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HomeMy WebLinkAbout12-1784FILED-OFFIC 11 6F F, PF;D Tt10ND TA B 2012 KAR 2Q AM IG: 32 CUMBERLAND COUNT`' PENNSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 286000 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. 0 0109-17 k y de;, v. CUMBERLAND COUNTY CHAD S. RHOADES 202 WEST MAIN STREET MECHANICSBURG, PA 17055-6227 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 286000 Q?(3). 4A eke ???43q? ?? a? a!¢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 #: 286000 Plaintiff is BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: CHAD S. RHOADES 202 WEST MAIN STREET MECHANICSBURG, PA 17055-6227 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/13/2003 CHAD S. RHOADES made, executed and delivered a mortgage upon the premises hereinafter described to AMERICA'S WHOLESALE LENDER which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book 1798, Page 3552. The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2011 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 #: 286000 6 The following amounts are due on the mortgage as of 12/06/2011: Principal Balance $105,753.25 Interest $4,103.97 05/01/2011 through 12/06/2011 Late Charges $0.00 Property Inspections $150.00 Non Sufficient Funds Charge 780.82 Subtotal $110,788.04 Suspense Credit 600.51 TOTAL $110,187.53 7. 8. Plaintiff is not seeking a judgment of personal liability (or an in person am 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 #: 286000 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $110,187.53, 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. PHE HALLINAN & SCHMIEG, LLP By: &Aqhe rushwood, Esquire Attorney for Plaintiff File #: 286000 LEGAL DESCRIPTION ALL THAT CERTAIN two and a half story brick dwelling house numbered 202 West Main Street, being the Western half of a double house, and lot of ground situate in the Borough of Mechanicsburg, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the building line of West Main Street and at a corner of property now or formerly of Henry S. Kane, Jr., and Elizabeth H. Kane, his wife; thence Eastwardly along the said building line 24 feet to a point on the Eastern line of an alleyway which separates the house herein conveyed and the house on the property now or formerly of Harry E. Mullen and Faye E. Mullen, his wife; thence Northwardly along the line of said property wich line runs from the point above mentioned to the corner of the two-story brick stable and garage building, a distance of 202 feet, more or less, to the South line of Strawberry Alley 22.5 feeet, more or less, to a point at the corner of land now or formerly of said Henry S. Kane Jr., and Elizabeth H. Kane, his wife; thence Southwardly along the line of said land now or formerly of said Henry S. Kane, Jr., and Elizabeth H. Kane, his wife, a distance of 202 feet, more or less, to the building line of West Main Street, the Place of BEGINNING. THIS CONVEYANCE is made subject, however, to the right of egress, ingress, and regress, on the part of the owners of the land adjacent hereto on the East, their heirs and assigns over the four (4) foot passageway at the rear of the lot herein conveyed, which extends Southwardly from the line of Strawberry Alley along the two-story brick stable and garage building on said adjoining land to the corner of said building and a few feet beyond. File #: 286000 THIS CONVEYANCE is also made subject, however, to the right of user on the part of the owners of the land adjacent hereto on the East, their heirs and assigns, in common with the grantees herein, their heirs and assigns, of the cess pool which lies in both tracts of land, in accordance with the terms and conditions set forth in the Deed from C. Richard Brandt and Pauline G. Brandt, his wife, to Irvin W. McConnell and Mary Susannah McConnell, his wife, dated December 3, 1941, and recorded in Deed Book M, Volume 12, Page 16. Parcel #19-23-0567-175 PROPERTY ADDRESS: 202 WEST MAIN STREET, MECHANICSBURG, PA 17055- 6227 PARCEL # 19-23-0567-175 File #: 286000 VERIFICATION ??G256P?i 4 / A< , hereby states tha&/s$e is?L& BANK OF AMERICA, N.A., Plaintiff in this matter, that&s]c-is 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(fi5/1r information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: /?A?H Sa 0/a Title: : BANK OF AMERICA, N.A. File#: 286000 Name: RHOADES File #: 286000 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson`, „YIz , 1 Sheriff - Jody S Smith Chief Deputy Richard W Stewart Solicitor ? 4th l a n?i ? ? 1th ')F - ?ll2F30 LVAMIA Bank of America National Association vs. Chad S. Rhoades Case Number 2012-1784 SHERIFF'S RETURN OF SERVICE 03/27/2012 09:03 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on March 27, 2012 at 2103 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Chad S. Rhoades, by making known unto Peggy Wilson, Mother of Defendant at 202 W. Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BURGS i i , DEITW SHERIFF COST: $38.00 March 28, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF 7rr f r a f .1 } C I l ?• ? f: C j?f311't 41DTA, PHELAN HALLINAN & SCHMIEG; L>?V` Zachary Jones, Esq., Id. No.310721 z 0 1617 JFK Boulevard, Suite 1400} LA1?0 COl3r'T One Penn Center Plaza ,,.f t1BER Philadelphia, PA 19103 PENNSYLVANIA 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP VS. CHAD S. RHOADES Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : No. 2012-1784-CIVIL 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 CHAD S. RHOADES, 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 $110,187.53 $110,187.53 I hereby certify that (1) the Defendant's last known address is 202 WEST MAIN STREET, MECHANICSBURG, PA 17055-6227, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date Zachary Jone Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: S b ?? Pxs # 286000 PROTHONOTARY Ct µ,•I6- Pd4H'J Q 71 S 286000 NC)?U ?uC44, If-J PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Zachary Jones, Esq., Id. No.310721 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC COURT OF COMMON PLEAS HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS CIVIL DIVISION SERVICING LP VS. No. 2012-1784-CIVIL CHAD S. RHOADES . 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 CHAD S. RHOADES is over 18 years of age and resides at 202 WEST MAIN STREET, MECHANICSBURG, PA 17055-6227. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 5?Al A L chary Jone ire Attorney for P aintiff 286000 (Rule of Civil Procedure No. 236) - Revised BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP VS. CHAD S. RHOADES CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 2012-1784-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on J a By: If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Zachary Jones, 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 A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIO USL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * 286000 BANK 01, AMERICA, N.A., :SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, I"P FKA COUNTRYWIDF HON413 LOANS SF,RVICING'.P Plaintiff COURT' OF C'ONIVION PLL?.A5 CIVIL, DIVISION NO 2012-1.784-CIVIL C'T_,MBLRI.AND ('Ot'NTY C IIAL) .? RHOA )1_;w l)wfendant(s IY=r (A JAD S. RHOADES 202 WI S" MAIN ST'RI..Y'T MI CTIANICSBURG PA 1705x51-,(1227 DATE, OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COL.LE('T A DEBT. THIS NOTIC11; IS SENT "R) YOU IN AN ATTEMPT TO COLI.I,;.C'I' THE INDEBTEDNESS (:I FI:RNF;D TO IIFRF.IN. AND ANY LNFORMATION OBTAINED FROM YOU WILL. RE U'S> D I-OR TT.IAT 1'i 100SF.. II' YOU HAV.F PREVIOUSLY RECEIVED A L)ISClIAR(ifi IN RANKRUI`['( Y, -LILTS C'OKRESPONDENC'E IS NOT AND SHOULD NOT BL CONSfR1,11) TO 11F AN aT-Ff7MPT TO C'O1 1+,CT A DEB'T, RUT ONLY AS I;NFOR('FIVIF.NT ( I IFN ,A(,,%INS"1 PROP! 1:I'Y. IMPORTANT NOTICE YOU ARE W DEFAULT BECAUSE YOU HAVE f RILL: D TO L \ T R A W'RITI'E:N 11'PI_ARAN"Cl PERSONALLY OR BY ATTORNEY AND FIIA: W WRI'HNG WITIi 'i l ll COUR'l YOUR DT.FENSI S OR. OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNI_:L::SS YOU AC"T l?fl'T'I3TN TEN DAYS FROM THE DATE OF'T'tTI:S NOTICE, A JUDGMENT MAY BT: F,NTERED AGAINST YOU WITI-TOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGFI'T'S. YOU SH)L;1_,D TAKE' THIS PAPER TO YOtJR LAWYER AT ONCE. IFY011.1 DO NOT HAVE A I-AWYER, GO 'I`0 OR TI?LFPHON'E 'rm Ol~I I :Fl SET FORTIT RTLLOW. I'I IIS OF7;I(TI CAN PROVII)F Y'O(;- WITH INFORMATION ABORT HIRING A LAWYER IT YOU CANNOT AFFORD TO HIRE A. LAWY17 ' R., THIS OFFIC'E' MAY i3F: ABI.F F() PROWIA: YOU WI'T'H INFORMATION ABOUT AGENCIL?S THA`I' MAY OFFER I.E(r,'vI. SERVICES 1'O IT,1(iIBLI?. PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary (,'u bcdand County Courthouse; I COLtr.IWLISe Square Carlisle. PA 1701:3 ("? i 7) 240-6195 ClYMBERLANT) COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURT'IK)USE 2 LBFRTY AVI,NC1E CARLI.SLI . PA 17013 ('717', 2414-3166 By; _... .. ?._ _._ - attLter 3ru hwoad, Esquire Attorney for Plaintiff Phelan Hallinan & Schrnit-g, 11,11 1617 JFK Boulevard, ,S:.jitc 1400 One Penn Center Plaza Philadelphia, PA 19103 I'NS it Z"-16000 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 FKA COUNTRYWIDE HOME LOANS SERVICING LP CIVIL DIVISION Plaintiff v CHAD S. RHOADEIS Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 05/11/2012 to Date of Sale ($18.11 per diem) TOTAL NO.: 2012-1784-CIVIL CUMBERLAND COUNTY $110,187.53 $2,136.98 -, _'i N _ ,_y Note: Please attach description of property. PHS # 286000 O 5 d8.5c> Qn A`ny 38. co C8f 103.5 1(0.50 a.50 u 4,2.a,5 4?ue Co 5 0 LL e.#-1Iq 0q&g3 P-# 1 7to 0 K? Pan Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff x w a a z U HI >w>? TVT^1 vl O x U O H a w ?a ?a °a o w .. O z o° Ux 4-I U W U > z 0 H U w w w 0 w -? 3 C) o cis o ? W CQ V A ?w 0 0 bA O r- D N O N L ? cl) Vr1 W Q a3 QZW? O. ¢¢pa 3 o W Q U N 00 00 00 0 M O z ab ? W U ,x Y cl, µy U 4 T w PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 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 FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff V. CHAD S. RHOADES Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2012-1784-CIVIL 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 ( ) Act 91 procedures have been fulfilled (X) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: 0 an Hallinan & Schmieg, LLP hn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff 7) - C Zy: J BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff V. CHAD S. RHOADES Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2012-1784-CIVIL CUMBERLAND COUNTY PHS # 286000 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, Plaintiff in the above action, by 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 202 WEST MAIN STREET, MECHANIICSBURG, PA 17055-6227. 1. Name and address of Owner(s) or reputed Owner(s): 7) Name Address (if address cannot be reasonably ascertained, please so indicate) r rn L r CHAD S. R140ADES 202 WEST MAIN STREET MECHANICSBURG, PA 17055-6227 2. Name and address of Defendant(s) in the judgment: ?- Name Address (if address cannot be reasonably ascertained, please so indicate) - SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) BOROUGH' OF MECHANICSBURG BOROUGH OF MECHANICSBURG C/O DAVID J. SPOTTS, ESQ. COMMONWEALTH OF PA DEPT. OF REVENUE BUREAU OF COMPLIANCE COMMONWEALTH OF PA DEPT. OF REVENUE BUREAU OF COMPLIANCE 36 WEST ALLEN STREET MECHANICSBURG, PA 17055 36 W ALLEN STREET MECHANICSBURG, PA 17055 DEPARTMENT 280946 HARRISBURG, PA 17128-0946 P.O. BOX 280948 HARRISBURG, PA 17128-0948 1 4;, 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 the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION 202 WEST MAIN STREET MECHANICSBURG, PA 17055-6227 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE, TPL P.O. BOX 8486 CASUALTY UNIT, ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105 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 U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: ,? S 12 By: P Ian Hallinan & Schmieg, LLP John Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO COURT OF COMMON PLEAS BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP CIVIL DIVISION Plaintiff NO.: 2012-1784-CIVIL VS. CUMBERLAND COI. lNTY, CHAD S. RHOADES ?? Defendant(s) ' =p. i , NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CHAD S. RHOADES 202 WEST MAIN STREET. MECHAN'ICSBURG, PA 17055-6227 "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 202 WEST MAIN STREET, MECHANICSBURG, PA 17055-6227 is scheduled to be sold at the Sheriff's Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $110,187.53 obtained by BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE 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.) YOUR PRO TAKE PLA U 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN two and a half story brick dwelling house numbered 202 West Main Street, being the Western half of a double house, and lot of ground situate in the Borough of Mechanicsburg, County of Cumberland,',and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the building line of West Main Street and at a corner of property now or formerly of Henry S. Dane, Jr., and Elizabeth H. Kane, his wife; thence Eastwardly along the said building line 24 feet to a point on the Eastern line of an alleyway which separates the house herein conveyed and the house on the property now or formerly of Harry E. Mullen and Faye E. Mullen, his wife; thence Northwardly along the line of said property wich line runs from the point above mentioned to the corner of the two-story brick stable and garage building, a distance of 202 feet, more or less, to the South line of Strawberry Alley 22.5 feeet, more or less, to a point at the corner of land now or formerly of said Henry S. Kane Jr., and Elizabeth H. Kane, his wife; thence Southwardly along the line of said land now or formerly of said Henry S. Kane, Jr., and Elizabeth H. Kane, his wife, a distance of 202 feet, more or less, to the building line of West Main Street, the Place of BEGINNING. THIS CONVEYANCE is made subject, however, to the right of egress, ingress, and regress, on the part of the owners of the land adjacent hereto on the East, their heirs and assigns over the four (4) foot passageway at the rear of the lot herein conveyed, which extends Southwardly from the line of Strawberry Alley along the two-story brick stable and garage building on said adjoining land to the corner of said building and a few feet beyond. THIS CONVEYANCE is also made subject, however, to the right of user on the part of the owners of the land adjacent hereto on the East, their heirs and assigns, in common with the grantees herein, their heirs and assigns, of the cess pool which lies in both tracts of land, in accordance with the terms and conditions set forth in the Deed from C. Richard Brandt and Pauline G. Brandt, his wife, to Irvin W. McConnell and Mary Susannah McConnell, his wife, dated December 3, 1941, and recorded in Deed Book M, Volume 12, Page 16. TITLE TO! SAID PREMISES VESTED IN Chad S. Rhoades, single man, by Deed from Bruce A. Ruth and Patricia K. Ruth, his wife, dated 02/14/1998, recorded 02/23/1998 in Book 172, Page 407. PREMISES BEING: 202 WEST MAIN STREET, MECHANICSBURG, PA 17055-6227 PARCEL NO. 19-23-0567-175. SHORT DESCRIPTION By virtue of a Writ of Execution NO. 2012-1784-CIVIL BANK OF ;AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP VS. CHAD S. RHOADES owner(s) of property situate in the BOROUGH OF MECHANICSBURG, Cumberland County. Pennsylvania, being (Municipality) 02 No. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $110,187.53 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphian PA 19103 215-563-70010 170 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-1784 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: 'To satisfy the debt, interest and costs due BANK OF AMERICA, N.A., Successor by merger to BAC HOME LOANS SERVICING,LP, f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff (s) From CHAD S. RHOADES (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: $110,187.53 L.L.: $.50 Interest from 5/11/12 to Date of Sale ($18.11 per diem) -- $2,136.98 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $189.25 Other Costs: Plaintiff Paid: Crate: 6/172012 , David D. Buell, Prothonotary (Seal) ?- Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 PHILADELPHIA. PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 j. _ _ - ~ _ i ~~L ~j E~~lti iYiR.~t ~,. L~~ ni~~~ ~ ~ ~ilf ~~' s_}t1 ~'~~11~5YL1~'~-r~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff v. Court of Common Pleas Civil Division CUMBERLAND County No.: 2012-1784-CIVIL CHAD S. RHOADES Defendant ~ RULE 6 AND NOW, this ~ day of ~i~. ~ ~ ~ 2012, 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 CO T J. 286000 L ER A~~ A TO B, LING L~? ,NOADE Fh~s ~< ,hy an ,aV~ h a~S~s f~Matthew Brushwood, Esq., Id. No.310592 Phelan Hallman & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ~ CHAD S. RHOADES 202 WEST MAIN STREET MECHANICSBURG, PA 17055-6227 ~p; ~'S l~ ~le~d ~~i3 , /a ~i /CHAD S. RHOADES 32 FALLING SPRINGS ROAD LANDISBURG, PA 17040 286000 "S~Itat ~~ ~'C' = fiQ~~d~TAt;~t, PHELAN HALLINAN & SCHMIEG, LI,P Matthew Brushwood, Esq., Id. No.31059:? 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaint~~~ ~~~ a ~ 4 ~~ ~~. f 3~,u~~~~~RL~r~o ca Nr~ ~~P~PdSYLYANI~ IN THE (:OURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., SUCCESSOR BY CUMBERLAND COUNTY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS COURT OF COMMON PLEAS SERVICING LP Plaintiff, CIVIL DIVISION v. No.: 2012-1.784-CIVIL CHAD S. RHOADES Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY 1 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 attach ~,to xhibit "A". I~Iatthew Bruslyu~e~Li; `O ~ ttorney for aintifl' Datc: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 286000 . J ~ ~ r T ; J~ = Z' ~ C QC. ,J ?~. Vl W FJ - ro I ~' T .. ,~ _ Y, K. %. %. x, %, X. X, w~ 7J !'='1 YrJx r f ~ ,;,-cr 01 YL f'~r" ^C 3; "'"C S,.;~.^. ~,S~J"'_' 2 ~'."~-fv x;'~ YO^v 57 ~+rO 7 ^ ~. .. ~ a a7 rP z -i .,,,N ~" ce w ~ W ~ p x ~ -. i Y N j . W ~ ~ IBS Ty T ~ N C~ ^ ~ ~ J] '_"•~ µ" ~% :+';".~+' ~'1Ii ^ny~l =r~S.~-~- `~~'~o~ CC?ri~ ~N~ C'~~ /%r, M_~ /Y 1' -•' ~ ~ti ~ ~ ii ~ L ~ ',T. .r ~ :~ JE ~ r Y Y ~"' 7: ~ x 7 P'wv. 'rl ~ ~ :T. ~ ~ ;~ V: ~' ~ U. ~- v :f r'' n G. , ~ T ' ' ' x ~ Y T~ y~ ~ Y ~ o lv~ Y Y ~ -j a -~ -] Yx ~M,/ rr '^ „J~ u a :, Z.^.. ~ j ~ e r~..~i J-'"+'; : wx C av 'C ~~ ~x y x ~~Lx '7 .'3 ` ~' 'C ~T "~ t !V ~'"j t~t~ O . ., _ ~ •~ ~ ~ - r J ~~ T. IJ T 1 ,l a `L ~ 7 !, x ~ ~ ~ ~~ ~ a ~ , , Y Y A ~ M+ .~' T v '~ Y rr: T JC C' M ` ~ ..t ~ f VI M J ,..i Y n f '~'[- 7. ~% "i" :1 77 R', 7 .;C i .H ~ ~ 4 c .1 tT = a , ~, Jl ,;~: o UI s CD '~ ~ I .,. U; r U' UI ~ ~ r'~ n ~T p . w 1 ~ ;- / T > '/ ~ ~s r p ~ta U , ~ N O .~ Y ~" v am _ . y M L .. K L i ~, Y ~ ~ `t M ~~ ~ ~ u ~f ~~y V ~ 1 ~ f ~ •T• rf r Y p y a > ~ `_v ~ ? ? _ 5~ ~ d.. l s ~ '.~ F !~ j ~ ;~ ~ ~i y ~ ~' ~ I ~ p pj r 3 ~ @ .~ n ~ , rv ~ ~~ o ~ _ ~ ~ t'Tj 7.1 1i _° I Y z ~. _ w tTS ~~,g~~ -. _ y w ;' T~~ ~G. ' o. ~ C ~ ~. ~ a V` a r ~ 2~ '-~, .. W .8 <, r 3 Y ~' ~ y ~ r t P :7 G.'" if 'O 0. ~ O. R ~:. C: '. ~ ' ''. . : y " ~ ~ ' ~ GL Pf : 3- ~ J ~ '. ~ ~ ~ ~ J? ~. _C 7 N ~ rv -: _ __- __ _ w ___ c ' C ~ E Q _ ~ ~' ,Y ~ S/I ~ ~ V < ry A ~ € l9 F ) J a m 3 { E E f _ n ~ ~ ~ _ [ ~ ~ r ' a ~ { S __.__ E 2 c ~n -' _ __.___ _. x ~ t i ~ ~ r, w € ~ - i c .3 -,-~ - }, J L.., ''. ~' U CD ~ C; 0. cn jO -~i ~. 1 S C9 'l C^ fD . ~ " C+ C j. .S `- ~+ -~ .b s: ry' U N A% (/; C m C9 r~ ~ (_. ~ ~ il~~ r ~0~2 auc ~~ QM ~: i ~ c~~t : ~~~ ca rY Phelan Hallman & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY Court of Comm lei MERGER TO BAC HOME LOANS SERVICING, ~ -o LP FKA COUNTRYWIDE HOME LOANS Civil Division ~ c ~ ~~ -+ SERVICING LP ~ Plaintiff CUMBERLAND~o ~ . ~ ;~-~ o vs. No.: 2012-1784- y . ILA ~ rv -< CHAD S. RHOADES -° o Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 13, 2012 Rule direc~ 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. CHAD S. RHOADES CHAD S. RHOADES 202 WEST MAIN STREET MECHANICSBURG, PA 17055-6227 CHAD S. RHOADES 32 FALLING SPRINGS ROAD LANDISBURG, PA 17040 elan Hal c ieg, LLP AU6 17 1011 DATE: By: _ Melissa J. Cantwell, quire Attorney for Plaintiff S n -~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff .-~~ ~ui1(3~'T ~~ Aug 10~ ~~ c~~MaE~L~#ti~ c;~u~t ,~ PENNSYLVANIA Jody S Smith Chief Deputy Richard W Stewart Solicitor Bank of America National Association vs. Chad S. Rhoades Case Number 2012-1784 SHERIFF'S RETURN OF SERVICE 06/19/2012 04:38 PM -Deputy Michael Garrick, 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 202 W. Main Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County. 06/19/2012 04:38 PM -Deputy Michael Barrick, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Peggy Wilson--- Mother, who accepted as "Adult Person in Charge" for Chad S. Rhoades at 202 W. Main Street, Mechanicsburg Borough, Mechanicsburg, PA 17055., Cumberland County. 09/06/2012 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, PA on September 5, 2012 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $767.33 October 29, 2012 a . ~ ~,~ - Cam. ~~ ~"~~~ SO ANSWERS, ,/~ q~ , RONN R ANDERSOPJ. SHERIFF ' ~ ~ ~~/9 z a ... t BANK OF AIVi'~ttIE A, N.A., SUCCESSOR BY MERGER TO BAC HUMS LOANS SERVICING, LP FKA COUNTRYWIDE HOME; LOANS SERVICING LP Plaintitf~ v. CHAD S. RHOADES Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION N0.:2012-1784-CIVIL CUMBERL -1N D COUNTY PHS # 2860(10 AFFIDAVIT PURSUANT T'O RULE 3129.1 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO :BAC HOME LOANS SERVIC[NG, LP FKA COUNTRYWIDE 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 202 WEST MAIN STREET, MF..CHANICSBURG, PA 17055-6227. Name and address of Owner(s) or reputed Owner(s): Name. Address (if address cannot be reasonably ascertained, please so indicate) CHAD S. RHOADES 202 WEST MAIN STREET MECHANICSBURG, PA 117055-6227 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be; reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. S. Name and acadress of every other person who has any record lien on the property: Names Address (if address cannot be reasonably ascertained, please indicate) BOROUGH OF MECHANICSBURG 36 WEST ALLEN STREET MECHANICSBURG, PA 1.7055 BOROUGH OF MECHANICSBURG C/O DAVID J. SPOTTS, ESQ. 36 W ALLEN STREET MECHANICSBURG, PA 17055 COMMONWEALTH OF PA DEPT. OF' REVENUE BUREAU OF COMPLIANCE COMMONWEALTH OF PA DEPT. OF' REVENUE BUREAU OF COMPLIANCE DEPARTMENT 280946 HARRISBURG, PA 17128-0946 P.O. BOX 280948 HARRISBURG, PA 17128-0948 Name and addre,~s 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 ;n the property which may be affected b_v the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT!OCCUPANT 202 WEST MAIN STREET MECHANICSBURG, PA 17055-6227 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 HARRISBURG, PA 171.28 DEPART;VIENT OF PUBLIC WELFARE, TPL P.O. BOX 8486 CASUALTY UNIT, ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105 llOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O. BOX 2675 DEPARTMENT OF WELFARE HARRISBURG, PA 17105 IN'T'ERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAI. BUILDING 228 WALNUT STRF,ET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 I verity 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~.A. ~ 4904 relating to unswon~ falsification to authorities. Date: s .S ~~__ By: P ~ Ian Hallinan & Schmieg, LLP ,~ o~hn Michael Kolesnik, Esq., Id, No.308477 Attorney for Plaintiff BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO COUKT OF COMMON PLEAS BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP CIVIL DIVISION Plaintiff N0.:2012-1784-CIVIL vs. CHAD S. RHOADES Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CHAD S. RHOADES 202 WEST MAIN STREET MECHANICSBURG, PA 17055-6227 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A llEBT 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.xx Your house (real estate) at 202 WEST MAIN STREET, MECHANICSBURG, PA 17055-6227 is scheduled to be :;old at the Sheriff's Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $110,187.53 obtained by BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE 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 ;~ 129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT 'T'HIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. Yo~.~ may find out the price bid by calling 215-563-7000. 2. You mav~be ab e to petition the Cotu-t to set aside the sale if the bid price was grossl} inadequate compared to the value of yo~.ar property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. "fo find out if this has happened, you m.ay 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 tiled 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 yoc.i act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF I'OL~ 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. CUMBERLANll COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION .ALL THAT CERTAIN two and a half story brick dwelling house numbered 202 West Main Street, being the Western half~of a double house, and lot of ground situate in the Borough of Mechanicsburg. County of Cumberland. and Commonwealth of Pennsylvania, bounded and described as follows. to wit: BEGINNING at a point on the building line of West Main Street and at a corner of property now or formerly of Henry S. k:ane, Jr., and Elizabeth H. Kane, his wife; thence Eastwardly along the said building ]nle 24 feet to a point on the Eastern line of an alleyway which separates the house herein conveyed and the house on the property now or formerly of Harry E. Mullen and Faye E. Mullen, his wife; thence Northwardly along the line of said property wick line runs from the point above mentioned to the corner of the. two-story brick stable and garage building, a distance of 202 feet, more or less, to the South line of Strawberry .Alley 22.5 feeet, more or less, to a point at the corner of land now or formerly of said Henry S. Kane Jr., and Elizabeth H. Kane, his wife; thence Southwardly along the line of said land now or formerly of said Henrv S. Kane, Jr., and Elizabeth H. Kane, his wife., a distance of 202 feet, more or less, to the building line of West Main Street, the Place of I_SEGINNING. THIS CONVEYANCE is made subject, however, to the right of egress, ingress, and regress, on the part of the owners of the land adjacent hereto on the East, their heirs and assigns over the four (4) foot passageway at the rear of the lot herein conveyed, which extends Southwardly from the line of Strawberry Alley along the two-story brick stable and garage building on said adjoining land to the corner of said building and a few feet beyond. THIS CONVEYANCE is also made subject, however, to the right of user on the part of the owners of the land adjacent hereto on the East, their heirs and assigns, in common with the grantees herein, their heirs and assigns, of the cess pool which lies in both tracts of land, in accordance with the terms and conditions set forth in the Peed from C. Richard Brandt. and Pauline G. Brandt, his wife, to Irvin W. McConnell and Mary Susannah McConnell, his wife, dated December ~, 1941, and recorded in Deed Book M, Volume 12, Page 16. TITLE TO SAID PREMISES VESTED IN Chad S. Rhoades, single man, by lleed from Bruce A. Ruth and Patricia K. Ruth, his wife, dated 02/] 4/1998, recorded 02/23/] 998 in Book 172, Page 407.. PREMISES BEING: 202 WEST MAIN STREET, MECHAIvIICSBURG, PA 17055-6227 PARC F L NO. 19-23-0567-175. SHORT DESCRIPTION By virtue of a Writ of Execution NO.2012-1784-CIVIL BANK OF' AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME; LOANS SERVICING LP vs CHAD S. ItHOADES owner(s) of~property situate in the BOROUGH OF MECHANICSBURG, Cumberland County, Petmsylvania, being (Municipality) 202 WEST MAIN STREET, MECHANICSBURG, PA 17055-6227 Parcel No. 19-23-0567-175. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDCTMENT AMOUNT: $110,187.53 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and!~or ATTACHMENT CCJI`.~IM~3i~~VEALTH OF PENNSYLV"ANIA) NO. 12-1784 Cmvil COIJ?VTlr" OF CUMBERLAND) CIVIL AC'"!'[ON - L,~W "T(> THE SHERIFF' OF CUMBERLAND COUN"I'Y: To satisry the debt. interest and costs due BANK OF AMERICA, N. A., Successor b}' merger to BAC HO VIE LOANS SERVICING ,LP, f/IJa COUNTRYWIDE HOME LOANS SLRVI('I~(,, ~,p, Plaintiff (s) From CHAD S. RHOADE~,S (1 1 ~1'ou are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL ;DESCRIPTION . (= ~ Z'ou ~u~e also directed to attach the property of the defendant(s) not levied upon in the possessicr. oC G:~RNISF[EE(S) as follows: anti to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from pad ing and. debt to or for the arcount of the defendant (s) and from delivering any property of the defendant ~ s> or otherwise disposing thereof; ,,~) If prope:ny of the defendant(s) not (evied upon an subject to attachment is found in the possession of anyone other than a named garnishee.. you are directed to notifi_- him/her that he/she has been added as a ~,arnishet~ _mc is enjoined as above stated. -amount C):_ie: Si10,187.53 L.L.: 5.50 interest from 5/I 1/l2 to Date of Sale ($18.11 per diem) -- 52,136.98 Att~.~'s Comm: % Due Prothv: 52.25 1tt~.~~ Paid: S189.2~ Other Cost;: Pl.aintii` Paid: Date: 6;7 '201 ~ . ~.._ /' David D. Buell. Prothonotary (S e ~~.1 i ~~ __ ~~~~ Deputy RL-(;)liESTiNG PARTY: ?game: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 161? JEK BLW, SUITE 1400 PHILADELPHIA. PA 19103 Atto~-ne~ (or: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 TRt1w COPY rr.~;~~,R.g "r::~~.~I~C In Testirron, whereof, I `~= ~~ ;:,to set my hand and the ySTeBi of said (' ~= ar!isle, ~'a. This __.~_:,. da o Y .~~.20 Prothonotary ~~ - ~- ~ ~~/~2~Q ,~ ~ r On June 4, 2012 the Sheriff ie~riea upon the defendant interest in the real property situated in Mechanicshur Borough, Cumberland County, l~~a, Known and nurr~~erec~ 202 West Main Street, Mect~anicdurg, ~~ 1~OS mc~.~ fully described on Exhibit ~`~~~ filed with this writ ar~d by this reference incorporated herein. Date: June 4, 2012 g y : ~ ~ ~~-k.,~.~~;~. rte- _. _. Claudia Brewbaker, Reai Estate Cc~erdnator _ _ The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain. being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy. Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City.. County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue anti 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. 2012.1784 Chill Term Bank of Amerk:a National AssodaHon vs Chad S. Rhoades Atly: Francis S. Hallman By virtue of a Writ of Execution NO. 2012-1784-CTUIL BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME IAANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP CHAD S. RHOADES owner(s) of property situate m the BOROUGH OF MECHANICSBURG, Cumberland County, Pennsylvania, being (Muniapa6ty) 202 WEST MAIIV STREET, MECHANICSBURG, PA 17055-6227 Parcel jdo.19-23-0567-175. (Acreage or street address) Imprrn~ements thereon: RESIDENTIAL, DWELLING .::~.:,:. JiJDGMENTAMOUNT: $110,187.53 This ad ran on the date(s) shown below: 07/27/12 08/03/12 ~" c't~e ~latriot News Now you know 08/10/12 ~~, ,•-- Sworn to and ~ubscrib~d befo me tNlis 17 day o,~ONgust, 2012 A.D. >' .y~[ ~ ~_. ..~ _. Notary Public L"'P4"~ZC?IVaR1?~t rr•, ,t , (r_ ft1NLA ___ _~ __ :,{ s .N~,rc , ~~3,RIES CLfMBERLAND LAW JOURNAL Writ No. 2012-1784 Civil Term Bank of America National Association vs. Chad S. Rhoades Atty.: Francis S. Ilallinan By virtue of a Writ of Execution NO. 2012-1784-CIVIL, BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP fka COUNTRYWIDE HOME LOANS SERVICING LP vs. CHAD S. RHOADES owner(s) of property situate in the BOROUGH OF MECHANICSBURG; Cumberland County, Pennsylvania, being 202 WEST MAIN STREET, MECHANICS- BURG, PA 17055-6227 Parcel No. 19-23-0567-175. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $110,187- .53. 84 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under .Act No. 587, appxoved 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, anal 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: July 27, August 3, and August 10, 2012 Affiant further deposes that h.e 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. ,~~" ,.v ~-- ~~~ .~- ~'sa Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this l~ay_of August, 2012 °'~- Notary ~°' `_" NOTARIAL SEAL '~~ l7EBORAH A CbLL1N5 Notary ~'ubiic CARLISLE 80ROUGH, L'UMBERLAND r:!i~;~~,~fi~` P~'y Go~~rnission Expires Apr 28, 2(i i 4„~~~ COMMONWEALTH OF PENNSYL~rANIA COliN~fY OF CUMBERLAND ~' SS: L Robert: P. 'Lie lamer, Recorder of Deeds in and for said County and State do hereb}~ certify that the Sheriff's Deed in which Federal National Mortgage Association is the grantee the same having been sold to said grantee on the 5th day of Member A.D., 2012, under and by virtue of a writ Execution issued on the 1st: day of June, A.D., 2012, out of the Court. of Common Pleas of said County as of Civil Term, 2012 Number 1784, at the suit of }3ank of America N.A. against Chad S. Rhoades is duly recorded as Instrument Number 201233351. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of -------- ~ , A.D. ~,2~L~K ~-- ~ Recorder of Deeds ~~ Recmrder of s Cu~er~ ~n~! ~^7unfi~, Carlisle, PA ~E, Comrnissior~~ E~tp~re U e ur~~ i~~d;~n~ay of Jan. ?_ut4