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HomeMy WebLinkAbout12-3544 ??1?J?(.jERr A e e t 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 BRANCH BANKING AND TRUST COMPANY 301 COLLEGE ST, 6TH FLOOR P.O. BOX 2027, SC 29602 GREENEVILLE, SC 29601 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM V. NO. a 3 syq ?U!'l DORA MARLE JOHNSON A/K/A DORA M. JOHNSON CUMBERLAND COUNTY KEITH JAMES MARTIN A/K/A KEITH J. MARTIN I101 HUNTER COURT WEST PASADENA, MD 21122-2207 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 293764 ?3 ayA &jt3.1s Pd A '1 N'* 11 %bb 9 -a4 o? -7 (oO 27 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 #: 293764 ?+ v 1, 1. Plaintiff is BRANCH BANKING AND TRUST COMPANY 301 COLLEGE ST, 6TH FLOOR P.O. BOX 2027, SC 29602 GREENEVILLE, SC 29601 2. The name(s) and last known address(es) of the Defendant(s) are: DORA MARLE JOHNSON A/K/A DORA M. JOHNSON KEITH JAMES MARTIN A/K/A KEITH J. MARTIN 1101 HUNTER COURT WEST PASADENA, MD 21122-2207 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/25/2008 DORA MARLE JOHNSON and KEITH JAMES MARTIN made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC AS REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR CORRIDOR MORTGAGE GROUP, INC., A CORPORATION which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200805022 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 11/0 1/2011 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 File #: 293764 6 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage as of 04/01/2012: Principal Balance $163,675.29 Interest $5,012.58 10/01 /2011 through 04/01/2012 Late Charges $320.76 Mortgage Insurance Premium / $133.36 Private Mortgage Insurance Escrow Deficit 385.74 TOTAL $169,527.73 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. The mortgage premises are vacant and abandoned. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $169,527.73, 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 By: ?7in Michael Kolesnik, Esquire ttorney for Plaintiff File #: 293764 LEGAL DESCRIPTION ALL THAT CERTAIN place or parcel of land, situate in Silver Spring Township, Cumberland County, Pennsylvania, being bounded and described as follows, to wit: BEGINNING at a point on the South side of Lilac Drive (50 feet wide) at the dividing line between Lot Nos. 49 and 48 on the hereinafter mentioned plan of Lots; thence along the said side of Lilac Drive, North 61 degrees 21 minutes 17 seconds East, the distance of 125.00 feet; thence along the same and along the arc of a curve having a radius of 12.00 feet, the arc distance of 18.85 feet to a point on the westerly side of Bayberry Drive; thence along the said side of Bayberry Drive, South 28 degrees 38 minutes 43 seconds East, the distance of 69.00 feet to a point at the corner of lands n/f of Pulte Home Corporation; thence along said lands South 61 degrees 21 minutes 17 seconds West the distance of 137.00 feet to a point at the dividing line between Lots no. 48 & 49 on said plan; thence along said dividing line North 28 degrees 38 minutes 43 seconds West the distance of 81.00 feet to a point, the place of BEGINNING. BEING lot no. 48 on the plan of phase I of Mulberry Crossing, as recorded in plan book 40, page 142. BEING known as no. 1 Lilac drive. Subject to restrictions, covenants and easements, etc. if any. PROPERTY ADDRESS: 1 LILAC DRIVE, MECHANICSBURG, PA 17050-3168 PARCEL # 38-21-0289-087 File #: 293764 4 .F 4, VERIFICATION 04, states that he/she is L z P 1 P(e.511qYifBRANCH BANKING & TRUST COMPANY, Plaintiff in this matter, that he/she 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 his/her 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: I d O File#:293764 (FHA) Name: JOHNSON JjA Name: j. uK tI?LKD+( Title: `49 ??PS l ?r BRANCH BANKING & TRUST COMPANY -SIR '4000 AND ,41 ?\ • ??'l 1.A a;BBandT'a ^6/46/2^1.2 FAT 27.5 563 3352 PFC ¢]0002/0006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSTLVANIA BRANCH BANKING AND TRUST COMPANY vs. JOHNSON, DORA MARLE MARTIN, KEITH JAMES 350civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Jo . Michael Kolesnik, Esq., Id. No. 308877 , 06/06/2^'-2 FA\ 215 563 3352 State: Zip: Yes No ? Listing date: Price: $ Yes No F] Realtor Phone: Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet )Jute Cumberland County Court of Common Please Docket # iO 0003/0006 ounmv writ KEVUhN t rUK HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different) City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender:_ Loan: Loan Number: Second Mortgage Lender: of Loan: Loan Number: Date you Closed Your Loan: Type Home: Cell: PFC State: Zip: Office: Other: How long? State: Zip:_ Home: -- -------- Office: Cell: Other: How long? Type of Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: _ 09/09/2n!2 FAT 215 563 3352 Primary Reason for Default: PFC L410004/0006 Is the loan in Bankruptcy? Yes El No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles boats motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Year: Year: 1. j. Additional Income Description (not wages): -- - monthl -amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo/Nei h. Fees Auto Insurance Med. (not covered Auto fuel/re airs Other prop. payment Install. Loan Pa ment Cable TV Child Su ort/Alim. Spending Money Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on income & Expenses: 06/06/2012 14:59 FAX 215 563 3352 PFC Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: rJ0005/0006 Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: f 46/06/2^1.2 PAX 2_5 563 3352 PFC 1?0006/0006 I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Co-Borrower Signature Date Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r L s u C)?f } ^ i ?y#1tt ? q? l`.1lllltlrp?t1 _ ' HE '?RfTt I Ii?,.Fp4?-? i1".'? :I Jody S Smith Chief Deputy 2,9112 JUL 23 AIM 8: 3 Richard W Stewart Solicitor _ .v ? . 'CUMBERLAND DOU'w Y PD;NSYLVANIA Branch Banking & Trust Co. vs. Case Number Dora Marie Johnson (et al.) 2012-3544 SHERIFF'S RETURN OF SERVICE 06/07/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent seat h and inquiry for the within named defendant, to wit: Keith James Martin, but was unable to locate him i hi; bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program according to law. 06/13/2012 Dauphin County Return: And now, June 13, 2012 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Keith James Ma in the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Dauphin and therefore return same NOT FOUND. Request for service at 707 Russell Drive. Harrisburg, Pennsylvania 17112 the Defendant was not found. Deputies were advised, Keith James Martin is thought to be residing at 303 Foral Drive, Red Lion, Pennsylvania 17356. 07/16/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent sea ch and inquiry for the within named defendant to wit: Dora Marie Johnson, but was unable to locate her i hi: bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Dora Marie Johnson. Request for service at 1 Lilac Drive, Mechanicsburg, Pennsylvania 17050 is vacant and currently for sale. Tod to The Mechanicsburg Postmaster has been unable to provide a good forwarding address for the Defendant. 07/16/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent sea ch and inquiry for the within named defendant to wit: Keith James Martin, but was unable to locate him in is bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Keith James Martin. Request for service at 1 Lilac Drive, Mechanicsburg, Pennsylvania 17050 is vacant and currently for sale. Tod e The Mechanicsburg Postmaster has been unable to provide a good forwarding address for the Defend nt. SHERIFF COST: $89.00 SO ANSWERS, July 17, 2012 RON R ANDERSON, SHERIFF mtfirg of the,*4cr riff William T. Tully Solicitor r Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Michael Assistant Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin BRANCH BANKING AND TRUST COMPANY VS KEITH JAMES MARTIN Sheriff s Return No. 2012-T-1714 OTHER COUNTY NO. 2012-3544 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify an return, that I made diligent search and inquiry for KEITH JAMES MARTIN the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find hi er in the County of Dauphin, and therefore return same NOT FOUND, JUNE 13, 2012. DEFENDANT DOES NOT LIVE AT ADDRESS: 707 RUSSELL DRIVE, HARRISBURG, PA 17112. PER THERESA MARTIN, MOTHER OF DEFENDANT, THE GOOD ADDRESS FOR DEFENDANT IS: 303 FORAL DRIVE, RED LION, PA 17356 (YORK COUNTY) Sworn and subscribed to So Answers,! before me this 14TH day of June, 2012 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 Sheriff of By Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $49.25 6/12/2012 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 BRANCH BANKING AND TRUST COMPANY Plaintiff VS. DORA MARLE JOHNSON A/K/A DORA M. JOHNSON KEITH JAMES MARTIN A/K/A KEITH J. MARTIN Defendants ` TH(PROTNONOTAR t 2012 AUG -3 AM 10'. 23 RLSYLYA A TY CUt% COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY No. 12-3544 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the captioned matter. Date: August 1, 2012 jhk/kpl, Svc Dept. File# 293764 PHELA ALLINAN & SCHMIEG, LLP By: Jo . Kolesnik, Esq., Id. No. 308877 orney for Plaintiff a a. ,-)S? 0? lp vV't? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff s-t€€F r NF ,P?MTHo tt -, 7112 SEP -6 AM 1p: 13 LUM"NANO COUNry PENS YLVAN?A Jody S Smith Chief Deputy Richard W Stewart Solicitor Branch Banking & Trust Co. vs. Case Number . Dora Marie Johnston (et al.) 2012-3544 SHERIFF'S RETURN OF SERVICE 08/08/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Keith James Martin, but was unable to locate him in his baIiliwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 08/14/2012 10:14;AM -York County Return: And now August 14, 2012 at 1014 hours I, Richard P. Keuerleber, Sheriff' of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Keith James Martin by making known unto Dylan Hughes, Friend of Keith James Martin and adult in charge at 303 Floral Drive, Red Lion, Pennsylvania 17356 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 August 28, 2012 SO ANSWERS, "'-' RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft. Inc. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerileber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeageir Richard E Rice, 11 Chief Deputy, Operations Chief Deputy, Administration BRANCH BANKING AND TRUST COMPANY Case Number vs. 12-3544 CIVIL KEITH JAMESIMARTIN A/K/A KEITH J. MARTIN SHERIFF'S RETURN OF SERVICE 08/14/2012 10:14 AM -DEPUTY STEVEN DIEHL, BEING DULY SWORN ACCORDING TO LAW, SERVED THE R UESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY HANDING A TRUE COPY TO A ERSON REPRESENTING THEMSELVES TO BE DYLAN HUGHES, FRIEND, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR KEITH JAMES MARTIN A/K/A KEITH J. MARTIN AT 303 FLORAL DR., RED LION, PA 17356. STEVEN DIEHL, DEPUTY SHERIFF COST: $34.10 August 20, 2012 SO A 71, RICHARD P KEUERLEBER, SHERIFF NOTARY Affirmed and subscribed to before me this 20TH day of AUGUST 2012 ?) Cou tJ?u.te n -eieoscl': i_: NOTARIAL SEAL LfSA L. THORP=, NOTARY PUBLIC CITY OF YORK, YORK COUNTY Fm Y C00.1h11SSi0N EXPIRES AUG. 12, 2013 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BRANCH BANKING AND TRUST COMPANY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v DORA MARLE JOHNSON A/K/A DORA M. JOHNSON KEITH JAMES MARTIN A/K/A KEITH J. MARTIN Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount. Due Interest from 10/09/2012 to Date of Sale ($27.87 per diem) TOTAL Note: Please attach description of property. PHS # 293764 ~a~,sd ~ a~ a~~ ~ ~.~ ~ 3~ ~ ~~ ~. ~S ~, ~~ °3~~5 ~~„ ~ ~ • Sol, ,, ~~ ~ ~~ ~~ N0.:12-3544 CUMBERLAND COUNTY $169.527.73 -_., 4152.63 y' - ~ .. $173,680.36 ~~ __. ,_, ~. .. ,_._ .. Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff ~. ~ ~S~ ~ . so ~-~ (2~ ~~c~~3 1,U~,t of ~~.7~~a -o o~ ~ F" ~ `n © N ~r 7 ~ ono ~ ~ ~E~ N H v ~ ~pA ~ ~ '~ q ,.~ ¢ N ~~ z ~~do ; ~d~d H~wa w~ oy a~ a Ow H 00 o~ ~~ o~ UW ~i U ~a 0 F as .~ U p" P~ z o~ ~F O~ ~ ~; O~ A~ d~ ~~ 0 ~F O ~ Wws~ a `~ "' A ~~ > A z O ~ lr ~. 'w ~ 0 W d w~ ~~ a+ 0 M O ~~~ ;w =aw w ~, o ~ ~ ~ c 4Qd LEGAL DESCRIPTION ALL THAT CERTAIN place or parcel of land, situate in Silver Spring Township, Cumberland County, Pennsylvania, being bounded and described as follows, to wit: BEGINNING at a point on the South side of Lilac Drive (50 feet wide) at the dividing line between Lot Nos. 49 and 48 on the hereinafter mentioned plan of Lots; thence along the said side of Lilac Drive, North 61 degrees 21 minutes 17 seconds East, the distance of 125.00 feet; thence along the same and along the arc of a curve having a radius of 12.00 feet, the arc distance of 18.85 feet to a point on the westerly side of Bayberry Drive; thence along the said side of Baybeny Drive, South 28 degrees 38 minutes 43 seconds East, the distance of 69.00 feet to a point at the corner oflands n/f of Pulte Home Corporation; thence along said lands South 61 degrees 21 minutes 17 seconds West the distance of 137.00 feet to a point at the dividing line between Lots no. 48 & 49 on said plan; thence along said dividing line North 28 degrees 38 minutes 43 seconds West the distance of 81.00 feet to a point, the place of BEGINNING. BEING lot no. 48 on the plan of phase I of Mulberry Crossing, as recorded in plan book 40, page 142 BEING known as no. 1 Lilac drive. Subject to restrictions, covenants and easements, etc. if any. TITLE TO SAID PREMISES IS VESTED IN Dora M. Martin and Keith J. Martin, h/w, by Deed from Dora M. Martin, f/k/a Dora M. Krebs, dated 09/07/2000, recorded 09/14/2000 in Book 229, Page 134. PREMISES BEING: 1 LILAC DRIVE, MECHANICSBURG, PA 17050-3168 PARCEL NO.38-21-0289-087 PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 ,. One Penn Center Plaza . ' ~ ~ E i1: , , Philadelphia, PA 19103 215-563-7000 --' { ~ ~ ~ ' ~ t; ~~'; ~r {.--i ~~1~~~~ ail M~ ~.~Vi~®! t,. BRANCH BANKING AND TRUST COMPANY ~ ~ f t = } r ~~, t ~,~ r. ~,~ ~ ~ Plaintiff v. DORA MARLE JOHNSON A/K/A DORA M. JOHNSON KEITH JAMES MARTIN A/K/A KEITH J. MARTIN Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION N0.:12-3544 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: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) 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; --,_ Phelan Ha an Schmieg, LLP Allison F. ells, Esq., Id. No.309519 Attorney for Plaintiff BRANCH BANKING AND TRUST COMPANY Plaintiff v. DORA MARLS JOHNSON A/K/A DORA M. JOHNSON KEITH JAMES MARTIN A/K/A KEITH J. MARTIN Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION N0.:12-3544 CUMBERLAND COUNTY PHS # 293764 AFFIDAVIT PURSUANT TO RULE 3129.1 BRANCH BANKING AND TRUST COMPANY, 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 1 LILAC DRIVE, MECHANICSBURG, PA 17050-3168. 1 2. 3 4 5 Name and address of Owner(s) or reputed Owner(s): Name DORA MARLS JOHNSON A/K/A DORA M. JOHNSON KEITH JAMES MARTIN A/K/A KEITH J. MARTIN Name and address of Defendant(s) in the judgment: Name DORA MARLS JOHNSON A/K/A DORA M. JOHNSON KEITH JAMES MARTIN A/K/A KEITH J. MARTIN Address (if address cannot be reasonably ascertained, please so indicate) - ' : ' ` ,,. ._ ..: 1101 HUNTER COURT WEST ' . ~ `> PASADENA, MD 21122-2207 ' ~ ~~' - 303 FLORAL DR ~, 1~ ^ ~ ~_s - ~ ~ / RED LION, PA 17356-8794 c~: ;_ ~~. s W c~~ =-=',~~ ., r.~ Address (if address cannot be reasonably ascertained, please so indicate) 1101 HUNTER COURT WEST PASADENA, MD 21122-2207 303 FLORAL DR RED LION, PA 17356-8794 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) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 1 LILAC DRIVE MECHANICSBURG, PA 17050-3168 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 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 KEITH JAME MARTIN A/K/A KEITH J. MARTIN C/O DEBRA R. MEHAFFIE, ESQUIRE DORA MARLE JOHNSON A/K/A DORA M. JOHNSON C/0 CARA BOYANOWSKI, ESQUIItE 2608 N. 3RD STREET HARRISBURG, PA 17110 2080 LINGLESTOWN ROAD STE 201 HARRISBURG, PA 171109 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: I ~ `' V B• Phelan chmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff BRANCH BANKING AND TRUST COMPANY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. DORA MARLE JOHNSON A/K/A DORA M. JOHNSON KEITH JAMES MARTIN A/K/A KEITH J. MARTIN Defendant(s) N0.:12-3544 CUMBERLAND COUNTY.- t~ ,,: _~.~;~ NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ~,w ri~ ~.> ,~~ ._~ - .: TO: KEITH JAMES MARTIN DORA MARLE JOHNSON '-= r ~_ -~;"' r A/K/A KEITH J. MARTIN A/K/A DORA M. JOHNSON -_~= ,. , 303 FLORAL DR 1101 HUNTER COURT ~-~'~'~: t.,. RED LION, PA 17356-8794 WEST PASADENA, MD 21122-227 ~ =' ;r., -~ * *THIS FIltM 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 1 LILAC DRIVE, MECHANICSBURG, PA 17050-3168 is scheduled to be sold at the Sheriff's Sale on 03/06/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $169,527.73 obtained by BRANCH BANKING AND TRUST COMPANY (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid 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 ca11215-563-7000. 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 place or parcel of land, situate in Silver Spring Township, Cumberland County, Pennsylvania, being bounded and described as follows, to wit: BEGINNING at a point on the South side of Lilac Drive (50 feet wide) at the dividing line between Lot Nos. 49 and 48 on the hereinafter mentioned plan of Lots; thence along the said side of Lilac Drive, North 61 degrees 21 minutes 17 seconds East, the distance of 125.00 feet; thence along the same and along the arc of a curve having a radius of 12.00 feet, the arc distance of 18.85 feet to a point on the westerly side of Bayberry Drive; thence along the said side of Bayberry Drive, South 28 degrees 38 minutes 43 seconds East, the distance of 69.00 feet to a point at the corner of lands n/f of Pulte Home Corporation; thence along said lands South 61 degrees 21 minutes 17 seconds West the distance of 137.00 feet to a point at the dividing line between Lots no. 48 & 49 on said plan; thence along said dividing line North 28 degrees 38 minutes 43 seconds West the distance of 81.00 feet to a point, the place of BEGINNING. BEING lot no. 48 on the plan of phase I of Mulberry Crossing, as recorded in plan book 40, page 142. BEING known as no. 1 Lilac drive. Subject to restrictions, covenants and easements, etc. if any. TITLE TO SAID PREMISES IS VESTED IN Dora M. Martin and Keith J. Martin, h/w, by Deed from Dora M. Martin, f/k/a Dora M. Krebs, dated 09/07/2000, recorded 09/14/2000 in Book 229, Page 134. PREMISES BE~iG: 1 LILAC DRIVE, MECHANICSBURG, PA 17050-3168 PARCEL NO.38-21-0289-087 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 12-3544 BRANCH BANKING AND TRUST COMPANY vs. DORA MARLE JOHNSON A/K/A DORA M. JOHNSON KEITH JAMES MARTIN A/K/A KEITH J. MARTIN owner(s) of property situate in the SILVER SPRING TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1 LILAC DRIVE. MECHANICSBURG. PA 17050-3168 Parcel No. 38-21-0289-087 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $169,527.73 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-3544 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BRANCH BANKING AND TRUST COMPANY Plaintiff (s) From DORA MARLE JOHNSON A/K/A DORA M. JOHNSON, KEITH JAMES MARTIN A/WA KEITH J. MARTIN (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: $169,527.73 L.L.: $.50 Interest FROM 10/9/2012 TO DATE OF SALE ($27.87 PER DIEM) - $4,152.63 Atty's Comm: Due Prothy: $2.25 Atty Paid: $289.00 Other Costs: Plaintiff Paid: Date:ll/29/12 ~ ~~ ~~ David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN IIALLINAN & SCHMIEG, LLP 1617 JFK BLVD. ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 i i i?.si d1 ; f i0 N 0 TA i'% PHELAN HALLINAN, LLP Attorney for Plaintiff John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 2013 FEB 21 AM 10: 15 U113 r",L NO COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRANCH BANKING AND TRUST COMPANY Plaintiff, V. DORA MARLE JOHNSON A/K/A DORA M. JOHNSON KEITH JAMES MARTIN A/K/A KEITH J. MARTIN Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 12-3544 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) -and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached h it "A". Joh ichael Kolesnik, Esq., Id. No.308877 At rney for Plaintiff Date: 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 Dlaintiff 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 # 293764 BRANCH BANKING AND TRUST COMPANY Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION V. DORA MARLE JOHNSON,A/K/A DORA M. JOHNSON KEITH JAMES MARTIN,A/K/A KEITH J. MARTIN Defendant(s) NO.: 12-3544 CUMBERLAND COUNTY PHS # 293764 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 BRANCH BANKING AND TRUST COMPANY, 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 1 LILAC DRIVE, MECHANICSBURG, PA 17050-3168. Name and address of Owner(s) or reputed Owner(s): Name 2. 3 4. 5. DORA MARLE JOHNSON A/K/A DORA M. JOHNSON KEITH JAMES MARTIN A/K/A KEITH J. MARTIN Name and address of Defendant(s) in the judgment: Name DORA MARLE JOHNSON A/K/A DORA M. JOHNSON KEITH JAMES MARTIN A/K/A KEITH J. MARTIN Address (if address cannot be reasonably ascertained, please so indicate) 1101 HUNTER COURT WEST PASADENA, MD 21122-2207 303 FLORAL DR RED LION, PA 17356-8794 Address (if address cannot be reasonably ascertained, please so indicate) 1101 HUNTER COURT WEST PASADENA, MD 21122-2207 303 FLORAL DR RED LION, PA 17356-8794 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) None. 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) SILVER SPRING TOWNSHIP AUTHORITY 5 WILLOW MILL PARK ROAD SUITE #3 MECHANICSBURG, PA 17050 SILVER SPRING TOWNSHIP AUTHORITY JAMES SMITH ET AL C/O SCOTT A. DIETTERICK ESQUIRE P. O. BOX 650 HERSHEY, PA 17033 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 1 LILAC DRIVE MECHANICSBURG, PA 17050-3168 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 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 KEITH JAME MARTIN A/K/A KEITH J. MARTIN C/O DEBRA R. MEHAFFIE, ESQUIRE DORA MARLE JOHNSON A/K/A DORA M. JOHNSON C/O CARA BOYANOWSKI, ESQUIRE 2608 N. 3RD STREET HARRISBURG, PA 17110 2080 LINGLESTOWN ROAD STE 201 HARRISBURG, PA 171109 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 authori4es/7 Date: / Ij By: P n Hallinan, LLP J n Michael Kolesnik, Esq., Id. No.308877 ttornev for Plaintiff Name aas Pbclma 1la unan, LLP Add 1617 JFK BouWmrd, Suke 1400 CN Sunder ow Penn Cevw Plan. PfWmIckJd PA 19183 a7xrttA7_ A'A9Wnofz QAI A Line AtticleNwm of mW Pod Of5m A4dre F Post= 1 *"'a Sow" Spai" T ip Anthorify WAS 5 WlUov Mil Pork Rood Sato N3 blatUaWobarr, PA 17M Z ,*•• SRY= SprbmgTo ,uahip AuthoMy Go Scott A.Aledferkk "QUMZ s JAMES SMffH ET AL P. O3 SOX 650 HH I PA 17033 RE: DORA MARLS JOWISOK AMA DORA M JOHNSON (CUMSM AND) PITHS 1i 733764/1026 S6,40 1 e(1 45 }e Ta,auw.e. Tm M-h ofPi.mw t _ v.fN...ar: P,w¢a l.uced by seeiar Rwcvd at F'as EN6p lwnvve [mpkoYae) fai dw?owraw?an orr+aotwtd?bktrarowredw5?w?}i1l+i?o!??oo?{ao itarr OfncawOjntMofoagof130©009?araoeruasJUorri?triidrrbaori6ia> t? TYt S1sMmnrawa?Yp?pAnhN fa A2SOM brofam W$wt+ItY cpRiertid m So Dy R9o0 ?e3.?e 8931 Ar_!F. Fenn 3877 Facairxaile ? v P ? +JOO a 3 4? Ztfl? ti ?3tf4?4t8£14ot! `.tiU"'' L:e??ta tit Z0 ?.. AIIIP??+?? ? FF ??r?(? . .Y4 !Y\. tt ?.: a s +oe ? ire <3nVISOd 3 7 !w § f . 9 fi gl ?i MA g 8 d 4 ? D F` ? 5 C a. ?.' z?y U u{ CO oq "'? U1 ry"'F+ A.44 (jai ?rW?r ? P4 ZTi ?,?» +oza o "',aid VFO?si?,ir? ?p?n?av? r? c,azi.O L f?U1 y C G b d Cl F! r: Phelan Hallinan,LLP 2013 MAR 20 APB 9: AL ney For Plaintiff 1617 JFK Boulevard,Suite 1400 ;-r 1 M# RLA N O COUNTY One Penn Center Plaza ��WNSYLVANfA Philadelphia,PA 19103 215-563-7000 BRANCH BANKING AND TRUST Court of Common Pleas COMPANY Plaintiff Civil Division vs CUMBERLAND County DORA MARLE JOHNSON No. 12-3544 A/K/A DORA M.JOHNSON . KEITH JAMES MARTIN A/K/A KEITH J.MARTIN Defendant PRAECIPE TO THE PROTHONOTARY: ❑ Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ❑ Please mark the above referenced case Settled,Discontinued and Ended. ® Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ❑ Please Vacate the Judgment entered. Date: PHELAN HALLINAN,LLP By: Jo an Lobb,Esq.,Id.No.312174 Attorney for Plaintiff PHS#293764 a44 P(I# l ks60a1 (2 ?9as Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 BRANCH BANKING AND TRUST COMPANY Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County DORA MARLE JOHNSON No. 12-3544 A/K/A DORA M.JOHNSON KEITH JAMES MARTIN A/K/A KEITH J.MARTIN Defendant PHS#293764 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: DORA MARLE JOHNSON A/K/A DORA M.JOHNSON 1101 HUNTER COURT WEST PASADENA,MD 21122-2207 KEITH JAMES MARTIN A/K/A KEITH J.MARTIN 303 FLORAL DR RED LION, PA 17356-8794 Date: /14/It3 PHELAN HALLINAN,LLP By: Jon an-Lobb,Esq.,Id.No.312174 Attorney for Plaintiff ` SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r.U-0FrIC1w Sheriff PFQRRQAi I 4atrxt» of�3rft�Lrrl Jody S Smith "1/0 1/0 1313 AUG 28 FPM 2: ,52 Chief Deputy . ��. Richard W Stewart CUMBERLAND CCUjqTY Solicitor OFFICE OF THE S!ERIFF PENNSYLVANIA Branch Banking &Trust Co. vs. Case Number Dora Marle Johnson (et al.) 2012-3544 SHERIFF'S RETURN OF SERVICE 12/28/2012 05:18 PM -Deputy Shawn Harrison, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 1 Lilac Drive, Mechanicsburg, PA 17050, Cumberland County. 02/21/2013 As directed by Francis S. Hallinan,Attorney for the Plaintiff, Sheriffs Sale Continued to 6/5/2013 02/21/2013 Affidavit of Service to Lienholders Filed in Sheriffs Office 05/21/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $3,419.01 SO ANSWERS, August 28, 2013 RON f R ANDERSON, SHERIFF 9'- (c)CountySuite Sheriff,Teleosofl,Inc. BRANCH IIANKING AND TRUST COMPANY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 12-3544 DORA MARLE JOHNSON A/K/A DORA M. JOHNSON KEITH JAMES MARTIN A/K/A KEITH J. MARTIN Defendant(s) CUMBERLAND COUNTY PHS #293764 AFFIDAVIT PURSUANT TO RULE 3129.1 BRANCH BANKING AND TRUST COMPANY,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 1 LILAC DRIVE, MECHANICSBURG,PA 17050-3168. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) DORA MARLE JOHNSON 1101 HUNTER COURT WEST A/K/A DORA M.JOHNSON PASADENA,MD 21122-2207 KEITH JAMES MARTIN 303 FLORAL DR A/K/A KEITH J.MARTIN RED LION,PA 17356-8794 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained;please so indicate) DORA MARLE JOHNSON 1101 HUNTER COURT WEST A/K/A DORA M.JOHNSON PASADENA,MD 21122-2207 KEITH JAMES MARTIN 303 FLORAL DR AWA KEITH J.MARTIN RED LION,PA 17356-8794 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) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address,of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 1 LILAC DRIVE MECHANICSBURG,PA 17050-3168 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 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING KEITH JAME MARTIN 2608 N.3RD STREET A/K/A KEITH J.MARTIN HARRISBURG,PA 17110 C/O DEBRA R.MEHAFFIE,ESQUIRE DORA MARLE JOHNSON 2080 LINGLESTOWN ROAD STE 201 A/K/A DORA M.JOHNSON HARRISBURG,PA 171109 C/O CARA BOYANOWSKI,ESQUIRE 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: 10 s Phelan a chmieg,LLP Allison F. Wells,Esq.,Id.No.309519 Attorney for Plaintiff t C • ( s Z' BRANCH BANKING AND TRUST COMPANY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO.: 12-3544 DORA MARLS JOHNSON A/K/A DORA M. JOHNSON KEITH JAMES MARTIN A/K/A KEITH J. MARTIN CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KEITH JAMES MARTIN DORA MARLE JOHNSON A/K/A KEITH J. MARTIN A/K/A DORA M.JOHNSON 303 FLORAL DR 1101 HUNTER COURT RED LION,PA 17356-8794 WEST PASADENA,MD 21122-2207 *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 1 LILAC DRIVE,MECHANICSBURG,PA 17050-3168 is scheduled to be sold at the Sheriff's Sale on 03/06/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$169,527.73 obtained by BRANCH BANKING AND TRUST COMPANY(the mortgagee)against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments,late charges,costs and reasonable attorney's fees due. To find out how much you must pay,you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's-Sale is not stopped,your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid 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 'r LEGAL DESCRIPTION ALL THAT CERTAIN place or parcel of land,situate in Silver Spring Township,Cumberland County, Pennsylvania,being bounded and described as follows,to wit: BEGINNING at a point on the South side of Lilac Drive(50 feet wide)at the dividing line between Lot Nos. 49 and 48 on the hereinafter mentioned plan of Lots;thence along the said side of Lilac Drive,North 61 degrees 21 minutes 17 seconds East,the distance of 125.00 feet;thence along the same and along the arc of a curve having a radius of 12.00 feet,the are distance of 18.85 feet to a point on the westerly side of Bayberry Drive;thence along the said side of Bayberry Drive,South 28 degrees 38 minutes 43 seconds East,the distance of 69.00 feet to a point at the corner of lands n/f of Pulte Horne Corporation;thence along said lands South 61 degrees 21 minutes 17 seconds West the distance of 137.00 feet to a point at the dividing line between Lots no.48&49 on said plan;thence along said dividing line North 28 degrees 38 minutes 43 seconds West the distance of 81.00 feet to a point,the place of BEGINNING. BEING lot no.48 on the plan of phase I of Mulberry Crossing,as recorded in plan book 40,page 142. BEING known as no. 1 Lilac drive. Subject to restrictions,covenants and easements,etc.if any. TITLE TO SAID PREMISES IS VESTED IN Dora M.Martin and Keith J.Martin,h/w,by Deed from Dora M.Martin,f/k/a Dora M.Krebs,dated 09/07/2000,recorded 09/14/2000 in Book 229,Page 134. PREMISES BEING: 1 LILAC DRIVE,MECHA.NICSBURG,PA 17050-3168 PARCEL NO.38-21-0289-087 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 12-3544 BRANCH BANKING AND TRUST COMPANY VS. DORA MARLE JOHNSON A/K/A DORA M. JOHNSON KEITH JAMES MARTIN A/K/A KEITH J. MARTIN owner(s)of property situate in the SILVER SPRING TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1 LILAC DRIVE, MECHANICSBURG, PA 17050-3168 Parcel No. 38-21-0289-087 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $169,527.73 Phelan Hallinan&Schmieg,LLP Attorney for Plaintiff 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-3544 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BRANCH BANKING AND TRUST COMPANY Plaintiff(s) From DORA MARLE JOHNSON A/K/A DORA M.JOHNSON,KEITH JAMES MARTIN A/K/A KEITH J.MARTIN (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 garnishees)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: $169,527.73 L.L.: $.50 Interest FROM 10/9/2012 TO DATE OF SALE($27.87 PER DIEM)-$4,152.63 Atty's Comm: Due Prothy: $2.25 Atty Paid: $289.00 Other Costs: Plaintiff Paid: Date: 11/29/12 Ll David D.B 11,Pro thonota (Seal) Deputy REQUESTING PARTY: Name: ALLISON F. WELLS,ESQUIRE Address: PHELAN HALLINAN&SCHMIEG, LLP 1617 JFK BLVD. ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 , T;IO1= ` - ^°" CORD Supreme Court ID No.309519 In TPS?-r,_ _ `_ sst my hand anct the�sa::a� _: °' �����.Yi <� .:n.� P3. This_��u�;.��-_I-���_ � i notary � t` On December 6, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Known and numbered as, 1 Lilac Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 6, 2012 By: Real Estate Coordinator The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Now you know 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 Marianne Miller, 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 and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION CpP_Y This ad ran on the date(s)shown below: 01122/13 2012-35"ChdI Branch Banking&Tru Co. 01/29/13 Vs 02/05113 Dora Marie Johnson Keith James Martin Atty. Franciss.Hallinan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By virtue of a Writ of Execution NO. 12- 3544 BRANCH BANKING AND TRUST Sworn to and sAscri ed before me this 1 y f February, 2013 A.D. COMPANY VS. DORA MARIE JOHNSON A/K/A DORA M.JOHNSON UV KEITH JAMES MARTIN A(K/A KEITH No J.MARTIN owner(s)of property situate in the SILVER SPRING TOWNSHIP Cumberland Notary County,Pennsylvania,being (Municipality) COMMONWEALTH OF PENNSYLVANIA I LILAC DRIVE, MECHANICSBURG, Notarial Seal PA 17050-3168 N Holly Lynn Warfel,Notary Public Parcel No.38-21-0289-087 . Notarial Twpi.,Dauphin county My Washington(Acreage or street address) �sslc My commission Expires Dec.12,2016 Improvements thereon: RESIDENTIAL DWELLING MEmBEFt,'PENNSYLVANIA ASSoaAT1oN OF NOTARIES JUDGMENT AMOUNT$169,527.73, Wit patriot-News Now you know 2020 Technology Parkway STE 300 Mechanicsburg,PA 17050-9498 (717)265-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House_ Carlisle, PA 17013 ACCT.# 2260 DUPLICATE BILL Date Description Sale# Size Rate Net Cost Of 01/22/13 Sheriff Sale 3544 4.86 $20.00 $ 97.20 01/29/13 Sheriff Sale 3544 4.86 $20.00 $ 97.20 02/05113 Sheriff Sale 3544 4.86 $20.00 $ 9720 Notary Fee $5.00 TOTAL DUE FOR THIS SALE: JLC CUMBERLAND LAW JOURNAL Writ No.2012-3544 Civil Branch Banking&Trust Co. VS. Dora Marle Johnson, Keith James Martin Atty.: Francis S. Hallinan By virtue of a Writ of Execution NO. 12-3544, BRANCH BANKING AND TRUST COMPANY vs. DORA MARLE JOHNSON a/k/a.DORA M. JOHNSON, KEITH JAMES MARTIN a/k/a. KEITH J. MARTIN owner(s) of property situate .in the SILVER SPRING TOWNSHIP, Cumberland County, Pennsylvania, being 1 LI- LAC DRIVE, MECHANICSBURG,PA 17050-3168. Parcel No.38-21-0289-087. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$169,527- .73. 68 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire,Editor of the Cumberland Law Journal, of the County and State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952,and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County,and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25,February 1,and February 8,2013 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. LiAa Marie Coyne,F/ditor SWORN TO AND SUBSCRIBED before me this Gda of FebruM, 2013 zi Notary - NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014