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: David E. Glasser & Kitty M. Glasser Property Address: 711 Bloserville Road, Newville, PA 17241 Possible Mailing Address: (Kitty M. Glasser) 21.6 Wolf Bridge Road, Carlisle, PA 17013 CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct David E. Glasser - xxx-xx-4754 Kitty M. Glasser - xxx-xx-2355 B. EMPLOYMENT SEARCH David E. Glasser & Kitty M. Glasser - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that David E. Glasser & Kitty M. Glasser reside(s) at: 711 Bloserville Road, Newville, PA 17241. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which indicated that David E. Glasser & Kitty M. Glasser reside(s) at: 711 BloservIIle Road, Newville, PA 17241. On 09-20-11 our office made several telephone calls to the subjects' phone number (717) 776-5985 and received the following information: no answer. B. On 09-20-11 our office made several telephone calls to a possible phone number of the subject(s) (717) 571-5981 and received the following information: answering machine. On 09-20-11 our office made several telephone calls to a possible phone number of the subject(s) (717) 571-5987 and received the following information: no answer. On 09-20-11 our office made a telephone call to a possible phone number of the subject(s) (717) 776- 9935 and received the following information: not in service. (I1.1N('?T?1 Rai' C?1° E?Pt fi 1-1_t?Ot On 09-20-11 our office made several phone calls in an attempt to contact Michael J. Ricker (717) 776-4438,710 Bloserville Road, Newville, PA 17241: answering machine. On 09-20-11 our office made a phone call in an attempt to contact Rick E. Shoemaker (717) 776-6859, 712 Bloserville Road, Newville, PA 17241: not in service. On 09-20-11 our office made several phone calls in an attempt to contact Chad E. Bishop (717) 776-7246,705 Bloserville Road, Newville, PA 17241: no answer. On 09-20-11 our office made a phone call in an attempt to contact Judy A. Herman (717) 249-7384,215 Wolf Bridge Road, Carlisle, PA 17013: spoke with an unidentified female who could not confirm that the subjects reside(s) at 216 Wolf Bridge Road, Carlisle, PA 17013. On 09-20-11 our office made a phone call in an attempt to contact William L. Nailor Jr. (717) 243-2417,217 Wolf Bridge Road, Carlisle, PA 17013: spoke with an unidentified female who could not confirm that the subjects reside(s) at 216 Wolf Bridge Road, Carlisle, PA 17013. On 09-20-11 our office made several phone calls in an attempt to contact James E. Barnhart (717) 243-0331, 209 Wolf Bridge Road, Carlisle, PA 17013: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 09-20-11 we reviewed the National Address database and found the following information: David E. Glasser - 711 Bloserville Road, Newville, PA 17241 & Kitty M. Glasser - 216 Wolf Bridge Road, Carlisle, PA 17013. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: (Kitty M. Glasser) 216 Wolf Bridge Road, Carlisle, PA 17013. V. OTHER INQUIRIES A. DEATH RECORDS As of 09-20-11 Vital Records and all public databases have no death record on file for David E. Glasser & Kitty M. Glasser. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH David E. Glasser -1971 Kitty M. Glasser -1979 B. A.K.A. David Eugene Glasser Kitty Marie Glasser; Kitty E. Glasser; Kitty Marie Weigel * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. The above information is obtained from available public records and we are only liable for the cost of the affidavit. EXHIBIT "C" PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail lily.hainey@fedphe.com Lily Hainey, Ext 1402 Representing Lenders in Pennsylvania and New Jersey December 14, 2011 DAVID E. GLASSER 711 BLOSERVILLE ROAD NEWVILLE, PA 17241-9710 RE: BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP vs DAVID E. GLASSER and KITTY M. GLASSER Premises Address: 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710 Cumberland County, No. odocket 10-7296 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by December 21, 2011. Should you have any further questions or concerns, please do not hesitate to contact rne. Otherwisel please gbided acobrdingly. ..... :_...... w_ _......, Very truly yours, Phelan, Hallinan & Schmieg LLP 10 W yo r r? a? N ? R? b m?? ? a? ?°aQ•r ??? y, b NA v O ?'. r? `C M .y .1 O off. 3 ? b 0 ` c C y i?0 L.. ? O M ~ O rT..? ? .Q° e r7 (per ? • ? ? . ""? " h] 69 f9 a, 8 ?b o8 g E QQ ?.. p' to O ?. d y ? . n ? ? co a o ??ob C?ll ? A ? G o pCp?? ?t a? S ? iE PROTNONOTAR I i AM 9= 5 ! Phelan Hallinan & Schmieg, LLP 2012 JAN x Sheetal R. Shah-Jani, Esq., Id. No.8176TuMBERLANa 00t?'1TORNEY FOR PLAINTIFF 1617 JFK Boulevard Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. AS SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP Civil Division Plaintiff CUMBERLAND County vs. No.: 10-7296 DAVID E. GLASSER KITTY M. GLASSER Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 5, 2012 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. DAVID E. GLASSER KITTY M. GLASSER 711 BLOSERVILLE ROAD NEWVILLE, PA 17241-9710 KITTY M. GLASSER 216 WOLFS BRIDGE ROAD CARLISLE, PA 17015 DAVID E. GLASSER 861 SCENERY PL HARRISBURG, PA 17109-5324 Phelan Hallina mieg, LLP DATE: By: Sheetal R. Shah-J ni, Esq 're Attorney for Plainti 252574 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff VS. DAVID E. GLASSER KITTY M. GLASSER Defendants ORDER CIVIL DIVISION NO. 10-7296 AND NOW, this day of 1 201, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant DAVID E. GLASSER by: ? ?A?? REGULAR MAIL TO, DAVID E. GLASSER at, 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710 0 M IA, CERTIFIED MAIL TO, DAVID E. GLASSER at, 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710 ? t%11, POSTING 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710 PUBLICATION IN ACCORDANCE WITH PA. R.C.P. 430 BY THE COURT: PHS # 252574 CC PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 (x PY m: l ed I I j l a )Oz z-, E. GLASSER, and KITTY M. GLASSER 711 BLOSERVILLE ROAD, NEWVILLE, PA 17 ? c :. J - ^? - -?_ :M "L ) U14 -- 7 ?.w,? Y po ? ' C--) a 241-9710 ---?- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A. AS SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP Civil Division Plaintiff CUMBERLAND County vs. r., No.: 10-7296 DAVID E. GLASSER ±, - KITTY M. GLASSER Defendants c -? - t? ORDER AND NOW, this day oft, , 2012, upon consideration of PlaintiMs =- z Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through February 1, 2012 Per Diem $17.04 Late Charges Legal fees Cost of Suit and Title Property Inspections Property Preservation Mortgage Insurance Premium/ Private Mortgage Insurance Suspense/Misc. Credits Escrow Deficit TOTAL $80,273.87 $23,329.80 $581.21 $1,300.00 $1,078.00 $266.50 $3.00 $2,237.06 ($14.39) $10,814.84 $119,869.89 Plus interest from February 1, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. /1)14.son Wills, '? ?.?-i m .Gfass« U;d 4 k, Gl?ssr? bavid G%assr'( COP; es me,. l-ed of 911a BY THE COURT: J. 252574 P?_/ 1 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff vs. DAVID E. GLASSER KITTY M. GLASSER Defendants M ?? - a ' ? °? t c n ? ?? > 4 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-7296 AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to DAVID E. GLASSER on 1/20/2012 at 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710 in accordance with the Order of Court dated 1/11/2012. The property was posted on 1/27/2012. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. DATE: & Schmieg, LLP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK.-OF AMERICA, N.A. SUCCESSOR BY NIE-RGER TO BAC HOME LOANS SERVICING, LP Plaintiff vs. DAVID E. GLASSER KITTY M. GLASSER Defendants ORDER CIVIL DIVISION NO. 10-7296 AND NOW, this day of 201), after .1?41 17 consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant DAVID E. GLASSER by: NLG REGULAR MAIL TO, DAVID E. GLASSER at, 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710 r01- CERTIFIED MAIL TO, DAVID E. GLASSER at, 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710 i/ ALL POSTING 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710 PUBLICATION IN ACCORDANCE WITH PA. R.C.P. 430 BY THE COURT: J. PHS # 252574 c _ `1 --? MM -n cn = CC PHEI:,AN HALLINAN & SCHMIEG, LLP x? i - 1617 JFK Boulevard, Suite 1400 L D Philadelphia, PA 19103 ?s DAVID E. GLASSER, and KITTY M. GLASSER ?=-,° 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710 w M? W `? Z c.n A w N ?-. p oo J O? to A w N O. co C ?? b z?y C z ? wQ. C r?? a o tv ? t. CrJ +n o. a ? ?M, N ? C /? A O ? O O Cl 0 a S R ro 1 0 7a c R crc 4 `?PttS F'OSl o F vo ? N PITNfY gOWf-_S r' 0 2 ,m $ 01.260 0004277256 JAN 20 2012 MAILED FROM ZIP CODE 1 91 03 m O ? C. ? R ay ? 2 p R G ? 0 x Y biz Y W= z C Q° R ? 9 O ,? tl7 a O O 7178 2417 6099 0091 4685 LXE / 252574 RESTRICTED DELIVERY DAVID E. GLASSER 711 BLOSERVILLE ROAD NEWVILLE, PA 17241-9710 --fold here (regular) -- fold here (6x9) --fold here (regular) Lily Hainey From: U.S._Postal _Service _ [U.S._Postal_Service@usps.com] Sent: Thursday, March 15, 2012 9:54 PM To: Lily Hainey Subject: U.S. Postal Service Track & Confirm email Restoration - 7178 2417 6099 0091 4685 This is a post-only message. Please do not respond. lily hainey has requested that you receive this restoration information for Track & Confirm as listed below. Current Track & Confirm e-mail information provided by the U.S. Postal Service. Label Number: 7178 2417 6099 0091 4685 Service Type: Certified Mail(TM) Shipment Activity Location Date & Time -------------------------------------------------------------------------------- Unclaimed NEWVILLE PA 02/08/12 3:31pm Notice Left NEWVILLE PA 17241 01/23/12 12:01pm Arrival at Unit Processed through USPS Sort Facility Dispatched to Sort Facility Acceptance Electronic Shipping Info Received NEWVILLE PA 17241 HARRISBURG PA 17107 PHILADELPHIA PA 19104 PHILADELPHIA PA 19102 01/23/12 8:37am 01/22/12 9:14pm 01/20/12 5:48pm 01/20/12 5:40pm 01/19/12 USPS has not verified the validity of any email addresses submitted via its online Track & Confirm tool. For more information, or if you have additional questions on Track & Confirm services and features, please visit the Frequently Asked Questions (FAQs) section of our Track & Confirm site at http://www.usps.com/shipping/trackandconfirmfags.htm 1 PLAINTIFF BANK OF AMERICA, N.A. SUCCI?SSOR BY MERGER TO BAC HOME LOANS SERVICING, LP DEFENDANT DAVID E. GLASSER KITTY M. GLASSER SERVE DAVID E. GLASSER AT: TYPE OF ACTION 711 BLOSERVILLE ROAD XX Notice of Sheriff's Sale NEWVILLE, PA 17241-9710 SALE DATE: April 4, 2012 **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED Served and made known to DAVID E. GLASSER, Defendant on the o 7 nay of 1 NU 20 12:, at o'cltx,k M., at '111 [Ji.D,!,£RVI U.$ RDA N6w yLu- 0 in the manner described below: - Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: _ oST?n P Ro PF,21: - Description: Age q A Height Weight Race Sex Other I, yl.'_1t,Q Mb Lc, , a competent adult, hereby verify that I personal( a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: ou"ti'l k PRINTED NAME: RO N 4-t-b t ` tJ u- TITLE: PP.0s 5'?-v F2 NOT SERVED On the day of , 20_, at o'clock _. M., Defendant NOT FOUND because: - Vacant - Does Not Exist _ Moved - Does Not Reside (Not Vacant) No Answer on at Service Refused PHS # 252574 SERVICE TEAM/ Ixh COURT NO.: 10-7296 at Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 ?a AFFIDAVIT OF SERVICE (FNMA) CUMBERLAND COUNTY SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor t ?P 1211AY21 PM 2: So ` JM3ERLA;k4j Cj)L k? ' Tr, ,?'14SYLVAPilA BAC Home Loans Servicing, LP vs. David E. Glasser (et al.) Case Number 2010-7296 SHERIFF'S RETURN OF SERVICE 09/30/2011 03:12 PM - Deputy Stephen Bender, being duly sworn 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 LEONARD SMITH HUSBAND who accepted as "Adult Person in Charge" for Kitty M. Glasser at 216 Wolfs Bridge Road, Carlisle, Pa., Carlisle, PA 17013, Cumberland County. 10/11/2011 11:07 AM - Deputy William 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 711 Blosserville Road, Newville, PA 17241, Cumberland County. 10/11/2011 11:08 AM - Ronny R Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: David E. Glasser, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 711 Bloserville Road, Upper Frankford Township, Newville, PA 17241, address is vacant, defendant did not leave a forwarding address. 10/19/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/1/2012 01/09/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/4/2012 04/04/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, PA on April 4, 2012 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Bank of America, N/A, S/B/M to BAC Home Loans Servicing, LP, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $841.94 SO ANSWERS, 1 "" , ,R? Z' ?/ May 21, 2012 R-ONINW R ANDERSON, SHERIFF 74- 7s 7 S S S, ..? t.nun _ 5? tom: 3ne E e.: ,.>oft ?,^c f BANK OF AMERICA, N.A. SB/M TO BAC HOME -LOANS SERVICING; LP Plaintiff V. DAVID E. GLASSER KITTY M. GLASSER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-7296 CUMBERLAND COUNTY PHS # 252574 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A. SB/M TO BAC HOME LOANS SERVICING, LP, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710. 1. 2. 3. 4. 5 Name and address of Owner(s) or reputed Owner(s): Name DAVID E. GLASSER KITTY M. GLASSER Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 711 BLOSERVILLE ROAD NEWVILLE, PA 17241-9710 216 WOLFS BRIDGE ROAD CARLISLE, PA 17015 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) US DEPARTMENT OF HOUSING AND 451 7TH STREET, SOUTHWEST URBAN DEVELOPMENT WASHINGTON, DC 20410 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. --6 : - - Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA DAVID E. GLASSER C/O JANE M. ALEXANDER, ESQUIRE KITTY M. GLASSER C/O JANE ADAMS, ESQUIRE 711 BLOSERVILLE ROAD NEWVILLE, PA 17241-9710 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 148 S BALTIMORE STREET DILLSBURG, PA 17019 17 W SOUTH STREET CARLISLE, PA 17013 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 of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff 81 :8 V ?- d3S iloz ,a BANK OF AMERICA, N.A. SB/M TO BAC HOME LOANS COURT OF COMMON PLEAS SERVICING, LP : CIVIL DIVISION Plaintiff : : NO.: 10-7296 VS. DAVID E. GLASSER KITTY M. GLASSER : CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DAVID E. GLASSER 711 BLOSERVILLE ROAD NEWVILLE, PA 17241-9710 KITTY M. GLASSER 216 WOLFS BRIDGE ROAD CARLISLE, PA 17015 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710 is scheduled to be sold at the Sheriff's Sale on 12/07/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $109,763.44 obtained by BANK OF AMERICA, N.A. S/B/M TO BAC HOME LOANS SERVICING, LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the "sale if the bid 'pncervwas grossly inadequate compared' to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-7296 BANK OF AMERICA, N.A. S/B/M TO BAC HOME LOANS SERVICING, LP vs. DAVID E. GLASSER KITTY M. GLASSER owner(s) of property situate in the TOWNSHIP OF UPPER FRANKFORD, Cumberland County, Pennsylvania, being (Municipality) 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710 Parcel No. 43-12-2922-019 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $109,763.44 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon situate in the Village of Bloserville, Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: On the north by a cross street; on the east by an alley; on the south by property now or formerly of Noss; and on the west by Main Street. Having a frontage of sixty-one feet along Main Street and a depth of one hundred ninety feet. Containing forty-two and one-half perches. TITLE TO SAID PREMISES IS VESTED IN David E. Glasser and Kitty M. Glasser, his wife, by Deed from Charles L. Holtry, Jr. and Susan M. Holtry, his wife, dated 08/30/2002, recorded 08/30/2002 in Book 253, Page 1958. PREMISES BEING: 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710 PARCEL NO. 43-12-2922-019 81 :8 V Z - d3S HOZ 33i?3HS r'. `'' `- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-7296 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A. SB/M TO BAC HOME LOANS SERVICING, LP Plaintiff (s) From DAVID E. GLASSER AND KITTY M. GLASSER (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$109,763.44 L.K.50 Interest FROM 08/05/2011 TO DATE OF SALE ($18.29 PER DIEM) - $2,286.25 Atty's Comm % Atty Paid $289.30 Plaintiff Paid Date: September 1, 2011 (Seal) Due Prothy $2.00 Other Costs /-- -? a17a'vid D. Buell, Prothonotary B: Deputy REQUESTING PARTY: Name ALLISON F. WELLS, ESQ. Address: PHELAN HALLINAN & SCHMEIG, LLP, 1617 JFK BOULEVARD, SUITE 1400, ONE PENN CENTER PLAZA, PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 TRUE CO" FROM RECORD in Toe*nwW wherW, I two wNo ad my hwd and ft ago of W M tot a$ 0w6 ft !? On September 2, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Upper Frankford Township, Cumberland County, PA, Known and numbered as, 711 Blosserville Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date September 2, 2011 By: Real Estate Coordinator b "Km Me Wau er?l l .icrwrsa?tw ?ncx??: ? t# 81 :8 d Z- d 3s i 1oz ?F? 6f\ L U 33183NS) l.a : s CUMBERLAND LAW JOURNAL Writ No. 2010-7296 Civil BAC Home Loans Servicing, LP vs. David E. Glasser Kitty M. Glasser Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-7296. BANK OF AMERI- CA, N.A. s/b/m TO BAC HOME LOANS SERVICING, LP vs. DAVID E. GLASSER, KITTY M. GLASSER owner(s) of property situate in the TOWNSHIP OF UPPER FRANKFORD, Cumberland County, Pennsylvania, being 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710. Parcel No. 43-12-2922-019. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $109,- 763.44. 41 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 21, October 28, and November 4, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. 01sa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 4 a of November, 2011 1 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mortgage Association is the grantee the same having been sold to said grantee on the 4 day of April A.D., 2012, under and by virtue of a writ Execution issued on the 1 day of September, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 7296, at the suit of Bank of America N .A. SB/M to BAC Home Loans Servicing, LP against David E. Glasser and Kitty M. Glasser is duly recorded as Instrument Number 201215088. IN TESTIMONY WHEREOF, I have hereunto set my hand 1 14 and seal of said office this ?) l 11?67 day of The Patriot-News Co. 202 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFF`. OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Z4t Patr1*otAvXews 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 according to law.. deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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, 1949 respectively, and all have been continuously published ever since, That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ 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 of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Ou. aforesaid by virtue and pursuant lu a resolution unanimousiy passed and adopted severaliy-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: 10/21/11 2010-7296 Civil Term 10/28/11 BACIHome Loans Servicing, LP vs 11!04/11 David E. Glasser Kitty M. Glasser Att : D II ? y anlel Schmieg .. ... 1, . _ _. 1. r. By virtue of a Writ of Execution NO. 10- 7296 BANK OF AMERICA, N.A. S/B/M TO BAC HOME LOANS SERVIC Sworn to and subscribed before thisay.of November, 2011 A.D. ING, LP vs. DAVID E. GLASSER / KITTY M. GLASSER ?- owner(s) of property situate in the Notary Public TOWNSHIP OF UPPER FRANKFORD . Cumberland County, Pennsylvania, being (Muni ip aR SER 711 B VILLE ROAD COMMONWEALTH OF PENNSYLVANIA , NE LLE, PA 17241-9710 Notarial Seal Parcel o.43-12-2922-019 Sherrie L Owens, Notary Pubhc (Acrea or street address) Lower Paxton Twp., Dauphin County Improvements thereon: RESIDENTIAL My Commission Expires Nov. 26, 2015 DWELLING MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES JUDGMENT AMOUNT: $109,763.44 • Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ?4?e1t'a t?CLat?r,Lz - jL.,Lk l r"IMSERLAiNo COL11iT', PE.,Y4SYLVAtd1A BAC Home Loans Servicing, LP vs. David E. Glasser (et al.) Case Number 2010-7296 SHERIFF'S RETURN OF SERVICE 09/30/2011 03:12 PM - Deputy Stephen Bender, being duly sworn 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 LEONARD SMITH HUSBAND who accepted as "Adult Person in Charge" for Kitty M. Glasser at 216 Wolfs Bridge Road, Carlisle, Pa., Carlisle, PA 17013, Cumberland County. 10/11/2011 11:07 AM - Deputy William 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 711 Blosserville Road, Newville, PA 17241, Cumberland County. 10/11/2011 11:08 AM - Ronny R Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: David E. Glasser, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 711 Bloserville Road, Upper Frankford Township, Newville, PA 17241, address is vacant, defendant did not leave a forwarding address. 10/19/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/1/2012 01/09/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/4/2012 04/04/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, PA on April 4, 2012 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Bank of America, N/A, S/B/M to BAC Home Loans Servicing, LP, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $841.94 SO ANSWERS, May 21, 2012 RON R ANDERSON, SHERIFF 4, i s ?s.? . Counry5uite.. Sheet. 7eiec;,=,o`t. i.:,.,; f BANK OF AMERICA, N.A. SB/M TO BAC HOME ANS SERVICING, LP Plaintiff V. DAVID E. GLASSER KITTY M. GLASSER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-7296 CUMBERLAND COUNTY PHS # 252574 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A. S/B/M TO BAC HOME LOANS SERVICING, LP, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710. 1 2. 3. 4. 5 Name and address of Owner(s) or reputed Owner(s): Name DAVID E. GLASSER KITTY M. GLASSER Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 711 BLOSERVILLE ROAD NEWVILLE, PA 17241-9710 216 WOLFS BRIDGE ROAD CARLISLE, PA 17015 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) US DEPARTMENT OF HOUSING AND 451 7TH STREET, SOUTHWEST URBAN DEVELOPMENT WASHINGTON, DC 20410 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 711 BLOSERVILLE ROAD NEWVILLE, PA 17241-9710 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 DAVID E. GLASSER 148 S BALTIMORE STREET C/O JANE M. ALEXANDER, ESQUIRE DILLSBURG, PA 17019 KITTY M. GLASSER 17 W SOUTH STREET C/O JANE ADAMS, ESQUIRE CARLISLE, PA 17013 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 of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Ot?411 Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff 81 :8 `7 Z - d3S IIQZ Vd`r .;, jiI??NS ?._ _ BANK OF AMERICA, N.A. SB/M TO BAC HOME LOANS COURT OF COMMON PLEAS SERVICING, LP VS. DAVID E. GLASSER KITTY M. GLASSER Plaintiff Defendant(s) : CIVIL DIVISION : NO.: 10-7296 : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DAVID E. GLASSER 711 BLOSERVILLE ROAD NEWVILLE, PA 17241-9710 KITTY M. GLASSER 216 WOLFS BRIDGE ROAD CARLISLE, PA 17015 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710 is scheduled to be sold at the Sheriffs Sale on 12/07/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $109,763.44 obtained by BANK OF AMERICA, N.A. SB/M TO BAC HOME LOANS SERVICING, LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid priee"-as-grossly inadequate 'eompdried to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-7296 BANK OF AMERICA, N.A. S/B/M TO BAC HOME LOANS SERVICING, LP vs. DAVID E. GLASSER KITTY M. GLASSER owner(s) of property situate in the TOWNSHIP OF UPPER FRANKFORD, Cumberland County, Pennsylvania, being (Municipality) 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710 Parcel No. 43-12-2922-019 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $109,763.44 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon situate in the Village of Bloserville, Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: On the north by a cross street; on the east by an alley; on the south by property now or formerly of Noss; and on the west by Main Street. Having a frontage of sixty-one feet along Main Street and a depth of one hundred ninety feet. Containing forty-two and one-half perches. TITLE TO SAID PREMISES IS VESTED IN David E. Glasser and Kitty M. Glasser, his wife, by Deed from Charles L. Holtry, Jr. and Susan M. Holtry, his wife, dated 08/30/2002, recorded 08/30/2002 in Book 253, Page 1958. PREMISES BEING: 711 BLOSERVILLE ROAD, NEWVH LE, PA 17241-9710 PARCEL NO. 43-12-2922-019 8 f :3 V Z - d3S HOZ 331?3HS 3H.;..C: i WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-7296 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A. S/B/M TO BAC HOME LOANS SERVICING, LP Plaintiff (s) From DAVID E. GLASSER AND KITTY M. GLASSER (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$109,763.44 LA50 Interest FROM 08/05/2011 TO DATE OF SALE ($18.29 PER DIEM) - $2,286.25 Atty's Comm % Atty Paid $289.30 Due Prothy $2.00 Other Costs Plaintiff Paid Date: September 1, 2011 (Seal) avid D. Buell, Prothonotary B: Deputy REQUESTING PARTY: Name ALLISON F. WELLS, ESQ. Address: PHELAN HALLINAN & SCHMEIG, LLP, 1617 JFK BOULEVARD, SUITE 1400, ONE PENN CENTER PLAZA, PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 TRUE COPY FROM RECORD In TestkywW whwed, I halo unlo ad my hMN wwoop ld ?C?taI P On September 2, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Upper Frankford Township, Cumberland County, PA, Known and numbered as, 711 Blosserville Road, Newville, more fully described on Exhibit "A" filed with this writ and by this 'Feference incorporated herein. Date September 2, 2011 By: 47A Real Estate Coordinator 091003.9 MOM YqCw-.,) 11?%,IT bran wn w vinu 9t4A i ,tc?ar+ r i?ttec rti , 1 A AR *~to two was to b" so two 'ZI?'?, 8 I .8 V L- d is 66z CUMBERLAND LAW JOURNAL Writ No. 2010-7296 Civil BAC Home Loans Servicing, LP vs. David E. Glasser Kitty M. Glasser Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-7296. BANK OF AMERI- CA, N.A. s/b/m TO BAC HOME LOANS SERVICING, LP vs. DAVID E. GLASSER, KITTY M. GLASSER owner(s) of property situate in the TOWNSHIP OF UPPER FRANKFORD, Cumberland County, Pennsylvania, being 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241-9710. Parcel No. 43-12-2922-019. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $109,- 763.44. 41 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 21, October 28, and November 4, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ; ??- (.4,4 ' - . Y F sa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 4 a of November, 2011 Notary NOTARIAL SEAL A COLLINS LDEBORAH Notary Public OROUGH, CUMBERLAND COUNTY mission Expires Apr 28, 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mortgage Association is the grantee the same having been sold to said grantee on the 4 day of April A.D., 2012, under and by virtue of a writ Execution issued on the 1 day of September, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 7296, at the suit of Bank of America, N.A. S/B/M to BAC Home Loans Servicing, LP against David E. Glasser and Kitty M. Glasser is duly recorded as Instrument Number 201215088. IN TESTIMONY WHEREOF, I have hereunto set my hand 1 n4 and seal of said office this C2 day of The Patriot-News Co. 202n Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFI=S OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ZhePatriot-hews 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 according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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, 1949 respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ 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 of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Cu. aforesaid by virtue and pursuant to a resolution unanimously passed an6 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: 10/21111 12010-7296 Civil Term 10/28/11 BA 'I ]ome Loans Servicing, LP vs 11/04/11 David E. Glasser Kitty M. Glasser ll f ' Atty: Daniel Schmieg y. ?..1_ ..!. By virtue of a Writ of Execution No. 10- 7296 BANK OF AMERICA, N.A. S/B/MTo Sworn to and subscribed before this { day.of November, 2011 A.D. BAC HOME LOANS SERVICING, LP l J VS. DAVID E. GLASSER KITTY M. GLASSER --- owner(s)ofproperty situate in the Notary Public TOWNSHIP OF UPPER FRANKFORD. Cumberland County, Pennsylvania, being (MJBSERVILLE COMMONWEALTH OF PENNSYLVANIA 711 ROAD, NE LLE, PA 17241-9710 Notarial Seal Par. 43-12.2922-019 Sherrie L Owens, Notary Pubflc (Acor street address) Lower Paxton Twp., Dauphin County Improvements thereon: RESIDENTIAL My Commission Expires Nov. 26, 2015 DWELLING "EMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES JUDGMENT AMOUNT: $109,763.44