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HomeMy WebLinkAbout11-8433PHELAN HALLINAN & SCHMIEG, LLP t Vivek Srivastava, Esq., Id. No.202331 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 258246 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. TIMOTHY L. HASKINS JENNIFER D. HASKINS 946 ALEXANDER SPRING ROAD CARLISLE, PA 17015-9183 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM p (t /? No. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 258246 - C-- C? r a atAQd ?# 0 (o?o s3 T 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 #: 258246 1. Plaintiff is BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO 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: TIMOTHY L. HASKINS JENNIFER D. HASKINS 946 ALEXANDER SPRING ROAD CARLISLE, PA 17015-9183 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/31/2005 TIMOTHY L. HASKINS and JENNIFER D. HASKINS 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. 1929, Page 1195. By Assignment of Mortgage recorded 12/20/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201037655. 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 12/01/2009 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 File #: 258246 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 08/12/2011: Principal Balance $145,515.18 Interest $15,218.46 11/01/2009 through 08/12/2011 Late Charges $511.47 Property Inspections $320.00 Non Sufficient Funds Charge $20.00 Escrow Deficit $6,071.45 TOTAL $167,656.56 7. Plaintiff is not seeking a judgment of personal liability (or an in personam 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 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. File #: 258246 i WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $167,656.56, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP B y. Vivek Sriv , Esquire Attorney for aintiff File #: 258246 ' LEGAL DESCRIPTION ALL that certain tract of land situated in Dickinson Township, Cumberland County, Pennsylvania, more particularly described in accordance with a survey by Stephen G. Fisher, R.S., dated October 4, 1976, as follows: BEGINNING at a point on the dedicated right-of-way line of Alexander Spring Road T-467, said point being approximately thirty (30) feet north of the center line of said road and being also the southeast corner of Lot 2 of the hereinafter mentioned plan of lots; thence along the northern dedicated right-of-way line of T-467, South 65 degrees 15 minutes West 150 feet to a point; thence along the dividing line of lots 1 and 2 of the hereinafter mentioned plan of lots North 24 degrees 45 minutes West 295 feet to a point; thence North 65 degrees 15 minutes East 150 feet to a point; thence along the dividing line of Lots 2 and 3 of the hereinafter mentioned plan of lots South 24 degrees 45 minutes East 295 feet to a point on the northern dedicated right-of-way line of T-467, the place of beginning. CONTAINING 1.016 acres and being lot Number 2 of the Plan of Lots of Dickinson Farms recorded in the Office of the Recorder of Deeds of Cumberland, County, Pennsylvania, in Plan Book 29, page 41. PROPERTY ADDRESS: 946 ALEXANDER SPRING ROAD, CARLISLE, PA 17015-9183 PARCEL # 08-09-0523-039 File #: 258246 .r VERIFICATION Allit k 4 t , hereby states that h sh ' I f of, BANK OF AMERICA, N.A., Plaintiff in this matter, that he she 's authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his er owledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ame: 5e? Title: jS-? V I c? R?Si cif" BANK OF AMERICA, N.A. File #: 258246 Name: HASKINS File #: 258246 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFRI,':i - ;.-rRIFF F- F* I 14 hr I DEC 16 AM D 03 C[JM9ERLn C CC'UH-IrY PENNSYLVANIA Bank of America, NA Case Number vs. 2011-8433 Timothy L. Haskins (et al.) SHERIFF'S RETURN OF SERVICE 12/14/2011 10:30 AM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on December 14, 2011 at 1030 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure, upon the within named defendant, to wit: Jennifer D. Haskins. After several attempts The Compalint in Mortgage Foreclosure has expired. 12/14/2011 10:30 AM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on December 14, 2011 at 1030 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure, upon the within named defendant, to wit: Timothy L. Haskins. After several attempts The Complaint in Mortgage Foreclosure has expired. SHERIFF COST: $62.00 December 14, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (c; GountySUIte Shenft. Teleosott 111:; 1 1 Phelan Hallinan & Schmieg, LLP 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 Attorney for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County vs. C` rll. . No. 11-8433-CIVIL TIMOTHY L. HASKINS rn JENNIFER D. HASKINS - ?s -,- Defendants MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT c: Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendants, TIMOTHY L. HASKINS and JENNIFER D. HASKINS, by first class mail to TIMOTHY L. HASKINS and JENNIFER D. HASKINS at the mortgaged premises, 946 ALEXANDER SPRING ROAD, CARLISLE, PA 17015; posting of the mortgaged premises, 946 ALEXANDER SPRING ROAD, CARLISLE, PA 17015; and publication pursuant to Pa. R.C.P. 430, and in support thereof avers the following: 1. Attempts to serve Defendants, TIMOTHY L. HASKINS and JENNIFER D. HASKINS, personally with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendants at the mortgaged premises, 946 ALEXANDER SPRING ROAD, CARLISLE, PA 17015. As indicated by the Return of Service, no service was made as there was no response to the attempts made by the Sheriff s Deputy. A true and correct copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit "A". 258246 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. A true and correct copy of an affidavit of due diligence setting forth the specific inquiries as to the Defendants' whereabouts and the results thereof is attached hereto, made part hereof, and marked as Exhibit "B". 3. Plaintiff contacted the Prothontary's Office and as of February 29, 2012, no Judge has previously entered a ruling in this case. 4. In accordance with CUMBERLAND County Local Rule 208.2(d), Plaintiff sent a copy of its Proposed Motion.for Special Service and Order to the Defendants on March 9, 2012 and requested Defendants' concurrence. Plaintiff did not receive any written response from the Defendants. A true and correct copy of Plaintiffs March 9, 2012 letter and postmarked certificate of mailing pursuant to Local Rule 208.2(d) attached hereto, made part hereof, and marked Exhibit "C". Plaintiff has reviewed its internal records and has not been contacted by the Defendants as of March 20, 2012 to bring loan current. 6. Plaintiff submits that it has made a good faith effort to locate the Defendants but has been unable to do so. 258246 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail; posting; and by publication. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: By: Lawrenc elan, Esq., Id. No. 32227 Francis man, 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 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 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 Dana B. Ostrovsky, Esq., Id. No. 83921 Attorneys for Plaintiff 258246 Phelan Hallinan & Schmieg, LLP 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. TIMOTHY L. HASKINS aENNIFER D. HASKINS Defendants Attorney for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 11-8433-CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT 1. FACTUAL BACKGROUND Attempts to serve Defendants, TIMOTHY L. HASKINS and JENNIFER D. HASKINS, with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendants at the mortgaged premises, 946 ALEXANDER SPRING ROAD, CARLISLE, PA 17015. As indicated by the Return of Service, no service was made. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to discover the whereabouts of the Defendants as evidenced by the affidavit of due diligence setting forth the specific inquiries as to the Defendants' whereabouts and the results thereof. Further, Plaintiff's counsel has reviewed its internal records and has not been contacted by the Defendants as of March 20, 2012 to bring loan current. Consequently, Plaintiff submits that it has made a good faith effort to locate the Defendants but has been unable to do so. 258246 II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 430(a) specifically states: 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. Pa.R.C.P. 430(a) (2009). In particular: An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. Id. at 430(a) n. Similarly, the Pennsylvania Superior Court has gone on to explain that, "While by no means exhaustive, this Note is at least indicative of the types of procedures contemplated by the legislature when enacting Rule 430." Deer Park Lumber, Inc. v. Major, 384 Pa. Super. 625, 633, 559 A.2d 941, 946 (1989), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Only after such proof has been offered is the Court authorized to direct another method of substitute service. See id. In the instant case, as indicated by the Return of Service, the Sheriff has been unable to serve the Complaint. Plaintiff has made a good faith effort to discover the whereabouts of the Defendants as evidenced by the affidavit of due diligence. Therefore, Plaintiff respectfully requests an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. 258246 III. CONCLUSION As indicated by the Return of Service, the Sheriff has been unable to serve the Complaint upon the Defendants. Plaintiff has made a good faith effort to discover the whereabouts of the Defendants as evidenced by its affidavit of due diligence. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: Zo \2-- By: Lawrence T. P , Esq., Id. No. 32227 Francis S. Hal niinaan,j Esq., Id. No. 62695 Daniel G. Schmie , 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 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 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 Dana B. Ostrovsky, Esq., Id. No. 83921 Attorneys for Plaintiff 258246 Exhibit "A" 258246 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff `??,?_1YQof +ttambrt1??8 OFFICE OF THE $HEPoFF FILE ")-OFF'IC-F GI' THE F1R01'HCdf?OTA''Y Jody S Smith Chief Deputy Richard W Stewart Solicitor N11 DEC 16 AM 10: 0 3 CUMBERLANC COUNTY PENNSYLVANIA Bank of America, NA Case Number vs. 2011-8433 Timothy L. Haskins (et al.) SHERIFF'S RETURN OF SERVICE 12/14/2011 10:30 AM - Ronny R. Anderson, Sheriff, who being duly swom according to taw, states that on December 14, 2011 at 1030 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure, upon the within named defendant, to wit: Jennifer D. Haskins. After several attempts The Compalint in Mortgage Foreclosure has expired. 12/14/2011 10:30 AM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on December 14, 2011 at 1030 hours, he was unable to awn a true copy of the within Complaint In Mortgage Foreclosure, upon the within named defendant, to wit: Timothy L. Haskins. After several attempts The Complaint In Mortgage Foreclosure has expired. SHERIFF COST: $62.00 December 14, 2011 (c) C«nyswu Sherdf. Telwwft Inc SO ANSWERS, RON R ANDERSON, SHERIFF Exhibit "B" 258246 AFFIDAVTI' OF GOOD FAITH INVESTIGATION File Number: 258246 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Timothy L. Haskins & Jennifer D. Haskins Property Address: 946 Alexander Spring Road, Carlisle, PA 17015 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Timothy L. Haskins - xxx-xx-4935 Jennifer D. Haskins - xxx-xx-0729 B. EMPLOYMENT SEARCH Timothy L. Haskins & Jennifer D. Haskins - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Timothy L. Haskins & Jennifer D. Haskins reside(s) at: 946 Alexander Spring Road, Carlisle, PA 17015. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which indicated that Timothy L. Haskins & Jennifer D. Haskins reside(s) at: 946 Alexander Spring Road, Carlisle, PA 17015. On 12-29-11 our office made a telephone call to the subjects' phone number (717) 258-5603 and received the following information: disconnected. III. INQUIRY OF NEIGHBORS On 12-29-11 our office made a phone call in an attempt to contact Dawn J. Walters (717) 245-0149, 945 Alexander Spring Road, Carlisle, PA 17015: spoke with an unidentified female who could not confirm that the subjects reside(s) at 946 Alexander Spring Road, Carlisle, PA 17015. On 12-29-11 our office made several phone calls in an attempt to contact Clark A, Hock (717) 258-8547, 947 Alexander Spring Road, Carlisle, PA 17015: no answer. On 12-29-11, our office made several phone calls in an attempt to contact Scott S. McCoy (717) 249-3438, 950 Alexander Spring Road, Carlisle, PA 17015: answering, machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 12-2941 we reviewed the National Address database and found the following; information: Timothy L. Haskins & Jennifer D. Haskins - 946 Alexander Spring Road, Carlisle, PA 17015. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. OTHER INQUIRIES A. DEATH RECORDS As of 12-29-11 Vital Records and all public databases have no death record on file for Timothy L. Haskins & Jennifer D. Haskins. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Timothy L. Haskins -1973 Jennifer D. Haskins -1978 B. A.K.A. Jennifer L. Haskins; Jennifer D. Jancse; Jennifer E. Jancse * 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 unworn falsification to authorities. -f .CCU rJ The above information is obtained from available public records and we are only liable for the cost of the affidavit. Exhibit "C" 258246 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 Claire Olivar, Ext. 1533 Service Department March 9, 2012 TIMOTHY L. HASKINS and JENNIFER D. HASKINS 946 ALEXANDER SPRING ROAD CARLISLE, PA 17015 Representing Lenders in Pennsylvania and New Jersey RE: BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP v. TIMOTHY L. HASKINS and JENNIFER D. HASKINS Premises Address: 946 ALEXANDER SPRING ROAD, CARLISLE, PA 17015 CUMBERLAND County, No. 11-8433-CIVIL Dear Defendants, 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, service of the complaint by first class mail and posti*g of Jhe mortgaged premises. Please respond to me within one week, by Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly Attorney for Esq., Id. No. 83921 258246 Name and Phelan Hallinan & Schmieg, LLP Address 1617 JFK Boulevard, Suite 1400 Of Sender One Penn Center Plaza Philadelphia, PA 19103 CLO Line Article Number Name of Addressee, Street, and Post Office Address Postage Fee 1 "*•* TIMOTHY L. HASKINS j 946 ALEXANDER SPRING ROAD s CARLISLE, PA 17015 2 **** JENNIFER D. HASKINS 946 ALEXANDER SPRING ROAD CARLISLE, PA 17015 } RE: TIMOTHY L. HASKINS (CUMBERLAND) TEAM 4 PHS# 258246 Pace 1 of 1 Ton[ Number W - Toni N.W of Pieces Postmaat., Per (Name of The Nil declaration of valw iarceimmd oo d1 domutic and imaratienal m w.arable Pieces listed by Send. k Received u Pon Office Receiviml; Employee) fer the rewosbuctioo ofta+aoe?atuWe documems umd. EW- Mail do QQ00 pa E pieta subject 1o a limit of 11300,000 per occmremce. The mWomm index odi. is 5500. i i The toax®em indemnity payable is 52 5,000 far mgistered mail, scat wilt fail Manual . R900 5913 and S921 for limitations of covetose . h r. 258246 Phelan Hallinan & Schmieg, LLP 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. TIMOTHY L. HASKINS ;fENNIFER D. HASKINS Defendants Attorney for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 11-8433-CIVIL CERTIFICATION OF SERVICE The undersigned hereby certifies that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individuals as indicated below by first class mail, postage prepaid, on the date listed below. TIMOTHY L. HASKINS and JENNIFER D. HASKINS at: 946 ALEXANDER SPRING ROAD CARLISLE, PA 17015 258246 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP By: Lawren. helan, Esq., Id. No. 32227 Franci . Hallinan, Esq., Id. No. 62695 Daniel ISAchmieg, 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 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 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 Dana B. Ostrovsky, Esq., Id. No. 83921 Attorneys for Plaintiff 258246 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A. SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, : LP Civil Division Plaintiff VS. TIMOTHY L. HASKINS JENNIFER D. HASKINS Defendants ORDER CUMBERLAND County No. 11-8433-CIVIL AND NOW, this A A- day of Mml-)-1, 2012, upon consideration of Plaintiff's motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED, that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendants, TIMOTHY L. HASKINS and JENNIFER D. HASKINS, by: 1. Posting of the premises: 946 ALEXANDER SPRING ROAD, CARLISLE, PA 17015 by the Sheriff or a non-party competent adult; and 2. First class mail to TIMOTHY L. HASKINS and JENNIFER D. HASKINS at the mortgaged premises located at 946 ALEXANDER SPRING ROAD, CARLISLE, PA 17015. 3. Publication in accordance with PA. R.C.P. 430. PHS# 2582461CLO 4 ? It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to ensure compliance with this Court Order. BY THE COURT: J. Cc:TIMOTHY L. HASKINS JENNIFER D. HASKINS 946 ALEXANDER SPRING ROAD, y CARLISLE PA 17015 M , , I Q PHS# 258246iCLO PHELAN HALLINAN & SCHMIEG, LLP Tan sr John Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff ?,? R 3 s n 1617 JFK Boulevard, Suite 1400 rf t One Penn Center Plaza ISERL AHD C®i? Philadelphia, PA 19103,'? C v? ?/ A 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, LP CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. TIMOTHY L. HASKINS No. 11-8433-CIVIL JENNIFER D. HASKINS Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN By:, Date: April 11, 2012 JMK/tam, Svc Dept. File# 258246 & SCHMIEG, LLP Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff CE-) HI S-0 afh? 4 CkK 11»lo39 r Phelan Hallinan & Schmieg, LLP John M. Kolesnik, Esq., Id. No. 308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEYS FOR PLAINTIFF BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff VS. TIMOTHY L. HASKINS JENNIFER D. HASKINS Defendants aA..:s n z d.._. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 11-8433-CIVIL c 4-0 ' CD AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail to the following persons, TIMOTHY L. HASKINS and JENNIFER D. HASKINS at 946 ALEXANDER SPRING ROAD, CARLISLE, PA 17015-9183 on April 16, 2012, in accordance with the Order of Court dated March 26, 2012. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: April 16, 2012 By: v _ Jo . Kolesnik, Esq., Id. No. 308877 rney for Plaintiff elan Hallinan & Schmieg, LLP Jhk/kpl 258246 "J, I Phelan Hallinan & Schmieg, LLP Au ?Tp?NEYS FOR PLAINTIFF John M. Kolesnik, Esq., Id. No. 308877 r 7 , ,F < _ 6F1 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza .U141BERLANO COUNTI" r , Philadelphia, PA 19103 FENMSYLV; NIA 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff VS. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY TIMOTHY L. HASKINS No. 11-8433-CIVIL JENNIFER D. HASKINS Defendants AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated March 26, 2012 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in the Cumberland Law Journal on April 27, 2012 and The Sentinel on April 19, 2012. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: May 1, 2012 Phelan By: C?-' Jo . Kolesnik, Esq., Id. No. 308877 orney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 LLP PHS # 258246 KPL PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 April 27, 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. is Marie Coyne, Edit k SWORN TO AND SUBSCRIBED before me this 27 dg y of April, 2012 G Notary /i NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 11-8433-CIVIL BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP VS. TIMOTHY L. HASKINS, JENNIFER D. HASKINS NOTICE TO TIMOTHY L. HASKINS and JEN- NIFER D. HASKINS: You are hereby notified that on November 8, 2011, Plaintiff, BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County, Pennsylva- nia, docketed to No. 11-8433-CIVIL. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 946 ALEXANDER SPRING ROAD, CARLISLE, PA 17015 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Apr. 27 NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be 13 PROOF OF PUBLICATION State of Pennsylvania. County of Cumberland Jackie Cox, Sales Director, of The Sentinel, of the Countv and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Arril 1o-', 201 COPY OF NOTICE OF PUBLICATION NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS CIVIL AF C B LAW ND COUNTY, PENNSYLVANIA COURT OF COMMON PLEAS BANK OF AMER BY MERGER TOIBAC HOME LOANSOR CIVIL DIVISION SERVICING, LP Vs. CUMBERLAND COUNTY TIMOTHY L. HASKINS NO. 11-8433-CIVIL JENNIFER D. HASKINS NOTICE TO TIMOTHY L. HASKINS and JENNIFER D. HASKINS: I , BANK A, N.A. BY MERGER TO BAC You are hereby notified that on 11/811' alMort9a9e ForOecl store Clomp aint endorsed wOlth a Notice o Defe d, against . -CIVIL HOME LOANS SERVICING, LP, you in the Court of Common Pleas of CUMBERLAND County Pennsylvania, docketed to No. 11-8433DER SPRING Wherein Plaintiff seeks foreclose on the mortgae secured on ROAD, CARLISLE, PAt17015 whereupon your property would be soldby he Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and tile without defenses a ju bd ectio s you and in writing with the court. You are warned that if you fail to do so the case may proceed may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. INFORMATION YOU TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITHL OR ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH REFRMED FEE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGFBLE PERSONS AT A CUMBLRLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND 2 SOUTH BEDFORD STREETIATION 3 CARLISLE, PA 17013 (800) 990-9108 Affiant further deposes that he/she is nol. interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this Notarv Public My commission expires: -a , ?, AFFIDAVIT OF SERVICE - CUMBERLAND KPL PLAINTIFF BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP DEFENDANT JENNIFER D. HASKINS SERVE AT: 946 ALEXANDER SPRING ROAD CARLISLE, PA 17015-9183 ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****** COUNTY: CUMBERLAND COURT NO. 11-8433-CIVIL ; OF ACTI - ) TYPE XX Mortgage Foreclosure '' - w r.'.., Eviction c.D XX Civil Action s _ . Complaint on Promissory N t c . R " Served Posted and made known JENNIFER D. I-IASKINS, Defendant on the L-57' day of at ' l0 o'clock, -. M., at 946 ALEXANDER SPRING ROAD CARLISLE PA 17015-9183, 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/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 office of said defendant company. _lf Other... Description: Age Height Weight Race_ Sex Other DATE:., t !? NAME:. ----- I, P,0;1,11 1 M011 a competent adult, being duly sworn according to law, depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above. I understand that this ' o unsworn falsificatio to authorities. statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 re a "I PRINTED NAME: Ron'd'1 c ;%- g TITLE: Process SCIV 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 at Service Refused Other: 258246 6 AFFIDAVIT OF SERVICE - CUMBERLAND KPL PLAINTIFF BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP COUNTY: CUMBERLAND COURT NO. 11-8433-CIVIL - DEFENDANT ? TYPE OF ACTIORr- ? 71 .- TIMOTHY L. HASKINS sv XX Mortgage Foreclosure ' SERVE AT: Eviction= r 946 ALEXANDER SPRING ROAD XX Civil Action - ? CARLISLE, PA 17015-9183 Complaint on Promissory ' c a ". C', ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****** ,?iervea Posted and made known TIMOTHY L I IASKINS, Defendant<on the 157 day ofe?!!I?"y 20 >' at , I o o'clock, . M„ nt 946 AI I'XANDI•R SPRING ROAD, CARLISLE, PA 17015-9183, 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 nametrclationship. Manager/Clerk of place of lodging in which Ddf'cnddant(s) reside(s). Agent or person in charge of Defendant's o0ce or usual place of business. an office of said defendant company. Other: 0 Ty Description: Age Height Weight Race_-_. Sex Other I, a competent adult, being duly sworn according to law, depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 rel ti g unsworn falsi c n ?Uthorities. DATE: _-J-L,- NAME: PRINTED NAME: Ronald MOIL TITLE: Process Server 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 Other: 258246 I q PHELAN HALLINAN & SCHMIEGJ LP R , Attorney for Plaintiff Brian Yoder, Esq., Id. No.207412 Y` ;? v' :' Y"' J 1617 JFK Boulevard, Suite 1400 `?D GpU?': One Penn Center Plaza °''_ Philadelphia, PA 19103 1 5 215-563-7000 BANK OF AMERICA, N.A. CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS VS. : CIVIL DIVISION TIMOTHY L. HASKINS No. 11-8433-CIVIL JENNIFER D. HASKINS 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 TIMOTHY L. MASKINS, and JENNIFER D. HASKINS, 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 TOTAL $167,656.56 $167,656.56 I hereby certify that (1) the Defendants' last known address is 946 ALEXANDER SPRING ROAD, CARLISLE, PA 17015-9183, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date V?e ;Z4 Brian Yoder, squire Attorney for Plaintiff S$ ' DAMAGES ARE HEREBY ASSESSED AS INDICATED. W o .? WOV4 " DATE: SAM Pxs # 258246 R HONOTARY 258246 PHELAN HALLINAN & SCHMIEG, LLP Brian Yoder, Esq., Id. No.207412 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 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. TIMOTHY L. HASKINS JENNIFER D. HASKINS : CIVIL DIVISION : No 11-8433-CIVIL 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 its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant TIMOTHY L. HASKINS is over 18 years of age and resides at 946 ALEXANDER SPRING ROAD, CARLISLE, PA 17015-9183. (c) that defendant JENNIFER D. HASKINS is over 18 years of age and resides at 946 ALEXANDER SPRING ROAD, CARLISLE, PA 17015-9183. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 01--I/ 2 ?s Brian Yoder, squire Attorney for Plaintiff 258246 (Rule of Civil Procedure No. 236) - Revised BANK OF AMERICA, N.A. SUCCESSOR CUMBERLAND COUNTY BY MERGER TO BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS VS. : CIVIL DIVISION TIMOTHY L. HASKINS JENNIFER D. HASKINS No. 11-8433-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on ?19110 - By: If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Brian Yoder, 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 ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY** 258246 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff V. TIMOTHY L. HASKINS JENNIFER D. HASKINS Defendant(s) TO: JENNIFER D. HASKINS 946 ALEXANDER SPRING ROAD CARLISLE, PA 17015-9183 at. DATE OF NOTICE: SAy1t COURT OF COMMON PLEAS CIVIL DIVISION NO. 11-8433-CIVIL 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. 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 ,,,'2,-7 249-3166 By: 10ri Michsse3 Kolesnik, Esquire torney for Plaintiff f1helan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 258246 BANK OF AMERICA, N.A. SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, LP CIVIL DIVISION Plaintiff V. TIMOTHY L. HASKINS NO. 11-8433-CIVIL CUMBERLAND COUNTY JENNIFER D. HASKINS Defendant(s) TO: TIMOTHY L. HASKINS 946 ALEXANDER SPRING ROAD CARLISLE, PA 17015-9183 DATE OF NOTICE: 12 fl 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. 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLTSLE, PA 17013 } /- (,7 249-3166 / r Fay: J`?}tfn Mich,{el' Kolesnik, Esquire attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 258246 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 11-8433 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A., Successor by merger to BAC HOME LOANS SERVICING, LP, Plaintiff (s) From TIMOTHY L. HASKINS and JENNIFER D. HASKINS (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 Qtherwise disposing thereof; (3) It 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: $167,656.56 L.L.: $.50 Interest from 6/20/12 To Date of Sale ($27.56 per diem) -- $4,657.64 Atty's; Comm: % Due Prothy: $2.25 Atty Plaid: $213.25 Other Costs: Plaintiff Paid: Date: 8/31/12 7),2,t .L.! o - David D. Buell, Prothonotary (Seal). Deputy REQUESTING PARTY: Name: MELISSA J. CANTWELL, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telepbone: 215-563-7000 Supreme Court ID No. 308912 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME COURT OF COMMON PLEAS LOANS SERVICING, LP Plaintiff CIVIL DIVISION V TIMOTHY L. HASKINS JENNIFER D. HASKINS Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/20/2012 to Date of Sale ($'7.56 per diem) TOTAL Note: Please attach description of property. PHS # 25$246 0 *,2S. _6C> ?p A-rry loll. oo CaF 44.00 /i. 75 149, 5o a , 50 oZl PO prn/ •?l0'?.•025 ?uel..p 50 LL Aalg800 e*ae0Cla NO.: 11-8433-CIVIL CUMBERLAND COUNTY $167,656.56 $4,657.64 $172,314.20 L__ Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff C-) C rnW cn? <C) 3PI (n s ?) D ? z -T? x w Ca =- c -n c:) -n L n EE ua;+44w.4 F+" [11 C%1 0 W O d CQ O H W Z oa o w? U p a v' d v op ?? Q d C7 ? N ? M d d N ? O r- W Os Q ?W ? ? O oa w O ?p W 7 ? N ? M 3 ° nu r? ? r O n.. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANK F AMERICA, N.A. SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP Civil Division Plaintiff VS. ?Y L. HASKINS R D. HASKINS Defendants ORDER CUMBERLAND County Nil 4 M AND NOW, this ;l&f4 day of I+'f49t-A , 2012, upon consideration of Plaintiffs motion; for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED, that said Motion is GRANTED. It is further ORDERED and DECREED that P lla ,,,r obtain service of the Complaint and all fixture pleadings on the aboA" lTIMOTHY L. HASKINS and JENNIFER D. HASKINS. by: I . Posting of the premises: 946 ALEXANDER SPRING ROAD, CARLISLE, PA 17015 by the Sheriff or a non-party competem adult; and 2. First elms mail to TIMOTHY L. HASKINS and JENNIFER D. HASKINS at the mortgaged premises located at 946 G ROAD, CARLISLE, PL?pSE ? PA 17015. 3. Publication in accordance with PA. R.C.P. 430. PHS# $582461CL0 It is fiuthar ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to enswre compham with this Court Order. BY THE COURT: is( N. A# J. Cc: OTHY L. HASKINS D. HAS KINS ER 946 SPRING ROAD, CARLI LE, PA 17415 cz -a m ` Qi?'1 <cz s o id n nX a ° PHS# ?58246/CLO 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 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS! SERVICING, LP Plaintiff v. TIMOTHY L. HASKINS JENNIFER D. 14ASKINS Defendant(s) Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 11-8433-CIVIL : CUMBERLAND COUNTY CERTIFICATION map N a -+ The undgrsigned attorney hereby states that he/she is the attorney for the Plaintiff agve oned matter and that the premises are not subject to the provisions of Act 91 because: r-;r_ ED ° A ( ) the mortgage is an FHA Mortgage 2 s ( ) the premises is non-owner occupied ( ) the premises is vacant -< cn (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3 943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: he allinan "Schm -LLP Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff - V. TIMOTHY L. HASKINS JENNIFER D. HASKINS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-8433-CIVIL CUMBERLAND COUNTY PHS # 258246 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OFjAMERICA, N.A. 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 946 ALEXANDER SPRING ROAD, CARLISLE, PA 17015-9183. Name and address of Owner(s) or reputed Owner(s): Name 3 4 TIMOTHY L. HASKINS JENNIFER D. HASKINS Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 946 ALEXANDER SPRING ROAD C -T7 CARLISLE, PA 17015-9183 946 ALEXANDER SPRING ROAD c? CARLISLE, PA 17015-9183 G? :z- Address (if address cannot be reasonably ?,? .. ascertained, please so indicate) w b pC CM 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) Countrywide Bank, FSB COUNTRYWIDE BANK, FSB C/O US RECORDINGS, INC. COUNTYWIDE HOME LOANS, INC. ATTN: KELLY GEORGE Mers as a nominee for Countrywide Bank, FSB 1199 North Fairfax Street Suite 500 Alexandria, VA 22314 2925 COUNTRY DR STE 201 ST PAUL, MN 55117 6100 OAKTREE BLVD STE 310 INDEPENDENCE, OH 44131 P.O. Box 2026 Flint, MI 48501-2026 MERS, INC. FORMERLY - 3300 SW 34TH AVE OCALA, FL 34471 AS OF 12/06/10 - 1901 E VOORHEES 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 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 khe sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT BANK OF AMERICA, N.A. MERS AS A 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. Atto ney for the Middle District of PA Federal uilding 946 ALEXANDER SPRING ROAD CARLISLE, PA 17015-9183 1800 TAPO CANYON RD Mail ID #CA6-914-01-43 SIMI VALLEY, CA 93063-6712 PO BOX 2026 FLINT, MI 48501-2026 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 1 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: By: P e an Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO COURT OF COMMON PLEAS BAC HOME LOANS SERVICING, LP CIVIL DIVISION Plaintiff NO.: 11-8433-CIVIL VS. TIMOTHY L.1 HASKINS JENNIFER % HASKINS : CUMBERLAND COUNTY Defendant(s) ?-- z NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: TIMO C a• C) HY L. HASKINS 7m r, 3 JENNI ER D. HASKINS pC = °` 946 AL XANDER SPRING ROAD C4 CARLI LE, PA 17015-9183 ,w **THIS FIRM S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USE FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS N OT 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 946 ALEXANDER SPRING ROAD, CARLISLE, PA 17015-9183 is scheduled to be sold at the Sheriff's Sale on 12/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanove Street, Carlisle, PA 17013 to enforce the court judgment of $167,656.56 obtained by BANK OF AMERICA, N. . 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 saale 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 i:ay 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 knay also be able to stop the sale through other legal proceedings. You ma} need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stoppin 1 the sale. (See notice on page two on how to obtain an attorney.) EVEN IF THE (SHERIFF'S SALE DO 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 oft the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The s edule shall be kept on file with the sheriff and will be made available for inspection in his office. This sc edule will state who will be receiving that money. The money will be paid out in accordance with this schelile unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10ays after the filing of the proposed schedule. 7. You may alsp 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 ORCANNOT 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. 11-8433-CIVIL BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP vs. TIMO HY L. HASKINS JENNIFER D. HASKINS owner(sp of property situate in the TOWNSHIP OF DICKINSON, Cumberland County, Pennsylvania, being (Municipality) 946 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $167,656.56 Phelan Oallinan & Schmieg, LLP Attorney or Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 17015-9183 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly described in accordance with a survey by Stephen G. Fisher, R.S., dated October 4, 1976, as follows: BEGINNING at a point on the dedicated right-of-way line of Alexander Spring Road T-467, said point being approximately thirty (30) feet North of the center line of said road and being also the southeast corner of Lot 2 of the hereinafter mentioned plan of lots; thence along the northern dedicated right-of-way line of T-467, South 651 degrees 15 minutes West 150 feet to a point; thence along the dividing line of Lots 1 and 2 of the hereinafter mentioned plan of lots North 24 degrees 45 minutes West 295 feet to a point; thence North 65 degrees t 5 minutes East 150 feet to a point; thence along the dividing line of Lots 2 and 3 of the hereinafter mention?d plan of lots South 24 degrees 45 minutes East 295 feet to a point on the northern dedicated right- of-way lime of T-467, the place of BEGINNING. CONTAINING 1.016 acres and being lot Number 2 of the Plan of Lots of Dickinson Farms recorded in the Office oft the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 29, Page 41. TITLE TO SAID PREMISES IS VESTED IN Timothy L. Haskins and Jennifer D. Haskins, h/w, by Deed from Ro ert Shannon and Nancy M. Shannon, h/w, dated 10/31/2005, recorded 11/01/2005 in Book 271, Page 35$9. PREMISES BEING: 946 ALEXANDER SPRING ROAD, CARLISLE, PA 17015-9183 PARCEL NO. 08-09-0523-039 ~_ .. . 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 v. TIMOTHY L. HASKINS JENNIFER D. HASKINS Defendants RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 11-8433-CIVIL AND NOW, this '~~-'~~~;- day of ~~ ~= 2012, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants 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. ~nti d~ y L.. 77Gts~ih 1 ~ ~e~ .~.-~'~~ fS ~ s~;.~s ~Dp %~S Ana, lcd ~0/i 7~i ~ y,?~2 BY THE COURT ;, ~- ~ J. ~ ,, -' __-~ 258246 Allison F. Wells, Esq., Id. No.309519 Phelan Hallman & Schmieg, LLP 1617 JFK Boulevard. Suite 1400 Ahiladelphia, PA 19103 TEL: (2l5) 563-7000 FAX: (2l5) 563-3459 TIMOTHY L. HASKINS JENNIFER D. HASKINS 946 ALEXANDER SPRING ROAD CARLISLF,. PA 17015-9183 258246 258246 -. r ._. r- w e. -, ''_ ;v/i ~U t~i~ PHELAN HALLINAN & SCHMIEG, LLP by: Allison F. Wells, Esquire, Atty. LD. No. 309519 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 2( 15)563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGF,R "LO BAC HOME LOANS SERVICING, LP Plaintiff ATTORNEY FUR PLAINT'1FF Court of Common Pleas Civil Division Cumberland County v. TIMOTHY L. HASKINS JENNIFER D. HASKINS Defendants No.: 11-8433-C_'1 VIL PRAECIPE TO SUBSTITUTE EXHIBIT To the Prothonotary: Please attach the following Concurrence letter and Certificate of Mailing as Exhibit "B" to Plaintiff's Motion to Reassess Damages which was filed with the court on or about October 12, 2.012. DATE : _ d ~/ Phelan Hallinan & Schmieg, LL.1' ~~~ _ ~- --__..._-_ w ~=_. / $~!__ ---_~- -. _-__. Allison F. elh~Esquire. Attorney for Plaintiff EXHIBIT "B" PHELAN HALL,INAN & St:NMIEG, I,I,P i61`~ John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215} 563-7000 I~AX#: {21 S) >63-3459 Phelan Hallman & Schmieg, LLP Representing Lenders in Pennsylvania and New .Iersey October 3, 2012 TIMOTHY I... HASKINS JENNII~I~R D. IIASKI~IS 946 ALEXANDER SPRING ROAD CARLISLE, PA 17015-9183 RF BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO RAC HOME LOANS SI~RVICING, LP v. "I'IMO"I~IIY [.. I-IASKINS and 1ENNIF'ER D, HASKINS Premises Address: 946 ALEXANDER SPRING ROAD CARLISLE, PA 1 ?01 `~ CUMBERLAND County CCP, No. 1 1-8433-CNIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess I.:)amages 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 one within 5 days, by Ucto~~er 9, 701 ?. Should you Have further questions or concerns, please do not hesitate to contact nee. Otherwise, please be guided accordingly. ~, . ~- ~. Very truly yo~~~rs; , ~'~~~ a/`r ~.. ,~ -_i`~11iau~.~~- ~'~e11~~Esq., Id. No.309519 Attorliey for Plaintiff Enclosw-e 258246 :~ ,. `; .S ~t N t70 ~n cv 0. ~ ..~ ~ .C ~ ~ ~ ~ ~ ~ `yid' a °` ~~ ~Q .~ C ~ V °° x ~ ~ ~ w ~~~ ~' a~~0.~ ~I v C1 y V1 z¢o ~ =~r~ ._ ~ ~~~~; .? a 'v ~ C o a R e ~ g u ~y ~~ - ~ :, ~ :: ~ ~ o ~~.,c nau ~a 3 ~`~aS E~ ~ 3~'A a"~ ~ `~ "ro `~ v v ~ ~ ¢ » u ss ~ _ ~ p r' ~ ~~ O c ^p v V ~;H O w = A ~~ V.~ '~ Qo aaq~q~ C V9 C -~~ ~ O G C ~ C ~~y W ~~ G ~ ~ D £ M ~~NO! ~^. p Vi .G. C _`.~~~ v m~ ~ P ~ F 4 ~ t37 v a n C R r ~ . 44 a 0 a ~~ ~ r By: Allison F. Wells, Esq., Id. No. 309519 1617 :IFK Boulevard, Suite 1400 One Penn Center Placa Philadelphia, PA 19103 2l 5-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff v. TIMOTHY L. HASKINS JENNIFER D. HASKINS Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No.: ll-8433-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to Substitute Exhibit was sent to the following individuals on the date indicated below. TIMOTHY L. HASKINS JENNIFER D. HASKINS 946 ALEXANDER SPRING ROAD CARLISLE, PA 17015-9183 DATE: V~ t/ Phelan Hallinan & Sch~~~ ,~ ~~ _ ~~ ,..- Allison F. Wells, Esq., Id. No. 3095 I9 ATTORNEY FOR PLAINTIFF Phelan Ha.llinan &Schmieg, LLP _. ; ~- Allison F. 'Jells, Esq.., Id. No.30951~~~~ ~ ~ '~ ATTORNEY FOR PI,AI'_~IT[FF' 1617 .t FK Boulevard. Suite 1400 ~~ , .. ~~„ _ ~; Ci ~ ,; ~ j ` One Penn Center Pla2:a '--~ ~ - ~ -- Philadelphia, PA 19103 215-563-'000 BANK OF AMERICA, N.A. SUCCESSOR BY Court of Common Pleas MERGEF: "CO BAC HOME LOANS SERVICING, : LP Civil Division Plaintiff CUMBERLAND County v~, No.:ll-8433-CIVII. 1~IM0"THE' L. HASKINS JENI~1IfER D. HASKINS Defendants CERTIFICATION OF SERVICE I lereby certify that a true and correct copy of the Court's October 17, 2012. Rule directing the Defendants to show ca~.lse as to why Plaintiff s Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated belc~r~~. TIMOTHY L. HASKINS ,IENMFER D. HASKINS 946 ALEXANDER SPRING ROAD CARLISLE. PA 17015-9183 DA(l E: ,.- Phelan HMI' Schmieg, LLP /~ By: ~_ - A ison ,. Wells, Esq., Id. No.309519~ Attorney- for Plaintiff 258246 Phelan Hallinan & Schmieg, LLP ~2 ~4~ -~ AN l0' 1 ~ Melissa J. Cantwell, Esq., Id. No.30~~12 O~ ~„~,TTORNEY FOR PLAINTIFF 161'7 JFK Boulevard, Suite 1400 ~: ~,~ ~E ~~ L r~ ~ C One Penn Center Plaza ~~~`'~~~~'~~'~`~~ Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP Civil Division Plaintiff CUMBERLAND County vs. No.:ll-8433-CIVIL TIMOTHY L. HASKINS JENNIFER D. HASKINS Defendants MOTION TO MAKE RULE ABSOLUTE BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 11, 2012. 2. 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 Defendants on October 3, 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit "A". 3. A Rule was issued by the Honorable Christylee L. Peck on or about October 17, 2012 directing the Defendants to show cause by November 6, 2012 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "B". 258246 4. The Rule to Show Cause was timely served upon all parties on October 31, 2012 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "C". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of November 6, 2012. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. P lan Ha ~nan & ieg, LLP DATE: By: Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff 258246 Exhibit "A" 258246 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 3, 2012 'TIMOTHY L. HASKINS JENNIFER D. HASKINS 946 ALEXANDER SPRING ROAD CARLISLE, PA 17015-9183 RE: BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP v. TIMOTHY L. HASKINS and JENNIFER D. HASKINS Premises Address: 946 ALEXANDER SPRING ROAD CARLISLE, PA 17015 CUMBERLAND County CCP, No. 11-8433-CIVIL 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 October 9, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly,,,,,,.,,. Very truly t~,~ljissu~-F:-, Esq., Id. No.309519 Attorney for Plaintiff Enclosure 258246 ~; ,1 ~, `° ~^ k. ~3k1 C ~~~i {' At "s ~ i t ~ ~! 1 '.ti Al ~ ~ 1 : i ~ 1 ~ 1 ~' Y ~- ~{ } ~: 7 . j }( I I ,- rt ( ~r ~ i 1~..€ ~- ~F.@.#"~ ~ .r~ jL') if 'k~ ,..~~~ ~, ,~ ~ ~ r ~ , 1 ~,'' L 4= ~ 8 ~~ "4 ~ ~~ Ls 1 ~ } ;., ~, r 3~ L Exhibit "B" 258246 s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ' PENNSYLVANIA BANK OF AMERICA, N.A. SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, Lp Civil Division Plaintiff . CUMBERLAND County v. No.:ll-8433-CIVIL TIMOTHY L. HASKINS JENNIFER D. HASKINS Defendants RULE AND NOW, this ~°~ ~ _r: day of ~ ~~-~~2012, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. ' Defendants 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. R~' THE COURT G' ,J E.;; T r~+ ~ ~f ~ i°- iJ l ~ .~. ~:- ~ -e_ „ ._.. +~ •__.~ t~ 258246 Exhibit "C" 258246 i Phelan Hallinan & Schmieg, LLP 's' i ~a'il~~ --• ~ ;_~ ~~: ~ ~ Allison F. Wells, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF ,.;~, t;~~'i~t ~~A laG~t~?~Y 1617 JFK Boulevard, Suite 1400 ,; ~ ~_, ~~ ~ ~,~~ ~ ~~ One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY . Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, Lp Civil Division Plaintiff CUMBERLAND County vs. No.:ll-8433-CIVIL TIMOTHY L. HASKINS ; ~ ,~~~i ~±!!~ %~ JENNIFER D. HASKINS '°~,k ` Defendants CERTIFICATIQN OF SERVICE. I hereby certify that a true and correct copy of the Court's October 17, 2012 Rule directing the Defendants to show cause as to why Plaintiff s Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. TIMOTHY L. HASKINS JENNIFER D. HASKINS 946 ALEXANDER SPRING ROAD CARLISLE, PA 17015-9183 DATE: Za-- Phelan Halli~r~Schmieg, LLP A i~on-T`.'Wells, Esq., Id. No.309519 Attorney for Plaintiff 258246 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 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP : Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County vs. : No.:11-8433-CIVIL TIMOTHY L. HASKINS JENNIFER D. HASKINS Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. TIMOTHY L. HASKINS JENNIFER D. HASKINS 946 ALEXANDER SPRING ROAD CARLISLE, PA 17015-9183 Phelan Hall'nan & Schmieg, LLP DATE: By: Me issa J. Cantwell, ., d. No.308912 Attorney for Plaintiff 258246 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.R. SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP Civil Division Plaintiff vs. CUMBERLAND County No.: 11-8433-CIVIL TIMOTHY L. HASKINS JENNIFER D. HASKINS Defendants ORDER AND NOW, this /~f ~~ day of `fD2~~'~-~c.~t~2012, upon consideration of Plaintiff's notion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants 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 $145,515.18 Interest Through December 5, 2012 $26,452.97 Late Charges $50.07 Legal fees $1,750.00 Cost of Suit and Title $1,436.39 Property Inspections $360.00 Non Sufficient Funds Charge $20.00 258246 Escrow Deficit TOTAL $10,061.41 $185,646.02 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriff s commission is not included in the above figure. BY THE COURT:, , ~~ J. c-~ ~ r-;" -, c ~, ~ t~ s _s., ~~~, CJ7 ~,_,. r~ ~~.., y.C t;J c3 ~a ~xge /,.~~, ew ~ -F~ ~ Ti~,~.y ¢ Shw~~~ ~',~i~s ~pp;~ /~ ~~ ~f~i~l is 258246 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff 1617 JFK Boulevard. Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 21 ~-56 ~-7000 BANK OF AMEKICA, N.A. SUCCESSOR BY MERGEK TO BAC HOME LOANS SERVICING, LP Plaintiff vs. TIMOTH~~" L. HASKINS JENNIFEK D. HASKINS Defendants CUMBERLAND COUNTY COUKT OF COMIC-10N PLEAS CIVIL DIVISION NO. l I-8433-CIVIL 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, to TIMOTHY L. HASKINS and JENNIFE~;K D. HASKINS on OCTOBER 9, 2012 in accordance with the Order of Court dated MARCH 26, 2012. The property was posted on OCTOBER 15, 2012. Publication was advertised in THF. CUMBERLAND LAW JOURNAL on OCTOBER 19, 2012 & in THE SENTINEL cm OCTOBER I0, X012, The Lmdersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. X4904 relating to the unsworn falsification to authorities. Phelan Hallinan & Schmieg, LLI' Jon Lobb, Esq., Id. No.312174 Attorney for Plaintiff ., - ..y - r IN TIIiE COURT OF COMMON PLEAS ' CUMBERLAND COUNTY, PENNSYLVAMA BANK OF AMERICA, N.A. SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP Civil Division Plaintiff vs. TIMOTHY L. HASKINS JENNIFER D. HASKIlVS Defendants . +CUMBERLAND County ~'("~~ ~, ~~ R ~ _ -r _at_.7 AND NOW, this ~~ day of IK~ , 2012, upon consideration of Plaintiffs motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED, that said Motion is GRANTED. It is further ORDERED and DECREED that 1 ~la~,~ay obtain service of the Complaint and all future pleadings an the aborr~; ~II~ i~`ts, TIMOTHY L. HASKINS and JENNIFER D. HASKINS, by: 1. Posting of the premises: 94b ALEXANDER SPRING ROAD CARLISLE, PA 17015 by the Sheriff or anon-party competent adult; and 2. First class mail to TIMOTHY L. HASKIN5 and JENNIFER D. HASKFNS at the mortgaged premises located at 946 ~i~~~~- ~~G ROAD, CARLISLE, ~ ~~~' PLEA PA 17415. 3. Publication in accordance with PA, R.C.P. 430. PH5# 258246/CLO ~, .., r y It is further ORDERED and DECREED that counsel for Plaintiff is"hereby directed to file a certificate of service with the Prothonotary's office to ensure compliance with this Court Order. BY THE COURT: K_~~~ ~ ~~_~~ J. Cc:TIMOTHY L. HASKINS JENNIFER D. HASKINS 946 ALE)U~NI)ER SPRING ROAD, CARLISLE, PA I7U15 C ~ -n _ tia S 4 '~ ~ ~ ~ ~~ ~~ ~ ~O ~p is n:~ ~~ 25 0~ -a cn ~ -r w ~ PHS# 2587A6/CLO C N c x e z O O C'~ n N C ~M z --- - - ~ o i ~ r: R _z N -. o ~ 00 v Cn v~ ~ w r.~ ._ -. ~ -+.- ~^ , =~ ~~ z ~ y ~- ~- ,~ ~. a ^ ~ ~ ~ Z ~ ~ ~ w _ w ~ ~ Z ~ `~ R~ a ~~ ~ ~ ~ r~~ r~ K =a N O n C~~~t~~, v o ~n -~ ~ .a Z C 'b ~' r • c~ ~ 2 ~ .c ~~=;avz ~,~ ar o~,~o~X ~ ~ '~ x i z z - ~ ~ ~ n j 0 0 Op wn wn -~ ~ ~ z ~ r. ~ -~ a U , :- y y ~; I °~ ~ o v c ; a w ~ ti ~ ~ z y N ry R ff ~~ ~,, i I i { i ~. . ~~, i ~~ ~ ' ~~ ~, ~ i ~~ ,i ~ ~ m nc '~,.., ~ ~ ~~ ~~T!,. ~ f` 1 ~ 1. ~1• ~ ! ... .. .. uxi~t 0 `' a m ~ Q- 3 ~ ~ ~ ~ y A~ rt p '~ a ii pox ~. ~ ~ A ~ ~ ~~z a a Y ~ r z ~~~ Wiz c R° ,~ ~~ ~~ ~, A O C PL:INTIFF BANK OF AMERICA, N.A. SUCCESSOR I3Y MERGER TO I3AC H01IE LOANS SERVICING, LP DEFI?NllANT TIA~IOTH}~ L. HASHINS JENNIFER D. HASKINS PHS # 258246 SERVICE TL;AM/ lx' ~ COURT NO.: ll-8433-CIVIL. SERVE 'IMOTHY L. HASKINS AT: TYPE OP' ACTION 946 ALEXANDER SPRING ROAD ~X Notice of Sheriff's Sale CARLISLE, PA 17015-9183 SALE DATE: December 5, 21112 '~`*PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER**PLEASE RUSH POSTING ~'~"~ sE xvr:D ~'M Ser ~.~d anu made knows. to TIMOTHY L. HASKINS, Defendant on the ~S day of ~GTcG'~~ . ~'0 L ='- . a~. -~t. ~.S , c~clock ~. M., al 946 .ExANUE(Z J~-NC-- ~,, in th~~ mannc.i described below: L)efenclant personally sensed. I5i-~t ~/'~, _ ~Adu1~ I:~mily member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to rive name or relationship. __ Manager/Clerk of place of lodging in which Defendant(sj reside(sj. _ 1~~ent ,~r person in charge of Defendant's oftice or usual place of business, _ __ _ an officer of said Defendant's company. ;~ Other __~~~~. Dexription: Age Height _ Weight _ Race __,___ Sex Other ~OST'E~ I. ___ ~ ~ __, a competent adult, hereby verify that 1 personally h~€xI a true and correct copy of the Notice of Sheriffs Sale i^ the manner as set forth herein, issued in the captioned case on the date and at die 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:. ~C I 1 :~ NAME: ----- ~ ~~.~ _ PRIN'FEDNAME: %:!!•' ~>_-.~I T1T1.E: ~``.~ ~. NOT SERVED On the day of , 20 , at <i clock _. M., [. , a competent adult hereby state that Defendant ?~T FOUND because: _ Vacant _ Docs Not Exist _ Moved _ Does Not Reside (Not Vacant) Nc .Answer on at at Sertice Refi~ised Other: I ~,mderstand that this statement is made subject to the penalties of 1S pa. C.S. Sec. 49(14 refatin~~ to unsworn fnl~ification to authori[ii~s. Bl PR I'VTF.D 'SAME: ATTORNEY FOR PLAINTIFF Lawrence "C. Phelan, Esy., Id. No. 322'_7 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmice. Esy., Id. No. 62205 Michele M. Bradford, Esq.. Id. Nu. 69x49 Judith T. Romano. Esq.. Id. No. 5874`1 .Ieninc R. Davey, Esq., Id. Nu. 87077 Lauren R. Tabas, Esy., [d. No. 93137 Jay B. Jones. Esq.. Id. No. 86657 Andrew L. Spivack. Esy.. Id. No. 8~1-119 Chrisovalantc P_ Fliakos. Esq.. td. N~~ 94620 Courtenay R. Dunn. Esq_ [d. N~~. 206779 Allison F. Wclis, Esy., Id. l\n. ?09519 Melissa J. Cantwell, Esy.. Id. I\u. 30891' Mario .i. Hanyon. Esy., Id. Nu. `_'03993 Andrew J. Malley. Esq.. ld. No. 3123 i ~l AFFIDAVIT OF SERVICE (FHLMCI CUMI3F,RLANL- COUNTY 9 PL;1lNTIFh BANK Oh AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HODIF: LOANS SERVICING, LP DEP'GNDAN'I TI>\1O'I'Hl~ I,. HASKINS .II?NN1Fl?It D. HASKINS PHS # 28246 SERVICE TEAM/ Ixlt COURT NO.: 1 1-8433-CIVIL. SERVE JENNIFER D. HASKINS AT: 'T'YPE OF ACTION 946 AI,EY:~NDER SPRING ROAD XX Notice of Sheriff's Sale CARLISLh:, PA 17015-9183 SALE DATE: December 5, 2012 " 1'LE.ASH: POST PROPERTY IN ACCORDANCE WITH THE COI'RT ORDER~=~`PLF..ASE RUSH POSTING **'F CFRVFi 11 Su ~~~d anU made known to JENNIFER D. HASKINS, Defendant on the ~ day of C Gfit;f~ .yft_. ?h }-~~ r~~5. c~'c'ock~. M., at q46 x ~ Sj~/L~u~ ~~ . in the mann~i described below: _ (h:faui<ant pea sonally served. (~}(LLi 5 LG~ }~~ ~ adult f_imily member with whom Defendant(s) reside(s). Reiutionship is ~'ulult 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). 1~~ent ~x person in c;~arge of Defendant's office or usual place of business. an officer of said Defendant s company. i/ Other: __ a57~iZ p{Ztf~~~ De~~cription: Agc ___ Height Weight _ Kace __ Sex Other ___ F~~~-~-D I. , a competent adult, hereby verify that I personally-hanrh~d a true and correct c~~py of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date anu at the address indicated t~bove. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. a~if14 relating to unsworn falsification to authorities. ~~ DATE: _-~!) ~~~ ~'~~ ~ `~ PKIN'TED NAME: TITLE: _ nrn~r cFRVF~n On fnc day of , 20 , at o'clock __. M.. 1. , a competent adult hereby state that D~endant ~'T F ND ecause: Vag ant Does Not Exist Moved Does Not Reside (Not Vacant? No Answer on at a[ Scl~ice Refused Uti i er 1 undcr~.tand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 rclatin~~ t~ ~msworn falsification to authorities. ti Y ATTORNEY FOR PLAINTII~'F Lawrence T. Phelan, Esq.. Id. No. 3"?227 Francis S. Hallman, F_sq., Id. Nu. 62695 Daniel G. Schmieg. Isy., [d. Igo. 622Q5 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., ld. No. 93337 Jay B. Jones. Esq.. Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84=139 Chrisovalante P. Fliakos. Esq., Id. No. 9-1620 Courienay R. Dunn, Esq., Id. Nu. ?06?79 Allison F. Wells. Esy., ld. Nn. 309519 Melissa .1. Carnwell, Esy.. Id. Nn. 30891 _' Mario J. Nanyon. Esq., Id. No. 30399_; Andrew J. Marley. Esq.. Id. No. 31231) AFFIDAVIT OG SERVICE IFHLMC) CUMBERLAND COUNTY ;' a ~~ .~ PROOF OF PUBLICATION OF NOTICE , IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 19, 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 mattet• of the aforesaid notice or advertisement, and that all allegations in the foregoin~7 statements as to time, place and character of publication are true. /~. `~ r I ~.~ ... ,L __....__..... Li Marie Coyne, Edi or SWORN T'O AND SUBSCRIBF,D before me this 19 day of October. 2012 ,f r/ / ' / Notary !~[3CRA,H A CCLwI",IS ~~ NCtciry puGl~c CARLISLE BCRCUGH, CUMEERLANC ~J:.i~T•'~ My Cnm~~~mission Expires Apr 28 2~J i v ~~ CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 11-8433-CIVIL BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING, LP vs. TIMOTHY L. HASKINS and JENNIFER D. HASKINS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: TIMOTHY L. HASKINS and JENNIFER D. HASKINS :Being Premises: 946 ALEXAN- DER SPRING ROAD, CARLISLE, PA 17015-9183. Being in DICKINSON TOWNSHIP, County of CUMBERLAND, Com- monwealth. of Pennsylvania, 08-09- 0523-039. Improvements consist of residen- tial property. Sold as the property of TIMO- THY L. HASKINS and JENNIFER D. HASKINS. Your house (real estate) at 946 ALEXANDER SPRING ROAD, CAR- LISLE, PA 17015-9183 is scheduled to be sold at the Sheriff's Sale on De- cember 5, 2012 at 10:00 A.M., at the CUMBERLAND County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the Court Judg- ment of $167,656.56 obtained by, BANK OF AMERICA, N.A. SUCCES- SOR BY MERGER TO BAC HOME LOANS SERVICING, LP (the mort- gagee), against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff Oct. 19 8 PROOF OF PUBLI~yATIO~T State of Pennsylvania, County of Cumberland Jackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being; duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December ]3tt', 181, since which date 'THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of T1-tE SENTINEL on the following day(s): October 10, 2012 COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALE IN THE COURT Of COMMON PLEAS OF CUMBER NOND"$433 CIVILNNSYLVANIA BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Vs. TIMOTHY L. HASKINS and JENNIFER D. HASKINS NOTICE OF~SHER FF S SALE OF REAL PROPERR D. HASKINS Being Premises: 946 ALEXANDER SPRING ROAD, CARLISLE, PA 17015-9183 Being in DICKINSON TOWNSHIP, County of CUMBERLAND, Commonweak4 of Pennsylvania, OS-09-0523-039 p p rtY Improvements consist of residential ro e Sold as the property of TIMOTHY L HASKINS and JENNIFER D. HASKINS Your house (real estate) at 946 ALEXANDER SPRING ROAD, CARLISLE, PA 17015-9183 is scheduled to be sold at the Sheriff's Sale on 12/05/2012 at 10:00 AM, at the CUMBERLAND County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the Court Judgment of $167,656.56 obtained by, BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP (the mortgagee), against the above premises. NHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Affiant further deposes that he/she is not interested in the subject matter of t:he aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time,, place and character of ptiL-~lication are tru ~. ~~ r ~ ~' -~~:~'- i Sworn to and subsc ibed before me this .I ~i'~ ~ Notary [ ul}Lic My commission expil•es: ~..~ ~~~a~~~ ~JC-r-,TS~Ai_ s~~a~ BfiNiBl ANN FdL-f`:KcNDO~",N h t i~ v f~l ~ 9 CANLIS~ E BOR 1~ a °; ~''~~~L ~~ ? Ct~.'T1' n ., __.,._.:~