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HomeMy WebLinkAbout12-52887 10" ALIG P4 APNO: 34 'M ERL A PHELAN HALLINAN & SCHMIEG, LLP Brian Yoder, Esq., Id. No.207412 1617 JFI< Boulevard, Suite 1400 One Pena Center Plaza Philadelp ia, PA 19103 215-563-7000 BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME, LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. BRYONI S. FETTER 426 FR?,NKLIN STREET CARLISLE, PA 17013-1858 Defendant File # 297321 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. I ? - S oZ ?? ?l CUMBERLAND COUNTY S Qn?.psla'S? °N?I CI;.? I 9a1 Sol ??a?9-1 q 3 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 againstyou 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 #? 297321 Plaintiff is BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: BRYON S. FETTER 4?6 FRANKLIN STREET CARLISLE, PA 17013-1858 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/19/2010 BRYON S. FETTER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR PLAZA HOME MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 201003121. By Assignment of Mortgage recorded 16/12/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201128235.The mortgage and assignment(s), if a6y, 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. The mortgage is in default because monthly payments of principal and interest upon said mlortgage due 03/01/2011 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. Idle q: 297321 6 The following amounts are due on the mortgage as of 07/20/2012: Principal Balance $149,946.61 Interest $11,246.04 02/01/2011 through 07/31/2012 Late Charges $0.00 Escrow Deficit $3.,2.0 TOTAL $164,447.55 8 Plaintiff is not seeking a judgment of personal liability (or an in ners? onam 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. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $164,447.55 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: q%41-,i" Brian Yoder,"Esquire Attorney for Plaintiff File #: 297321 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with improvements situate in the Borough of Carlisle, County of Cumberland, State of Pennsylvania, described as follows: ON the East by Franklin Street; on the South by Lot No. 90; on the West by a sixteen foot (16 foot) alley, and on the North by Lots No. 92, containing thirty feet (30 feet) in front on Franklin Street and extending back an even width one hundred forty feet (140 feet) to the aforementioned sixteen foot (16 foot) alley. BEING Lot No. 91, according to Plan of Lots laid out and adopted by Robert Thompson, Sr., deceased said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 1, Page 41. AND BEING known and numbered 426 Franklin Street, Carlisle, Pennsylvania. PROPEIkTY ADDRESS: 426 FRANKLIN STREET, CARLISLE, PA 17013-1858 PARCEL # 06-20-1796-033. File # 297321 VERIFICATION 6 ke,u ?2?, g14 hereby states that 49 of BANK OF AMERICA, N.A., Plaintiff in this matter, that hey he 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 er 'nformation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name:- /ePw DATE: nfuaa:, i G, ?o?? Title: X53/STiI•<-?T !i'sL? /???//,?it?/ BANK OF AMERICA, N.A. File#:29!7321 (FHA) Name: FETTER File #: 297321 Pa. R. C. P. 205.5 FORM I Updated 01/01/2011 IN THE COURT OF COMMON PLEAS BANK OF AMERICA, N.A SUCCESSOR BY OF CUMBERLAND COUNTY, PENNSYLVANIA MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS c -, P SERVICING, L.P. -T7 __Q ?lz* T' -r , Plaintiff(s) M r - cn r ?:> vs rV - `z c. . CD BRYON S1 FETTER n Cn_-© il ?? Ci la' - C -C JOf v Defendant(s) 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. It, you do not have a lawyer, 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 Mid'enn Legal Services at (717) 243-9400 extension 510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you )have been appointed a legal representative, you must promptly meet with that legal represetative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all 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 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 out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. Its you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliate n 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 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 within sixth (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 tomeet with a representative of your lender in an attempt to work out reasonable arguments'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 REQUIRtD BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Brian Yoder, Esquire Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORRO ER REQUEST FOR HARDSHIP ASSISTANCE To complote your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower lname(s): Property Address: City: Is the property for sale? Realtor Name: BorrowerlOccupied? Mailing address (if different): City: Phone Numbers: Email # of people in household: mom Mailing Address: City: Phone Nujmbers: Email: # of people in household: First Mortgage Lender: _ Type of Doan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: State: Zip: Yes No Listing date: Price: $ Realtor Phone: Yes No State:---Zip: Home: Office: _ Cell: Other: How long? State:--Zip: Home: Cell: Office: Other: How long? Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: 'Is the loan in Bankruptcy? Yes ? No El If yes, provide names, location of court, case number & attorney: Assets Home: Amount Ow $ ed: Value: $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking; $ $ Savings: $ $ Other: $ $ Automobile 91 - Model: Amount owed: Value: Automebi? #s: Model: Amount oiwed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Name of mployers: I . -Monthly Gross 2 _ _Monthly Gross 3. Monthly Gross Additional Income Description (not wages): 1. monthly amount: 2 monthly amount: BorrowerTay Days: Year: Year: Monthly Net Monthly Net Monthly Net Co-Borrower Pay Days: Monthl3 Exen uses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2nd Mort e Utilities Car Pa m nt s Condo/Nei h. Fees Auto Ins ance Med. not covered Auto fuel re airs Other prop. payment Install. Lan Payment Cable TV Child Su ort/Alim. Spending Money Day/Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: 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 E] No ? If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company:' Lender's Contact (Name): Phone: Servicing! Company (Name):_ Contact: Phone: /We, , authorize the above named T 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 cdunseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 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. Fetter explaining reason for delinquency and any supporting documentation (hardship totter) 6. Fisting agreement (if property is currently on the market) PHELAN HALLINAN, LLP. Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA,N.A SUCCESSOR CUMBERLAND COUNTY BY MERGER TO BAC HOME LOANS SERVICING,L.P. F/K/A COURT OF COMMON.PLEAS. COUNTRYWIDE HOME LOANS SERVICING,L.P. • CIVIL DIVISION VS. No. 12-5288 l CZ BRYON S.FETTER m r- r- o ' PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO «aG ANSWER AND ASSESSMENT OF DAMAGES b ej =)C--, TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against BRYON&FETTER, Defendant 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 $1649447.55 TOTAL $164,447.55 I hereby certify that (1) the Defendant's last known address is 426 FRANKLIN STREET, CARLISLE, PA 17013-1858, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 12,h3 J athan Lobb, Esq., Id. No312174 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. � . DATE: PROTHONOTARY PI, sb� - %_&N° ��9tQa�� 297321 � a8gi� Ab4t tr_ � d� PHELAN HALLINAN, LLP Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A SUCCESSOR CUMBERLAND COUNTY BY MERGER TO BAC HOME LOANS SERVICING,L.P. F/K/A COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING,L.P. CIVIL DIVISION VS. No. 12-5288 BRYON S.FETTER 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 is 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. t (b) that defendant BRYON S. FETTER is over 18 years of age and last known address is 426 FRANKLIN STREET, CARLISLE, PA 17013-1858. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date athan Lobb, Esq.,Id. No.312174 Attorney for Plaintiff 297321 Department of Defense Manpower Data Center Results as of:Apr-12-201312:14:15 SCRA 3.0 y sta=R: C3ff i a Pursuant o Se icemombers Civil kelief A: Last Name: FETTER First Name: BRYON Middle Name: S Active Duty Status As Of: Apr-12-2013 On Active Duty On Active Duty Status Date Active Duty Start Dale Active Duty End Date Status Service Component NA NA f- - - "No;: NA This response reflects the individuals'active duty status based on the Adive Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA �"No^ NA This response reflects where'the individual left active duty status within 367 days preceding the Active Duty Status Date I The Member or His/Her Unit Was Notified of a Future Cell-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individuaI or his/he7 unit has received early notification to report for active duty q Upon searching the data banks of the Department of Defense Manpowei'Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. 4 .-+ Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 BANK OF AMERICA,N.A SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. NO. 12-5288 Plaintiff V. CUMBERLAND COUNTY BRYON S.FETTER Defendant(s) TO: BRYON S.FETTER 426 FRANKLIN STREET CARLISLE,PA 17013-1858 DATE OF NOTICE: //-Z THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN A"T"TEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR .PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.. IF YOU CANNOT AFFORD TO ICE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE.,,PA 1.7013 (717)249-3166 By. Ji�raa l 1-0 i1 ,l scl,, cl.No.312174 Att tey for Plaintiff Plie an Hallinan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#297321 (Rule of Civil Procedure No. 236) -Revised BANK OF AMERICA,N.A SUCCESSOR CUMBERLAND COUNTY BY MERGER TO BAC HOME LOANS SERVICING,L.P. F/K/A COUNTRYWIDE COURT OF COMMON PLEAS HOME LOANS SERVICING,L.P. VS. CIVIL DIVISION BRYON S. FETTER No. 12-5288 Notice is given that a Judgment in the above captioned matter has been entered against you on B j � If you have any questions concerning this-matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 21.5-563-7000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 297321 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,L.P.F/K/A COUNTRYWIDE HOME LOANS CIVIL DIVISION SERVICING,L.P. Plaintiff NO.: 12-5288 V. BRYON S.FETTER CUMBERLAND COUNTY Defendant To the Prothonotary: Issue writ of execution in the above matter: Amount Due $164,447.55 z W 3 terest rom 477612013-to a e o Sale 3 838 26 ry Q ($27.03 per diem) TOTAL $168,285.81 D � Phelan Hallinan,LLP Melissa J.Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff Note: Please attach description of property. PHS#297321 CL offixv �{ oo d46 5o i.Sl> 6 a1g�8 LA)t*+ Of 12� s IN THE COURT OF COMM N PLEAS OF CUMBERLAND COUNTY, ENNSYLVANIA BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P.F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. Plaintiff V. BRYON S.FETTER Defendant ° PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: Address where papers may be served: e an Hallinan,LL I BRYON S.FETTER 426 FRANKLIN STREET Melissa J.Cantwell,Esq.,Id.No.308912 CARLISLE,PA 17013-1858 r Attorney for Plaintiff ITr LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with improvements situate in the Borough of Carlisle,County of Cumberland, State of Pennsylvania,described as follows: ON the East by Franklin Street;on the South by Lot No.90;on the West by a sixteen foot(16 foot)alley,and on the North by Lots No.92,containing thirty feet(30 feet)in front on Franklin Street and extending back an even width one hundred forty feet(140 feet)to the aforementioned sixteen foot(16 foot)alley. BEING Lot No.91,according to Plan of Lots laid out and adopted by Robert Thompson,Sr.,deceased said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 1,Page 41. TITLE TO SAID PREMISES VESTED IN Bryon S. Fetter, single man, by Deed from George R. Barrick and Margaret J. Barrick, husband and wife, dated 1/19/2010, recorded-23/291Q PREMISES BEING: 426 FRANKLIN STREET,CARLISLE,PA 17013-1858 PARCEL NO.06-20-1796-033. PHELAN HALLINAN, LLP Melissa J. Cantwell Esq., Id. No.308912 OF E PRO HOC ' Attorneys for Plaintiff 1617 JFK Boulevard, Suite 1400 PRO r (? One Penn Center Plaza .4R411 1 Philadelphia, �Q� A `2 � ►((�: P PA 19103 215-563-7000 CUMBERLAND COUNTY PNNSrLVAN1A BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P. F/K/A COUNTRYWIDE HOME COURT OF COMMON PLEAS LOANS SERVICING, L.P. Plaintiff CIVIL DIVISION V. NO.: 12-5288 BRYON S. FETTER Defendant CUMBERLAND COUNTY CERTIFICATION 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: ' Phelan Hallinan,LLP Melissa J. Cantwell,Esq., Id.No.308912 Attorney for Plaintiff B4.NK OF AMERICA,N.A SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO BAC HOME LOANS SERVICING,L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. CIVIL DIVISION Plaintiff NO.: 12-5288 V. BRYON S. FETTER CUMBERLAND COUNTY Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P.FIK/A COUNTRYWIDE HOME LOANS SERVICING,L.P.,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 426 FRANKLIN STREET,CARLISLE,PA 17013-1858. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertaine6 N C please so indicate) BRYON S.FETTER CARLISLE A17013-1858 �=� -`c C) 2. Name and address of Defendant(s)in the judgment: x .. Name Address(if address cannot be reasonably S►c-y C)-r, ascertained,please so indicate) ?o =F3 M BRYON S.FETTER 426 FRANKLIN STREET CARLISLE,PA 17013-1858 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. PHS #297321 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 426 FRANKLIN STREET CARLISLE,PA 17413-1858 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17205 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 1.1754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING 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: Phelan Hallinan,LLP Melissa J.Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff PHS #297321 BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO COURT OF COMMON PLEAS BAC HOME LOANS SERVICING,L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. CIVIL DIVISION Plaintiff NO.: 12-5288 VS. CUMBERLAND COUNTY BRYON S.FETTER C) Defendant -n C-- rr NOTICE OF SHERIFF'S SALE OF REAL PROPERTY -4C TO: BRYON S.FETTER 426 FRANKLIN STREET zc:) cDf-�f CARLISLE,PA 17013-1858 C-- Ln "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 426 FRANKLIN STREET,CARLISLE,PA 17013-1858 is scheduled to be sold at the Sheriff's Sale on 09/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$164,447.55 obtained by BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P.F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. (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, I 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. t 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) 990-9109 SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-5288 BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. V. BRYON S.FETTER owner of property situate in the CARLISLE BOROUGH, CUMBERLAND County, Pennsylvania,being 426 FRANKLIN STREET, CARLISLE PA 17013-1858 Parcel No. 06-20-1796-033. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $164,447.55 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with improvements situate in the Borough of Carlisle,County of Cumberland,State of Pennsylvania,described as follows: ON the East by Franklin Street;on the South by Lot No. 90;on the West by a sixteen foot(16 foot)alley,and on the North by Lots No.92,containing thirty feet(30 feet)in front on Franklin Street and extending back an even width one hundred forty feet(140 feet)to the aforementioned sixteen foot(16 foot)alley. BEING Lot No.91,according to Plan of Lots laid out and adopted by Robert Thompson,Sr.,deceased said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 1,Page 41. TITLE TO SAID PREMISES VESTED IN Bryon S. Fetter, single man, by Deed from George R. Barrick and Margaret J. Barrick, husband and wife, dated 1/19/2010, recorded 2/3/2010. PREMISES BEING: 426 FRANKLIN STREET,CARLISLE,PA 17013-1858 PARCEL NO.06-20-1796-033. Sheriff of Cumberland County DATE 4/18/2013 CHECK# 001300006 VENDOR SCUMB INVOICE# INVOICE DATE AMOUNT DISCOUNT VOUCHER# NET AMOUNT 297321 4/18/2013 1,500,00 0.00 001222154 1,500.00 PFL[297321]426 FRANKLIN STREET(12-5288) 1,500.00 0.00 1,500.00 SheriffofCun&r1and County DATE 4/1 812013 CHECK# 001300006 VENDOR SCUMB INVOICE# =INVOICE DATE FAMOUNT DISCOUNT :E VOUCHER# NET AMOUNT 297321 4/18/2013 1,500.00 0.00 001222154 1,500.00 PFL[297321]426 FRANKLIN STREET(12-5288) 1,500.00 0.00 1,500.00 LITHOLSA SFSL4 CKFSJV14� • loll 11 Phelan Hallinan,LLP TD Bank,NA 001300006 One Penn Center Ste 1400 3-180/360 Philadelphia,PA 19103 DAM AMOUNT 4/18/2013 ****$1,500.00 PAY ONE THOUSAND FIVE HUNDRED AND XX t 100 Dollars TO THE Sheriff of Cumberland County ORDER Cumberland County Courthouse OF One Courthouse Square Carlisle,PA 17013 PFL[297321]426 FRANKLIN STREET(12-5288) AUTHORIZED SIGNATURE 403600L80W: 36I5086660 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-5288 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA,N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P.F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P.Plaintiff(s) From BRYON S. FETTER (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: $164,447.55 L.L.: $.50 Interest INTEREST FROM 4/16/2013 TO DATE OF SALE($27.03 PER DIEM)-$3,838.26 Atty's Comm: Due Prothy: $2.25 Atty Paid: $182.75 Other Costs: Plaintiff Paid: Date: 5/2/13 .J�a �•°1 it .L\J David D.Buell,Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: MELISSA J. CANTWELL,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for:PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.308912 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson, Sheriff LED-OFTITI'. OF THE PRO 1*1-10" I Jody S Smith x 4111� Mo , ry 2,913 V 1,5 PH 2: Chief Deputy Richard W Stewart CUMBERLAND C0(jNTy Solicitor OFFICE OF THE SHERIFF PENNSYLVANIA Nationstar Mortgage LLC vs Case Number . Bryon S. Fetter 2012-5288 SHERIFF'S RETURN OF SERVICE 06/24/2013 03:50 PM-Deputy Noah Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 426 Franklin Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 07/16/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant,to wit: Bryon S. Fetter, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found"at 426 Franklin Street, Carlisle, PA, property is vacant, did not leave a forwarding at post office. 08/2612013 As directed by Joseph Schalk,Attorney for the Plaintiff, Sheriffs Sale Continued to 11/6/2013 10/29/2013 As directed by Joseph Schalk,Attorney for the Plaintiff, Sheriffs Sale Continued to 12/4/2013 11/14/2013 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: $719.74 SO ANSWERS, November 14, 2013 RbN1rY R ANDERSON, SHERIFF {c)County&fite Sheriff,Teleosoft,Inc, On May 30, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as, 426 Franklin Street, Carlisle, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: May 30, 2013 rC r- ;1, - By: Real Estate Coordinator <.J LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2012-5288 Civil Term NATIONSTAR MORTGAGE LLC vs. BRYON S. FETTER Atty.:Joseph Schalk By virtue of a Writ of Execution No. 12-5288, BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P. fikia COUNTRYWIDE HOME LOANS SERVICING, L.P. v. BRYON S. FET- TER owner of property situate in the CARLISLE BOROUGH, CUMBER- LAND County, Pennsylvania, being 426 FRANKLIN STREET,CARLISLE, PA 17013-1858. Parcel No. 06-20-1796-033. Improvements thereon:RESIDEN- TIAL DWELLING. Judgment Amount:$164,447.55. 51 2f 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: July 26, August 2 and August 9, 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. L' a Marie Coyne, E I tor SWORN TO AND SUBSCRIBED before me this 9 day of August, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 1900 Patriot Drive t4f atr1*0t'WX(W5 Mechanicsburg, PA '17050 Inquiries - 717-255-8213 Now you know 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 Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller 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 1900 Patriot Drive, 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 he 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 he 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. Pi>IRl.lr__nTlnti..r_nov. This ad ran on the date(s)shown below: 2012-5286 Clvll Term NATIONSTAR MORTGAGE LLC 07/28/13 VS. BRYON S.FETTER 08/04/13 . Atty: Joseph Schalk 08!11/13 By virtue of a Writ of Execution No.12-5288 BANK OF AMERICA,NA SUCCESSOR BY MERGER TO BAC HOME LOANS .tdbscribed . . . . . . . . . . . . . . . . . . . . . . . . SERVICING,L.P.FIIQA COUNTRYWIDE HOME LOANS SERVICING,LE V. Sworbefore me;V.1 d- o f August, 2013 A.D. BRYON S.FETTER owner of property situate in the CARLISLE BOROUGH,CUMBERLAND County, Pennsylvania,being ' - i I R� � t A 426 FRANKLIN STREET,CARLISLE,PA ITO b 17013.1858, Parcel No.06-20.1796-033. { (Acreage or street address) 11 Improvements thereon: RESIDENTIAL DWELLING Judgment Amount:$164,447.55 - COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel,Notary Public Washington Twp.,Dauphin County My Commission Expires Dec.12,2016 �. MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES 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,L.P.F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. CIVIL DIVISION Plaintiff NO.: 12-5288 V. BRYON S.FETTER CUMBERLAND COUNTY Defendant(s) To the Prothonotary: C: Issue writ of execution in the above matter: Amount Due $164,447.55 can Interest from 04/16/2013 to Date of Sale $11,217.45 ($27.03 per diem) C? t TOTAL $175,665.00 Phelan Hallinan,LLP Emily M.Phelan,Esq.,Id.No.315250 Attorney for Plaintiff Note: Please attach description of property. PH#791083 CL 3u .o0 p? ILD . S& LI 11 cab • S� �l t � q� P 44' CA 5s�� a b ITJ rz �• a O� Zy CD o �dx a � dz royx � � CD Do arc oil a C�7 z F=� O Y G" P 1 sC) �zzo y LA LA . � c � r Y �•C ° c � o � Z � zr o co < cn � o z z > � r � b � c� x H n N Lo a O CIO z x CD � CD °J � ti _C i i LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with improvements situate in the Borough of Carlisle,County of Cumberland,State of Pennsylvania,described as follows: ON the East by Franklin Street; on the South by Lot No. 90; on the West by a sixteen foot(16 foot)alley,and on the North by Lots No. 92, containing thirty feet(30 feet)in front on Franklin Street and extending back an even width one hundred forty feet(140 feet)to the aforementioned sixteen foot(16 foot)alley. TITLE TO SAID PREMISES VESTED IN Bryon S.Fetter,single man,by Deed from George R. Barrick and Margaret J. Barrick,h/w,dated 01/19/2010,recorded 02/03/2010 in Instrument Number 201.003120. PREMISES BEING: 426 FRANKLIN STREET,CARLISLE,PA 17013-1858 PARCEL NO.06-20-1796-033. PHELAN HALLINAN, LLP � ?R,31 � 1`'� .. � ( Attorneys for Plaintiff Emily M. Phelan, Esq., Id. No.315250,) 1617 JFK Boulevard, Suite 1400 Olt FEB 25 ��� � One Penn Center Plaza Philadelphia, PA 19103 emily.phelan @phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC COURT OF COMMON PLEAS HOME LOANS SERVICING,L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. CIVIL DIVISION Plaintiff NO.: 12-5288 V. , BRYON S.FETTER CUMBERLAND COUNTY Defendant(s) CERTIFICATION 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 11-1.197, 41 Pa.B. 3943 This certification is made subject to the penalties of 1.8 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan Hallinan,LLP Emily M.Phelan,Esq.,Id. No.31.5250 Attorney for Plaintiff BANK OF AMERICA, N.A SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO BAC HOME LOANS SERVICING,L.P. F/K/A `" COUNTRYWIDE HOME LOANS SERVICING,L.P. CIVIL DIVISION Plaintiff NO.: 12-5288 V. BRYON S.FETTER CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P.F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P.,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 426 FRANKLIN STREET,CARLISLE,PA 17013-1858. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) BRYON S.FETTER 426 FRANKLIN STREET,CARLISLE,PA 17013- 1858 c- C") -n 2. Name and address of Defendant(s)in the judgment: _ Name Address(if address cannot be reasonably ascertained,please so indicate) BRYON S.FETTER 426 FRANKLIN STREET � �; CARLISLE,PA 17013-1858 { ' C 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real propetiryto tre%old 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. PH#791.083 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 426 FRANKLIN STREET CARLISLE,PA 17013-1858 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION 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 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING 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: tl q By: ////A/ Phelan Hallinan,LLP Emily M.Phelan,Esq.,Id.No.315250 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#791083 t BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P. F/K/A COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING,L.P. CIVIL DIVISION Plaintiff V. NO.: 12-5288 BRYON S. FETTER Defendant(s) CUMBERLAND COUNTY ' AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P.F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P.,Plaintiff in the above action,by the undersigned attorney, forth as of the f sets date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at is f FRANKLIN STREET,CARLISLE,PA 17013-1858. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) BRYON S.FETTER 426 FRANKLIN STREET,CARLISLE,PA 17013- 1858 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) BRYON S:FETTER 426 FRANKLIN STREET CARLISLE,PA 17013-1858 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 None. reasonably ascertained,please indicate) , 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. PH#791083 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 426 FRANKLIN STREET CARLISLE,PA 17013-1858 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION 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 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING 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: �y By: Phelan Hallinan,LLP Emily M.Phelan,Esq.,Id.No.315250 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza,Philadelphia,PA 19.103 215-563-7000 PH#791083 BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO COURT OF COMMON PLEAS BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. CIVIL DIVISION Plaintiff NO.: 12-5288 VS. CUMBERLAND QOUKTY`l BRYON S. FETTER Defendant(s) c!z Ln NOTICE OF SHERIFF'S SALE OF REAL PROPERTY } TO: BRYON S. FETTER ° `' 426 FRANKLIN STREET CARLISLE,PA 17013-1858 "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 426 FRANKLIN STREET,CARLISLE,PA 17013-1858 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$164,447.55 obtained by BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P.F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. (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. 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 SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-5288 BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. V. BRYON S. FETTER owner(s) of property situate in the CARLISLE BOROUGH, CUMBERLAND County, Pennsylvania, being 426 FRANKLIN STREET, CARLISLE, PA 17013-1858 Parcel No. 06-20-1796-033. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $164,447.55 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with improvements situate in the Borough of Carlisle, County of Cumberland,State of Pennsylvania,described as follows: ON the East by Franklin Street;on the South by Lot No.90;on the West by a sixteen foot(16 foot)alley,and on the North by Lots No.92,containing thirty feet(30 feet)in front on Franklin Street and extending back an even width one hundred forty feet(140 feet)to the aforementioned sixteen foot(1.6 foot)alley. TITLE TO SAID PREMISES VESTED IN Bryon S.Fetter,single man,by Deed from George R. Barrick and Margaret J.Banrick,h/w,dated 01/19/2010,recorded 02/03/2010 in Instrument Number 201.003120. PREMISES BEING: 426 FRANKLIN STREET,CARLISLE,PA 17013-1858 PARCEL NO.06-20-1796-033. J WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-5288 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF A0W%= E1. ,N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P.F/K/A COUNTYWIDE HOME LOANS SERVICING,L.P. Plaintiff(s) From BRYON S. FETTER (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 gamishee(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: $164,447.55 Interest FROM 4/16/1.3 TO DATE OF SALE AT$27.03 PER DIEM-$11,217.45 Atty's Comm: Due Prothy: $2.25 Atty Paid: $930.99 Other Costs: Plaintiff Paid: Date: 2/25/14 David D.Buell,Prothonotary ('Seal) LB Dom. Deputy REQUESTING PARTY: Name: EMILY M.PHELAN,ESQUIRE Address: PHELAN HALLINAN,LLP 1.617 HK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.315250 Ci � fF Y i' PHELAN HALLINAN, LLP % "r i • Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 ),,Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034:3tm 1617 JFK Boulevard, Suite 1400 RLAND COW' One Penn Center Plaza PENNS YIN/ I AN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A SUCCESSOR BY CUMBERLAND COUNTY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS COURT OF COMMON PLEAS SERVICING, L.P. Plaintiff, CIVIL DIVISION v. No.: 12-5288 BRYON S. FETTER Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(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 hereto Exhibit "A". Date: <cAs-7/ Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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. PH # 791083 Name and Address Of Sender Phelan Hallinan, LLP Mk1617 JFK Boulevard, uite 14 One Penn Center Pla Philadelphia. PA 1910 AZK/RJG - 06/04/2014 to Line Article Number Name of Addressee, St - - , an Post Office Address 1 **** TENANT/OCCUPA 426 FRANKLIN S ' ET CARLISLE, PA 1701 ' 1858 2 **** COMMONWEALTH I F PEN SYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION 6TH FLOOR, STRA : ERRY Q. DEPT 280601 HARRISBURG, PA 17 28 3 **** DEPARTMENT OF P i LIC LFARE, TPL CASUALTY UNIT, ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUIL ► G HARRISBURG, PA 17115 o A :a V J "it Y 4 „•' i p . • •446y223_,. r '01%4 : r . t - 4 **** DOMESTIC RELATIO S OF CUMBERLAND COUN Y 13 NORTH HANOVER . TREE CARLISLE, PA 17013 5 **** COMMONWEALTH O: PENN'YLVANIA DEPARTMENT OF WE FARE P.O. BOX 2675 HARRISBURG, PA 1711 6 **** INTERNAL REVENUE '1 RVIC ADVISORY 1000 LIBERTY AVEN 0 ROOM 704 PITTSBURGH, PA 15222 $0.47 7 **** U.S. DEPARTMENT OF STIC ; U.S. ATTORNEY FOR l MID t LE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, S PTE 2 ,1 PO BOX 11754 HARRISBURG, PA 17108. 754 $0.47 tii� - t 6:,4 0 t>✓ it .414•410f1..4$110:'. '.t: i Li`.'kfa IIA - = 'of =: <: Writ e_ $3.29 ... .. Total. Number of Pieces listed by Sender Total Number of Pieces Received at Post Office • , . • ster, • (Name of • ,. eiving .loyec) Tho full declaration of value is required on all domesticand international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable documents undca Express Mail document reconstruction insurance is 550.000 per piece subject to a limit of 5500.000 per occurrence. The maximum indemnity payable on Express Mail merchandise is 5500. The maximum indemnity payable is $25,000 for registered mail, sera with optional insurance. See Domestic Mail Manual R900 S913 and 5921 for limitations of coverage. orm 375"17 1'acs JI/1! IC: 49 c WIDEN. A ND PENNSYLCOUNTYVANIA PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Attorney for Plaintiff paul.cressman@phelanhallinan.corn 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff, V. BRYON S. FETTER Defendant(s) : CIVIL DIVISION : No.: 12-5288 NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff s Sale scheduled for 06/04/2014 at 10:00 AM in the above -captioned matter has been continued until 09/03/2014 at 10:00 AM. Date: PH # 791083 Atto - an, Esq., Id. No.318079 y for Plaintiff i- ILIE Pi?0 r1-101'.;0 IJii 2111'4 JUN 1 2 Al- 1 10: 4 9 CUMBERL ANO CO PENNSYLVANIA.UNT' PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff, Attorney for Plaintiff : CIVIL DIVISION v. : No.: 12-5288 BRYON S. FETTER Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: BRYON S. FETTER 426 FRANKLIN STREET CARLISLE, PA 17013-1858 Date: PH # 791083 4r4° essman, Esq., Id. No.318079 PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 ` THE PR p Or Tq QUPEYCOUNT.; BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, . L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. v. BRYON S. FETTER Plaintiff Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-5288 MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above -captioned Defendant, BRYON S. FETTER, by regular mail to BRYON S. FETTER at 426 FRANKLIN STREET, CARLISLE, PA 17013-1858; 1420 BRADLEY DRIVE, APT 313, CARLISLE, PA 17013 and posting 426 FRANKLIN STREET, CARLISLE, PA 17013-1858 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for September 3, 2014. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant, BRYON S. FETTER, with the Notice of Sale at the mortgaged premises, 426 FRANKLIN STREET, CARLISLE, PA 17013-1858, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". The property was found to be vacant. 4. Attempts to serve Defendant, BRYON S. FETTER, with the Notice of Sale at 1420 BRADLEY DRIVE, APT 313, CARLISLE, PA 17013, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". There was no response after several attempts. 5. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 6. Plaintiff contacted the Prothontary's Office and as of June 13, 2014, no Judge has previously entered a ruling in this case. 7. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on JULY 2, 2014 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs JULY 2, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 8. Plaintiff submits that it has made a good faith effort to locate the Defendant, BRYON S. FETTER, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by regular mail to BRYON S. FETTER at 426 FRANKLIN STREET, CARLISLE, PA 17013-1858; 1420 BRADLEY DRIVE, APT 313, CARLISLE, PA 17013 and posting 426 FRANKLIN STREET, CARLISLE, PA 17013-1858 and by publication. Phelan Hallinan, LL DATE: ) i i0 iff By: Jo han Lobb, Esquire Bar ID No: 312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. v. BRYON S. FETTER Plaintiff Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-5288 PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, BRYON S. FETTER, are unknown, a reasonable investigation of his/her last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriffs return of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the return of service, hereto as Exhibit "A", the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P. Rule 430 by regular mail to BRYON S. FETTER at 426 FRANKLIN STREET, CARLISLE, PA 17013-1858; 1420 BRADLEY DRIVE, APT 313, CARLISLE, PA 17013 and posting 426 FRANKLIN STREET, CARLISLE, PA 17013-1858 and by publication pursuant to PA.R.C.P. 3129.2. DATE: 7 1/0 !IV Phelan Hallinan, LLP By: Jon. ' an Lo . b, Esquire Bar D No: 312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. v. BRYON S. FETTER Plaintiff Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-5288 CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail, postage prepaid to the following interested parties on the date indicated below. BRYON S. FETTER 426 FRANKLIN STREET CARLISLE, PA 17013-1858 BRYON S. FETTER 1420 BRADLEY DRIVE, APT 313 CARLISLE, PA 17013-1265 DATE: to y Phelan Hallinan, LLP By: Jonathan Lobb, Esquire Bar ID No: 312174 Attorney for Plaintiff EXHIBIT "A" 791083 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME PHS # 297321 LOANS SERVICING, L.P. DEFENDANT BRYON S. FETTER SERVE BRYON S. FETTER AT: 426 FRANKLIN STREET CARLISLE, PA 17013-1858 SERVICE TEAM/ Ixh. COURT NO.: 12-5288 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: September 4, 2013 SERVED Served and made known to BRYON S. FETTER, Defendant on the _ day of , 20 _, at , o'clock M., at , in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex. Other a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above, I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE:.. _ NAME: PRINTED NAME: TITLE: NOT SERVET) On the tlayy;of , 2013 at" il'eloek Q M I l state that. e entlttiat ` cau.sw Vacant Does Not Exist Moved _ Does Not Reside (Not Vacant) a competent adult hereby No Answer on at Service Refused Other: I understand that this statement is made subject to the penalties falsification to.ntithnrifies. BY: PRINTED NAME: t�`'Pt ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 at of 18 Pa. C.S. Sec. 4904 relating to unsworn Process Server Check List If Service Is Made: Spouses Names if Applicable Wife: Husband: Divorced: Yes ( ) No ( No Service Made 1.. Vacant: Yes ) No ( ) 2. Is there a name on the mailbox? Is it the defendants? 3: Neighbor Contact:Yes Left Side: No ( Right Side:_ 4. For Sale Sign: Yes (X ) No ( ) 1. Realtor Name:;'_: Company Name: 'e_.w Phone Number : -(1. O l p 5 Car in Drive Way Yes ( ) No f� Plate Number: WAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/KJA COUNTRYWIDE HOME PH # 791083 L. LOANS SERVICING, P. DEFENDANT BRYON S. FETTER SERVE BRYON S. FETTER AT: 1420 BRADLEY DRIVE APT 313 CARLISLE, PA 17013-1265 SERVICE TEAM/ lxh COURT NO.: 12-5288 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 201 SERVED Served and made known to BRYON S. FETTER, Defendant on the _ day of , 2 , o'clock _. M., at , in the manner described below: Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other _, at I, , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the ' . to and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: A NOT SERVED On the Q day of PR L 2011, at _70 o'clock . M., I, state tha[ 15e�endant NOT FOUND because: Ronald Moll , a cdmpetent adult hereby _ Vacant Does Not Exist _ Moved _ Does Not Res'de (Not Va IL No Answer on 31112-114 at S% 20 P"- 3 i /(kc 4',,014 f 1:55 Service Refused Other: I unde t this statemeryt is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsificatio orities. BY: L�..i�►'� ant) 4/t/14& S:•pors,. d . to au PRINTED NAME: onald Moll ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 EXHIBIT "B" 791083 AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 791083 Attorney Firm: Phelan Hallinan LLP ••.Subject: Bryon S. Fetter Property Address: 426 Franklin Street, Carlisle, PA 17013 Possible Mailing Address: 1420 Bradley Drive, Apartment 313, Carlisle, PA 17013 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Bryon S. Fetter - xxx-xx-6923 B. EMPLOYMENT SEARCH Bryon S. Fetter - A review of the credit reporting agencies provided no employment information. . C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Bryon S. Fetter reside(s) at: 1420 Bradley Drive, Apartment 313, Carlisle, PA 17013. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which had no listing for Bryon S. Fetter. : B. On 03-03-14 our office searched directory assistance databases, whichhad no phone number for Bryon S. Fetter. III. INQUIRY OF NEIGHBORS • On 03-03-14 our office made several phone calls in an attempt to contact Pamela L. Hodge (717) 249-4825, 420 Franklin Street, Carlisle, PA 17013: no answer On 03-03-14 our office made several phone calls in an attempt to contact Jimmie ;R.. Foster (717) 254-6269, 424 Franklin Street, Carlisle, PA 17013: no answer' On 03-03-14 our office made several phone calls in an attempt to contact Shpend Jusufi (717) 254-6767,1420 Bradley Drive Apartment 314, Carlisle, PA 17013: answering machine On 03-03-14 our office made several phone calls in an attempt to contact JulieL. Ham (717) 243-6056,1420 Bradley Drive Apartment 213, Carlisle, PA 17013: answering machine Using our white pages database our office was unable to locate any additional neighbors for 426_Franklin Street- Carlisle, PA 17013. Using our white -pages database our office was unable to locate any additional neighbors for 1420 Bradley Drive, Apartment 313, Carlisle, PA 17013. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 03-03-14 we reviewed the National Address database and found the following information: Bryon S. Fetter -1420 Bradley Drive, Apartment 313, Carlisle, PA 17013. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: 1420 Bradley Drive, Apartment 313, Carlisle, PA 17013. V. OTHER INQUIRIES • A. DEATH RECORDS • As of 03-03-14 Vital Records and all public databases have no death record on file for • Bryon S. Fetter. j:VL ADDITIONAL.INFORMATION OF SUBJECT , : ,.A. ;;YEAR Bryon S. Fetter. -1964.: • .B.... A.K.A. Bryon Scott Fetter * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. her by_yerify that the statements made herein are true and correct to the best of my knowledge, information and belief and that thisaffidavit of investigation is made subject to the;penalties of 18 Pa .� Sec. 4904 relating to unsworn falsification to authorities. e.5 The above information is obtained from available public records and we are only liable for the cost of the affidavit. EXHIBIT "C" Name and Address Of Sender Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 LNM Line Article Number Name of Addressee, Street, and Post Office Address Postage 1 **** BRYON S. FETTER $0.48 1420 BRADLEY DRIVE APT 313 CARLISLE, PA 17013 2 **** Bryon S. Fetter $0.48 426 FRANKLIN STREET CARLISLE, PA 17013-1858 RE: BRYON S. FETTER (CUMBERLAND) TEAM 4 PH # 791083/1021 Page 1 of 1 $0.96 ****CONCURRANCE***** LNM Total Number of Total Number of Pieces Postmaster, Per (Name of The full declaration of value is required on all domestic and international registered mail. The n Pieces Listed by Sender Received at Post Office Receiving Employee) for the reconstruction of nonnegotiable documents under Express Mail document reconstruction piece subject to a limit of $500,000 per occurrence. The maximum indemnity payable on Expre The maximum indemnity payable is $25,000 for registered mail, sent with optional insurance. 5 R900 S913 and S921 for limitations of coverage. orm its / / .L acs >tm>i1e 791083 LAUREN MATTER, Service Department July 2, 2014 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail LAUREN.MATTER@fedphe.com Legal Assistant, Ext. 1399 Representing Lenders in Pennsylvania BRYON S. FETTER 426 FRANKLIN STREET CARLISLE, PA 17013-1858 RE: BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. v. BRYON S. FETTER Premises Address: 426 FRANKLIN STREET, CARLISLE, PA 17013-1858 CUMBERLAND County, No. 12-5288 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by JULY 9, 2014. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, LAUREN MATTER, Legal Assistant for Phelan Hallinan, LLP 791083 l LAUREN MATTER, Service Department July 2, 2014 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail LAUREN.MATTER@fedphe.com Legal Assistant, Ext. 1399 Representing Lenders in Pennsylvania BRYON S. FETTER 1420 BRADLEY DRIVE CARLISLE, PA 17013 RE: BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. v. BRYON S. FETTER Premises Address: 426 FRANKLIN STREET, CARLISLE, PA 17013-1858 CUMBERLAND County, No. 12-5288 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by JULY 9, 2014. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, LAUREN MATTER, Legal Assistant for Phelan Hallinan, LLP 791083 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, : L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. v. BRYON S. FETTER Plaintiff Defendant CIVIL DIVISION NO. 12-5288 r;. ria C. ORDER AND NOW, this 14 day of , 2014, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant BRYON S. FETTER by: REGULAR MAIL TO BRYON S. FETTER at 426 FRANKLIN STREET, CARLISLE, PA 17013-1858; 1420 BRADLEY DRIVE, APT 313, CARLISLE, PA 17013 Service by mail is complete upon the date of mailing POSTING 426 FRANKLIN STREET, CARLISLE, PA 17013- 1858 PH #99-1-083 Ge'PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 BY THE ' OURT: 4 1 PHELAN HALLINAN, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. vs. BRYON S. FETTER Plaintiff Defendant f CE 2014 AUG 25 M 9: 46 CUER e0 PENNSYLVANIA COUNTY CUMBERLAND COUNTY COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-5288 AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail to BRYON S. FETTER on 7/30/2014 in accordance with the Order of Court dated 7/16/2014. The property was posted on 8/2/2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. DATE: ( G 2l% �G Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. BRYON S. FE 1"1'hR Plaintiff Defendant ORDER AND NOW, this ... jl.- day of CIVIL DIVISION c -p mW zrn -< D <o >n NO. 12-5288 2014, after consideration of Plaintiffs Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant BRYON S. FETTER by: REGULAR MAIL TO BRYON S. FETTER at 426 FRANKLIN STREET, CARLISLE, PA 17013-1858; 1420 BRADLEY DRIVE, APT 313, CARLISLE, PA 17013 Service by mail is complete upon the date of mailing POSTING 426 FRANKLIN STREET, CARLISLE, PA 17013- 1858 PH # 791083 CC PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 BY THE COURT: IP PLAINTIFF BANK OF AMERICA, N,A SUCCESSOR HOME LOANS SERVICING, L.P. F/K/A LOANS SERVICING, L.P. DEFENDA NT BRYON S. FETTER SERVE BRYON S. FETTER AT: 426 FRANKLIN STREET CARLISLE, PA 17013-1858 ***'PLEASE POST THE PROPERTY*** AFFIDAVIT OF SERVICE CUMBERLAND COUNTY BY MERGER TO BAC COUNTRYWIDE HOME PH 4 791083 SERVED Served and made known u7 BRYt?N S, FETTER, Defendant tin the o'clock A. M.,;sI1 6.IrRA KL1fg,,STRIMT. CARLISLEiPA 11013 1fr i Defendant personally served. Adult family member with whom Defendant(s) reside(s), Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. man officer of said Defendant's company. XX Other: POSTED THE,PRPPFRTY SERVICE TEAM/ spi COURT NO.: 12-5288 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 09/03/2014 as allay of 1...A6 -US 1 , 20 kg, at 1D'3‘ in the manner described below: I7ese,0pt104AAe`•• Height Weight Race Sex Other XCi1n1dIVItI, a competent adult, hereby verify that I personally posted the property with a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this. 5ttttetnji 1L made subject to the penalties of 18 Pa, C,S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ?1(`>y NAME: PRINTED NAME: _..: Ronald Moll TITLE: Process Server NOT SERVED On the _ day of20 , at o'clock . M., 1, state that Defendant 17TTTUONTYVecause: Vacant Does Not Exist No Answer on -tat Service Refused Other: I understand that this statement is made subject to the penalties of .18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities, • ,. a competent adult hereby Moved _Does Not Reside (Not Vacant) BY:. .. PRINTED NAME:. ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S, Ilallinan, Esq., Id. No. 62695 Daniel C. Schrnieg, Esq., Id. No. 62205 Michele M. Bradford, lice., Id. Na, 6984.9 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tubas, Esq., Id. No, 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No, 84439 Chrisovalante P. Fliakos, Esq., Id. No, 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Mario J. lianvon, Esq., Id. No. 203993 Matthew G. Brushwood, Esq., Id, No. 310592 Justin F. Koheski, Esq., Id. No. 200392 Adam Davis, Esq„ Id. No, 203034 Joseph B. DeBarherie, Esq„ Id. No, 315421 5 r Name and Address I atSender PRELAN HALLINAN, LLP ONE PENN CENTER PLAZA, SUITE 1400 PHIi,A13ELPI3MA, PA 191.034814 Ginn Article Numbs. Norm of Addressee. Suit, and Pnst OMcs Addroa BRYON S. FETTER 426 FRANKLIN STREET CARLISLE PA 17013-1858 .• BRYON S. FETTER 1420 BRADLEY DRIVE, APT 313 CARLISLE,. PA 17013-1265 . . =e". 5 PNS# 791083 Total Numbs of Pieces Listed by Sends Total Number ofPtcces Received al Post Office Poslsnasue, Per (Nuns of Receiving Employcn) LAS/NOS-CERTIFICATE OF MAILING - CODE 1020 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,M, 1 ` - OFFIC uatiti3�1}, of Erarr(�rt Cir: r f PR 1 HONo R Y ?Ja44OCT 30 Ati,9:47 CUMBERLAND COUNTY PENNS YLVA NIA Q ECCE OE' THE SHERIFF Bank of America N.A. vs. Case Number Bryon S. Fetter 2012-5288 SHERIFF'S RETURN OF SERVICE 03/25/2014 04:47 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 426 Franklin Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 05/29/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/3/2014 09/03/2014 Ronnie 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, 1 Courthouse Square, Carlisle, PA 17013, on Wednesday, September, 3, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, L.P., F/K/A Countrywide Home Loans Servicing, L.P., being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $862.18 SO ANSWERS, October 14, 2014 RONNY R ANDERSON, SHERIFF 9'#4774 A 3 c) CountySule S=,eriff, Teleosoft. Inc. On February 27, 2014 the Sheriff levied upon the odefendant's interest in the real, property situated in LL c:t Mechanicsburg Borough, Cumberland County, PA, -.O N CC.•r' Known and numbered as 426 Franklin Street, Carlilsle, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: February 27, 2014 By: Real Estate Coordinator LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2012-5288 Civil Term Bank of America N.A. vs. Bryon S. Fetter Atty.: Joseph Schalk By virtue of a Writ of Execution No. 12-5288, BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. f/k/a COUNTRYWIDE HOME LOANS SERVICING, L.P. v. BRYON S. FET- TER owner(s) of property situate in the CARLISLE BOROUGH, CUMBER- LAND County, Pennsylvania, being 426 FRANKLIN STREET, CARLISLE, PA 17013-1858. Parcel No. 06-20-1796-033. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $164,447.55. 54 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 patriotNews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller 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 COPY 2012-5288 CMI Term Bank of America N.A. Vs Bryon S. Fetter Atty: Joseph Schalk By virtue of a Writ of Execution No. 12-5288 BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. v. BRYON S. FE ITER owner(s) of property situate in the CARLISLE BOROUGH, CUMBERLAND County, Pennsylvania, being 426 FRANKLIN STREET, CARLISLE, PA 17013-1858 Parcel No. 06-20-1796-033. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $164,447.55 This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 Sworn to - d subscribed before this 02 day of May, 2014 A.D. ublic COMMONWEALTH OF PENNSYLVANIA Notarial Holly Lynn Warfel Seal tary PuNicHolly Washington TWp., Dauphin County Commission Ex.tes Dec. 12 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Bank of America N A SBM to BAC Home Loan Ser L P FKA Countrywide Home Loan Ser LP is the grantee the same having been sold to said grantee on the 3rd day of September A.D., 2014, under and by virtue of a writ Execution issued on the 25th day of February, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 5288, at the suit of Bank of America N A SBM BAC Home Loan Ser L P FKA Countrywide Home Loan Ser LP against Bryon S Fetter is duly recorded as Instrument Number 201424919. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 36 day of e9-tiL-gaiL , A.D. (76/v 4,, i Recorder of Deeds ecorder c eds, Cumberland County, Carlisle, PA My Comm sion Expires the First Monday of Jan. 2018 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: April 18, April 25 and May 2, 2014 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. Lisa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this da of Ma 2014 Notary COMMONWEALTH OF PENNSYLVANIA 1 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018