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HomeMy WebLinkAbout10-7298Phelan Hallinan &Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 ~4~~~_O~~fC~ Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ~~ ~~~ Pf~OTH~J~dO~t'~2'{ Michele M. Bradford, Esq., Id. No. 69849 2~!(~ ~~~( 22 f~~ ~~ 32 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ~~~B~~I.Q~~ {/Q~~~`;~ Jenine R. Davey, Esq., Id. No. 87077 PE~NSYLVAE~IA 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 252886 BAC HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff v. ROGER T. RUSE 711 SHERWOOD ROAD NEW CUMBERLAND, PA 17070-1449 Defendant File #: 252886 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Io'~~ CUMBERLAND COUNTY -~ 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 #: 252886 1. Plaintiff is BAC HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: ROGER T. RUSE 711 SHERWOOD ROAD NEW CUMBERLAND, PA 17070-1449 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/24/2007 ROGER T. RUSE and ANGELA P. RUSE made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COUNTRYWIDE BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1991, Page 997. 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 11 /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 #: 252886 6. The following amounts are due on the mortgage: Principal Balance Interest 10/01 /2008 through 11 / 16/2010 (Per Diem $19.4559) Attorney's Fees Late Charges through 11/16/2010 Costs of Suit and Title Search Escrow Deficit Subtotal Suspense Credit TOTAL 7. 8 9 $114,353.41 $15,117.23 $650.00 $816.04 $550.00 $4,05. 9.2~ $135,545.91 f 151 _RRl $135,394.03 Plaintiff is nat seeking a judgment of personal liability (or an in pers~nam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 91 of 1983 because the mortgage is more than twenty-four (24) months in arrears. File #: 252886 10. Plaintiff hereby releases ANGELA P. RUSE, from liability for the debt secured by the mortgage. WHEREFORE, Plaintiff demands an in r~.m judgment against the Defendant(s) in the sum of $135,394.03, together with interest from 11/16/2010 at the rate of $19.4559 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. P AN HALLI AN & MIEG, LLP By: ^ Lawrence T. Phelan, sq., Id. No. 32227 ^ F ancis S. Hallinan, Esq., Id. No. 62695 ^ aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ 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 Attorneys for Plaintiff File #: 252886 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of New Cumberland in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northerly line of Sherwood Road, 338.58 feet measured southwestwardly along Sherwood Road from the northwest corner of Sherwood Road and Brandt Avenue; thence northwestwardly along the westerly line of Lot No. 28, Block'A' on the hereinafter mentioned plan 135.03 feet to a point on line of lands now or formerly of Don Hench; thence by same southwestwardly 60 feet to a point; thence along the easterly line of Lot No. 26, Block 'A' southeastwardly 135.27 feet to a point on the northerly line of Sherwood Road; thence along Sherwood Road northeastwardly 21.65 feet to a point; thence along Sherwood Road by a curve to the left having a radius of 25 feet an arc distance of 14.08 feet to a point; thence continuing northeastwardly along Sherwood Road 26.35 feet to a point, the place of Beginning. BEING Lot No.27 Block 'A' on the Plan of Lots of Highland Park Extension which plan is recorded in the Cumberland County Recorder's Office in Plan Book 5, Page 59. PROPERTY ADDRESS: 711 SHERWOOD ROAD, NEW CUMBERLAND, PA 17070- 1449 PARCEL # 26-23-0543-196 File #: 252886 .• 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. n ttorney for P ai tiff DATE: ~ ~ w File #: 252886 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY BAC Home Loans Servicing, LP vs. Roger T. Ruse d FILED-OFFICE OF THE PROTHONOTAR 20 10 DEC 10 PM I*- ? 4 CUMBERLAND COUNTY PENNSYLVANIA Case Number 2010-7298 SHERIFF'S RETURN OF SERVICE 12/03/2010 05:17 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on December 3, 2010 at 1717 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Roger T. Ruse, by making known unto himself personally, at 711 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. RYAN BURGETT, D SHERIFF COST: $43.30 December 08, 2010 SO ANSWERS, RON r R ANDERSON, SHERIFF r,! CcAm*vSua, She; +f, To. ec:so't Inc. ED-OFFICF PR iH PHELAN HALLINAN & SCHMIEG, LLP'W'Y § ROTNONOTAAttorney for Plaintiff Melissa Scheiner, Esq., Id. No.308912 n 0 A.UG 23 APB 10 3g 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA 215-563-7000 BAC HOME LOANS SERVICING, L.P. VS. ROGER T. RUSE : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 2010-7298 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 ROGER T. RUSE, 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 Plaintiff s damages as follows: As set forth in Complaint $135,394.03 Interest - 11/17/2010 to 08/19/2011 $5,369.83 TOTAL $140,763.86 I hereby certify that (1) the Defendant's last known address is 711 SHERWOOD ROAD, NEW CUMBERLAND, PA 17070-1449, and (2) that notice has been g' en in accordance with Rule Pa.R.C.P 237.1. Date Melissa Scheiner, Es uire am *14 obPdo? Attorney for Plaintiff CIS I+ l 161143 DAMAGES ARE HEREBY ASSESSED AS INDICATE.??93V1$ DATE: MQ?+ ? C PHS # 252886 252886 PHELAN HALLINAN & SCHMIEG, LLP Melissa Scheiner, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for :Plaintiff BAC HOME LOANS SERVICING, L.P. VS. ROGER T. RUSE : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 2010-7298 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 ROGER T. RUSE is over 18 years of age and resides at 711 SHERWOOD ROAD, NEW CUMBERLAND, PA 17070-1449. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date dlaw ?/ __/ Melissa cheiner, Esquire Attorney for Plaintiff 252886 (Rule of Civil Procedure No. 236) - Revised BAC HOME LOANS SERVICING, L.P. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS ROGER T. RUSE CIVIL DIVISION No. 2010-7298 Notice is given that a Judgment in the above captioned matter has been entered against you on By: If you have any questions concerning this matter please contact: Melissa Scheiner, Esquire 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 HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIEN AGAINST PROPERTY. ** BAC HOME LOANS SERVICING, L.P. COURT OF COMMON PLEAS CIVIL DIVISON V. ROGER T. RUSE Plaintiff Defendant(s) TO: ROGER T. RUSE 711 SHERWOOD ROAD NEW CUMBERLAND, PA 17070-1449 DATE OF NOTICE: August 8, 2011 NO. 2010-7298 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. HVIPORTANT 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 # 252886 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PHS # 252886 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AA141 'A By: is e e . rad o Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-7298 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. Plaintiff (s) From ROGER T. RUSE (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: $140,763.86 L. L.: - >. $o Interest from 8/22/2011 to Date of Sale ($23.46 per diem) -04,'75. t. Atty's Comm: % Due Prothy: $2.00 Arty Paid: $175.80 Plaintiff Paid: Date: 12/V2611 Other Costs: 1 avid D. Buell, Proth notary By: (Seal) Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 HK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC COURT OF COMMON PLEAS HOME LOANS SERVICING, LP Plaintiff CIVIL DIVISION v ROGER T. RUSE Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 08/22/2011 to Date of Sale ($23.46 per diem) TOTAL Note: Please attach description of property. PHS # 252886 a alt'A %ay a J-13. 3c) . 9?2 .GCS - • '? . a.s? .Sv - `? 175 NO.: 2010-7298 CUMBERLAND COUNTY $140,763.86 $4,715.46 tz' C-3 .. 2 +-7 C_ -- $145,479.32 -- -' Phelan Hallinan & Sch 'eg, LLP Daniel G. Schmieg, Esq., Id. No.62205 Attorney for Plaintiff '?SLZ.-co pLU Cw. %. SOL-L- OAC 'if 1133aUL1 ?44 X>97 a a v U ? ?a E? W '"'` O p t w? m?j. V U o Q a ? O o .? d 4t'?W d ? ?` bA •a ? a aQ '? U LEGAL, DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of New Cumberland in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northerly line of Sherwood Road, 338.58 feet measured southwestwardly along Sherwood Road from the northwest corner of Sherwood Road and Brandt Avenue; thence northwestwardty along the westerly line of Lot No. 28, Block 'A' on the hereinafter mentioned plan 13 5.03 feet to a point on line of lands now or formerly of Don Hench; thence by same southwestwardly 60 feet to a point; thence along the easterly line of Lot No. 26, Block 'A' southeastwardly 135.27 feet to a point on the northerly line of Sherwood Road; thence along Sherwood Road northeastwardly 21.65 feet to a point; thence along Sherwood Road by a curve to the left having a radius of 25 feet an are distance of 14.08 feet to a point; thence continuing northeastwardly along Sherwood Road 26.35 feet to a point, the place of Beginning. BEING Lot No.27 Block'A' on the Plan of Lots of Highland Park Extension which plan is recorded in the Cumberland County Recorder's Office in Plan Book 5, Page 59. TITLE TO SAID PREMISES IS VESTED IN Roger T. Ruse, husband, by Deed from Roger T. Ruse and Angcla P. Ruse, h/w, dated 05/22/2009, recorded 05/26/2009 in Instrument Number 200917224. PREMISES BEING: 711 SHERWOOD ROAD, NEW CUMBERLAND, PA 17070-1449 PARCEL NO. 26-23-0543-196 PHELAN HALLINAN & SCHMIEG, LLP Daniel G. Schmieg, Esq., Id. No.62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza i`f? 1 i Philadelphia, PA 19103 . 215-563-7000 BANK OF AMERICA, N.A. AS SUCCESSOR i Mft BAC HOME LOANS SERVICING, LP Plaintiff v ROGER T. RUSE Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2010-7298 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. BY'? -- Phelan Hal man & Schmieg, LLP - Daniel G. Schmieg, Esq., Id. No.62205 Attorney for Plaintiff BANK O+'AMERICA, N.A. AS SUCCESSOR BY COURT OF COMMON PLEAS MER ER TO BAC HOME LOANS SERVICING, LP Plaintiff CIVIL DIVISION v. y t rT,.e ??; f'qO.• 2010-7298 ROGER T. RUSE Defendant(s) f CUMBERLAND COUNTY PHS # 252886 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER 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 SHERWOOD ROAD, NEW CUMBERLAND, PA 17070-1449. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ROGER T. RUSE 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 711 SHERWOOD ROAD NEW CUMBERLAND, PA 17070-1449 Address (if address cannot be reasonably ascertained, please so indicate) 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 so 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) MERS AS A NOMINEE FOR COUNTRYWIDE P.O. BOX 2026 BANK, FSB FLINT, MI 48501-2026 COUNTRYWIDE BANK, FSB 1199 N FAIRFAX ST STE 500 ALEXANDRIA, VA 22314-1453 COUNTRYWIDE BANK, FSB 6100 OAKTREE BLVD., STE #310 C/O COUNTRYWIDE HOME LOANS, INC. INDEPENDENCE, OH 44131 ATTN: LAURA FINLEY COUNTRYWIDE BANK, FSB SERVICELINK DIVISION C/O CHICAGO TITLE 4000 INDUSTRIAL BLVD ALIQUIPPA, PA 15001 HERS, INC. FORMALLY 3300 CSNN' 34TH AVENUE, OCAI,A, FL 34471 AS OF 12/6/10 1901 E. VORHEESE ST, SUITE C DANVILLE, IL 61834 5. 0 Name and address of every other person who has any record lien on the property: itlame 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 None. Address (if address cannot be reasonably ascertained, please so indicate) 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 so indicate) TENANT/OCCUPANT ANGELA P. RUSE BANK OF AMERICA, N.A. MERS AS NOMINEE FOR BANK OF AMERICA, N.A. 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 711 SHERWOOD ROAD NEW CUMBERLAND, PA 17070-1449 136 PARTRIDGE CIRCLE CARLISLE, PA 17013 1800 TAPO CANYON ROAD MAIL ID #CA6-914-01-43 SIMI VALLEY, CA 93063 P.O. BOX 2026 FLINT, MI 48501 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 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 he bject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authoritie Date: - O ° t By: Phelan allinan & Schmieg, LLP Daniel G. Schmieg, Esq., Id. No.62205 Attorney for Plaintiff BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO COURT OF COMMON PLEAS BAC HOME LOANS SERVICING, LP < CIVIL DIVISION Plaintiff NO.: 2010-7298 VS. ROGER T. RUSE CUMBERLAND 7 UN-TY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY rT TO: ROGER T. RUSE 711 SHERWOOD ROAD = NEW CUMBERLAND, PA 17070-1449 "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 SHERWOOD ROAD, NEW CUMBERLAND, PA 17070-1449 is scheduled to be sold at the Sheriff's Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $140,763.86 obtained by BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling? 15-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to tAe 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. 2010-7298 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP vs. ROGER T. RUSE owner(s) of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland County, Pennsylvania, being (Municipality) 711 SHERWOOD ROAD, NEW CUMBERLAND, PA 17070-1449 Parcel No. 26-23-0543-196 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $140,763.86 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff BAC HOME LOANS SERVICING, Court of Common Pleas L.P. Plaintiff Civil Division vs CUMBERLAND County ROGER T. RUSE No. 2010-7298 C-j c 4 Defendant r. -Wrn Q rn Z = c'1 --o r•- r- o ° ENTRY OF APPEARANCE <CD a mac-, ? C:>-n TO THE PROTHONOTA RY: -?-1 w Kindly enter my appearance on behalf of Bank of America, N.A., ash ?° successor by merger to BAC Home Loans Servicing, LP. Date: October 11, 2011 By: N CHMIEG, LLP Attorneys for Plai tiff Printed Name: Bar Id. No. PHS# 252886 Attorneys for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, Court of Common Pleas L.P. Plaintiff Civil Division vs CUMBERLAND County .II3 rnm 2rn ROGER T. RUSE No. 2010-7298 z? car" Defendant ..<D PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF =CD PURSUANT TO Pa.R.C.P., 2352 ?C-- •--t TO THE PROTHONOTARY: -C Kindly substitute Bank of America, N.A., as successor by merger 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 are 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., as successor by merger to BAC Home Loans Servicing, LP. Kindly amend the information on the docket Date: October 11, 2011 AN &c SCHMIEG, LLP Attorneys for Plain 'f Printed Name: I 1A Bar Id. No. PHS# 252886 Attorneys for Plaintiff a 3 w .w --t ? r= C° ca-?ti C") PA A71'f C* 11 g 950 e.1&9a(08 9f 1 Y Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff BAC HOME LOANS SERVICING, L.P. Plaintiff VS (Z. --t M. PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF < > o °I r ENTRY OF APPEARANCEQ ? TO THE PROTHONOTARY: t? C-5? Please mark the judgment in the above-captioned matter to the use of Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP, located 7105 Corporate Drive, Plano, TX 75024. _ Court of Common Pleas Civil Division CUMBERLAND County Date: October 11, 2011 PHELAN,ALLINAN & SCHMIEG, LLP Attorneys or Pl of Printed Name: 74 Bar Id. No. PHS# 252886 Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 BAC HOME LOANS SERVICING, L.P. COURT OF COMMON PLEAS Plaintiff V. CIVIL DIVISION ROGER T. RUSE NO. 2010-7298 Defendant CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe to mark judgment to Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP and substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: ROGER T. RUSE 711 SHERWOOD ROAD NEW CUMBERLAND, PA 17070-1449 Date: B LINA & seifMIEG, LLP -Y-f4 Attorneys for Plainti Printed Name: Bar Id. No. PHS# 252886 Attorneys for Plaintiff F11 E -01 i'';; 1,-- TFIE P, R0'1H, 0Itj, ";Ry 251-2 J N -5 PM 2.0? GUMBERLANO'OUNTY PENNS i'LVA.iIA IN THE COURT OF COMMON PLEAS OF 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 V. ROGER T. RUSE No.: 2010-7298 Defendant RULE AND NOW, this day of '1n O1a a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T COURT J. 252886 Robert W. Cusick, Esq., Id. No.80193 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 / ROGER T. RUSE 711 SHERWOOD ROAD NEW CUMBERLAND, PA 17070-1449 &&,6 mailed 11414 elddl 9,57996 252886 iNE PROTHONOTARI 7012 ,JAN 11 AM 9: 51 CUMBERLAYLVANUA T`l PENN Phelan Hallinan & Schmieg, LLP Sheetal R. Shah-Jani, Esq., Id. No.81760 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 VS. ROGER T. RUSE Defendant No.: 2010-7298 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 5, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. ROGER T. RUSE 711 SHERWOOD ROAD NEW CUMBERLAND, PA 17070-1449 DATE: I b ' Z Phelan nan & h eg, LLP By: Sheeta R. Shah-Jani, E u' Attorney for Plaintiff 252886 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff vs. ROGER T. RUSE Defendant CIVIL DIVISION NO. 2010-7298 ORDER s? AND NOW, this day of , 2012, 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 ROGER T. RUSE by: _ REGULAR MAIL TO, ROGER T. RUSE at, 711 SHERWOOD ROAD, NEW CUMBERLAND, PA 17070-1449 CERTIFIED MAIL TO, ROGER T. RUSE at, 711 SHERWOOD ROAD, NEW CUMBERLAND, PA 17070-1449 r/ POSTING 711 SHERWOOD ROAD, NEW CUMBERLAND, PA 17070-1449 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BTU J. C-3 PHS # 252886 w --n M: --? LLP CC PHELAN HALLINAN & SCHMIEG r w I ? , 1617 JFK Boulevard, Suite 1400 - C- -,4-.: Philadelphia, PA 19103 Copy ma-led Rg/1 ROGER T RUSE . 711 SHERWOOD ROAD, NEW CUMBERLAND, PA 17070-1449 - ?: IN THE COURT OF COMMON PLEAS t '3 +J, 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. No.: 2010-7298 ROGER T. RUSE Defendant ORDER AND NOW, this 7 day of? ' 2012, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's 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 March 7, 2012 Per Diem $19.19 Late Charges Legal fees Cost of Suit and Title Property Inspections Suspense/Misc. Credits Escrow Deficit TOTAL '!v:9 `d L-3JZIti ? Plus interest from March 7, 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. ?/ Me L'SS« -?' (an4,,oell, t.-? 4x s e lepes rp.a.1e-d j gg 1 $114,353.41 $24,045.70 $816.04 $1,325.00 $788.00 $560.00 ($151.88) $6,363.47 $148,099.74 B HE COURT: 252886 PHELAN HALLINAN & SCHMIEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaint?f J, T, At? r I 10: 2 o C cE;L AQ COUNTY c?w?lSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION V. ROGER T. RUSE Defendant(s) No.: 2010-7298 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 hketo Exhibit "A". Melissa J. Cantwe , Esquire Attorney for Plaintiff Date: IMPORTAN 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 # 252886 E1gIT cc x I 8 t ?o eA? T N G v G G I o o? a t 1 '?'•' y p? y o I p y?y ?r6• ?. % gn a = V W p J:..? D Ia ? in G. w o C C ?'t t ? 'F b 3 C,7 M { W ' m ? w ?? I O v w ?s ? ? m ? ;per W ? ;? v fla T! «3 ctd a ?a'b? yoy ?xc?? ?,?p? 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G Bm.x f G C L C N W J NA O? Tr J F i O -V 0 y A .. ?.G O > C O ? w ? x ? A U z d . " ? b E N 4n a+ v n ° V? w r? y U w W ? ? A o P. CA ` 'fU' E N W f 67 ro r ??, V E b CC Q a a v s ? ? z i U N I to i _ U N v ._..._._._.._ _•__..__.._ ___,......... ?..._ ..?. ...?.?_ __ ............... .___.. .?_-. U ?^ U .^. .-. N M 00 0? O ^ N M Vi U a I'D o0 00 N N o. S " m T w ? yOt2? C O ? 0 X eCn 5 A .C E C ? ? C pUJ 1] ' ^ w C ? q ?E ?`u w ? v c aK .E m lA ? ? `- o Wes] ?L V) N O N O o? W ?I N 4 0 F+ ? N C ??Ca 't p,?'Cc I 'C R7 ;1 ? ?M 3 IW?I_Y? U N I d W w w?.,'.p,Mt.?O F ?G? (?iM W ON ti, d+ ? W ?+FrnR'R:?M W <CIzOD, W CA Ap??D CJ a,°nA d QQ>4 Pc y0?°?ar?wdN?yl?'Awpx?a?^'C CF x`tF?Xi- CG?zOQAdQ01 ?'T. w V W Q,j v?CQ F zxxF .ate ?CQ! :4? aa? z?a?WZo? .z 3L7 -coo .s 2a cz. Vr,QCi--Gn -? .,r r- _- t 14: -x VI k U f.. w O O ?^ UpW U ?zyaF F? > WWO. =t O C l z W F w A z w o. o G x F li ? In ok? COQ U a k a O O H p 0 x +fs1Wc ;zW; e ??w > N 1 Q ad'WC W W E T a' -. N V ? v F ? cUI ? yy ? ? VI O r j .-t v to ? .? H i ? k O >+ C /1 Clt }?1 a 7 O N p,. y C W A ° o .E u ? - o+ c U m C N m ? OO IG ? q V ? M '. q WTF N ?`??? N F+ ? _ ^1 y0 .'? i a ? C+ F l z a h r? W ?r N I ? A (6 k A u r A s X v C9 v? G FPa 3CI gv 1 00 1 Gil Clu ? T A I? /y GZi W I++ i I ? . I ( H U ao oN F ? 1 ? ? ?' VJ , ? Ca: ' y t 1 1 x 1 ? * 9 s ? ? ? i S I Z BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff V. ROGER T. RUSE Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2010-7298 CUMBERLAND COUNTY PHS # 252886 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER 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 SHERWOOD ROAD, NEW CUMBERLAND, PA 17070-1449. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) 2. 3 ROGER T. RUSE Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 711 SHERWOOD ROAD NEW CUMBERLAND, PA 17070-1449 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 so indicate) New Cumberland Borough New Cumberland Borough C/o Andrew Charles Sheely, Esquire 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MERS AS A NOMINEE FOR COUNTRYWIDE P.O. BOX 2026 BANK, FSB FLINT, MI 48501-2026 COUNTRYWIDE BANK, FSB 1120 Market Street P.O. Box 220 New Cumberland, PA 17070 127 S MARKET STREET P.O. BOX 95 MECHANICSBURG, PA 17055 1199 N FAIRFAX ST STE 500 ALEXANDRIA, VA 22314-1453 COUNTRYWIDE BANK, FSB 6100 OAKTREE BLVD., STE #310 C/O COUNTRYWIDE HOME LOANS, INC. INDEPENDENCE, OH 44131 ATTN: LAURA FINLEY COUNTRYWIDE BANK, FSB C/O CHICAGO TITLE SERVICELINK DIVISION 4000 INDUSTRIAL BLVD ALIQUIPPA, PA 15001 MERS, INC. FORMALLY 3300 CSW 34TH AVENUE, OCALA, FL 34471 AS OF 12/6/10 1901 E. VORHEESE ST, SUITE C DANVILLE, IL 61834 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 so indicate) None. 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 so indicate) TENANT/OCCUPANT ANGELA P. RUSE BANK OF AMERICA, N.A. MERS AS NOMINEE FOR BANK OF AMERICA, N.A. 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 711 SHERWOOD ROAD NEW CUMBERLAND, PA 17070-1449 136 PARTRIDGE CIRCLE CARLISLE, PA 17013 1800 TAPO CANYON ROAD MAIL ID #CA6-914-01-43 SIMI VALLEY, CA 93063 P.O. BOX 2026 FLINT, MI 48501 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 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. '/ l C Date: ? Bye t elan Hallinan & Schmieg, LLP '--Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff 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. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff vs. 17 Ai; 9: E ±! AND CCUI? y, 'i'"I N f S YLVA N I,)? CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2010-7298 ROGER T. RUSE Defendant i 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 ROGER T. RUSE on 2/15/2012 at 711 SHERWOOD ROAD, NEW CUMBERLAND, PA 17070-1449 in accordance with the Order of Court dated 2/1/2012. The property was posted on 3/17/2012. Publication was advertised in THE SENTINEL on 2/17/2012 & in CUMBERLAND LAW JOURNAL on 2/24/2012. 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. Phel H in & Schmieg, LLP DATE: By: ?- Matthew B wood, Esquire Attorney Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY , Ronny R Anderson Sheriff is Jody S Smith Chief Deputy Richard W Stewart Solicitor BAC Home Loans Servicing, LP vs. Roger T. Ruse e'I'i Case Number 2010-7298 SHERIFF'S RETURN OF SERVICE 01/10/2012 04:37 PM - Deputy Ryan Burgett, 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 Sherwood Road, New Cumberland, PA 17070, Cumberland County. 01/12/2012 05:27 PM - Deputy Ryan Burgett, being duly sworn according to law, attempted service to the Defendant, to wit: Roger T. Ruse at 711 Sherwood Road, New Cumberland Borough, New Cumberland, PA 17070. The address was found to be vacant. 02/09/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/2/2012 02/21/2012 Affidavit of Service to Lien holders Filed in Sheriffs Office 05/02/2012 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, Pennsylvania on May 2, 2012 at 1000 am. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of BAC Home Loans Servicing, LP. BAC Home Loans Servicing, LP, being the buyer in this execution, paid to the Sheriff the sum of $815.16. SHERIFF COST: $815.17 June 05, 2012 SO ANSWERS, RONtrY R ANDERSON, SHERIFF sz0 t 'Pd. 4 ?;22 - W 5- ?i,? y' Ap" z?6,y.;s' 5u:te lrG BANK OF AMERICA, N.A..AS SUCCESSOR BY MERGER TO BA,C HOME LOANS SERVICING, LP Plaintiff 91 V. ROGER T. RUSE Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2010-7298 CUMBERLAND COUNTY PHS # 252886 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER 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 SHERWOOD ROAD, NEW CUMBERLAND, PA 17070-1449. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so iiiaicate) ROGER T. RUSE 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 711 SHERWOOD ROAD NEW CUMBERLAND, PA 17070-1449 Address (if address cannot be reasonably ascertained, please so indicate) 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 so 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) MERS AS A NOMINEE FOR COUNTRYWIDE P.O. BOX 2026 BANK, FSB FLINT, MI 48501-2026 COUNTRYWIDE BANK, FSB 1199 N FAIRFAX ST STE 500 ALEXANDRIA, VA 22314-1453 COUNTRYWIDE BANK, FSB 6100 OAKTREE BLVD., STE #310 C/O COUNTRYWIDE HOME LOANS, INC. INDEPENDENCE, OH 44131 ATTN: LAURA FINLEY COUNTRYWIDE BANK, FSB SERVICELINK DIVISION C/O CHICAGO TITLE. 4000 INDUSTRIAL BLVD ALIQUIPPA, PA 15001 \9ERS, INC. FORMALLY 3300 CSW 34TH AVENUE, OCAL.X, FL 34471 AS OF 12/6/10 1901 E. VORHEESE ST, SUITE C DANVILLE, IL 61834 4 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 so 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 so indicate) TENANT/OCCUPANT 711 SHERWOOD ROAD NEW CUMBERLAND, PA 17070-1449 ANGELA P. RUSE 136 PARTRIDGE CIRCLE CARLISLE, PA 17013 BANK OF AMERICA, N.A. 1800 TAPO CANYON ROAD MAIL ID #CA6-914-01-43 SIMI VALLEY, CA 93063 MERS AS NOMINEE FOR BANK OF P.O. BOX 2026 AMERICA, N.A. FLINT, MI 48501 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 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 he bject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsi fication to authoritie Date: 1 O t t By: Phelan"Ialhnan & Schmieg, LLP Daniel G. Schmieg, Esq., Id. No.62205 Attorney for Plaintiff t13ANK OF AMkp-ICA; N.A. AS SUCCESSOR BY MERGER TO COURT OF COMMON PLEAS BAC HOME LOANS SERVICING, LP CIVIL DIVISION Plaintiff : : NO.: 2010-7298 VS. ROGER T. RUSE : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROGER T. RUSE 711 SHERWOOD ROAD NEW CUMBERLAND, PA 17070-1449 "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 SHERWOOD ROAD, NEW CUMBERLAND, PA 17070-1449 is scheduled to be sold at the Sheriff's Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $140,763.86 obtained by BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER 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. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared P 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 P SHORT DESCRIPTION By virtue of a Writ of Execution NO. 2010-7298 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP vs. ROGER T. RUSE owner(s) of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland County, Pennsylvania, being (Municipality) 711 SHERWOOD ROAD, NEW CUMBERLAND, PA 17070-1449 Parcel No. 26-23-0543-196 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $140,763.86 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of New Cumberland in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northerly line of Sherwood Road, 338.58 feet measured southwestwardly along Sherwood Road from the northwest corner of Sherwood Road and Brandt Avenue; thence northwestwardly along the westerly line of Lot No. 28, Block'A' on the hereinafter mentioned plan 135.03 feet to a point on line of lands now or formerly of Don Hench; thence by same southwestwardly 60 feet to a point; thence along the easterly line of Lot No. 26, Block 'A' southeastwardly 135.27 feet to a point on the northerly line of Sherwood Road; thence along Sherwood Road northeastwardly 21.65 feet to a point; thence along Sherwood Road by a curve to the left having a radius of 25 feet an arc distance of 14.08 feet to a point; thence continuing northeastwardly along Sherwood Road 26.35 feet to a point, the place of Beginning. BEING Lot No.27 Block'A' on the Plan of Lots of Highland Park Extension which plan is recorded in the Cumberland County Recorder's Office in Plan Book 5, Page 59. TITLE TO SAID PREMISES IS VESTED IN Roger T. Ruse, husband, by Deed from Roger T. Ruse and Angela P. Ruse, h/w, dated 05/22/2009, recorded 05/26/2009 in Instrument Number 200917224. PREMISES BEING: 711 SHERWOOD ROAD, NEW CUMBERLAND, PA 17070-1449 PARCEL NO. 26-23-0543-196 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF'CUMBERLAND) NO10-7298 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. Plaintiff (s) From ROGER T. RUSE (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: $140,763.86 L.L.: Interest from 8/22/2011 to Date of Sale ($23.46 per diem) 71S. All, Atty's Comm: % Due Prothy: $2.00 Atty Paid: $175.80 Plaintiff Paid: Date: 12/1/2011 Other Costs: (Seal) REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 -? FULy TRUE COPY FROM RECORD In Testiriony Whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This day of 20 Prothon ry On December 19, 2011 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA, Known and numbered as, 711 Sherwood Road, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date December 19, 2011 By: Re Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2010-7298 Civil Term Bank of America, N.A. As Successor by Merger to BAC Home Loans Servicing, LP vs. Roger T. Ruse Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 2010-7298, BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP vs. ROGER T. RUSE owner(s) of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland County, Pennsylvania, being 711 SHERWOOD ROAD, NEW CUMBER- LAND, PA 17070-1449. Parcel No. 26-23-0543-196. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $140,- 763.86. 66 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: January 27, February 3, and February 10, 2012 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. Marie Coyne, SWORN TO AND SUBSCRIBED before me this _ 10 day of Februa 2012 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 Home Loan Mortgage Coro is the grantee the same having been sold to said grantee on the 2 day of May A.D., 2012, under and by virtue of a writ Execution issued on the 1 day of December, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 7298, at the suit of Bank of America, NA as Successor by Merger to BAC Home Loans Servicing LP against Roger T. Ruse is duly recorded as Instrument Number 201217050. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 4 day of ILAQ- A.D. 11, A 'VW4?t Recorder of Deeds pa=t% of DlAK CwdxftW OM My, Web, PA MY CWWa IWM mine the Fret WK* OfJaa 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 3040 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 i4f?latriot.?lews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commcnweaith of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn accord ng to !aw. 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, 194+ respectively, and all have been continuously published ever since; That the printed notice or publication whicf 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 statemen' 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 1 he Patriot-News Co. aforesaid by )irtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book °M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 2010-7298 Civli Term 01/27/12 Bank of America, NA, as Successor by Merger to BAC 02/03/12 Home Loans Servicing, LP 02/10/12 vs Roger T. Ruse Atty. Danlei Schmleg By virtue of a Writ of Execution NO. 2010-7298 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC Sworn to and subscribed before rne this 24 day of February, 2012 A D. HOME LOANS SERVICING, LP VS. ROGER T. RUSE owner(s) of property situate in the BOROUGH OF NEW CUMBERLAND _ Notary Public , Cumberland County, Pennsylvania, being COMMONWEALTH OF PENNSYLVANIA (Municipality) 711 SHERWOOD ROAD, NEW Notarial Seal Sherrie L. Owens, Notary Public ERLANI7; PA 17070-1449 P cel No. 26-23-0543-196 Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2015 ( eage or street address) MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES provements s thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $140,763.86