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HomeMy WebLinkAbout13-5980 Supreme Court:oUennsylvania Cour : ' Com u Pleas For Prothonotary Use Only: � �et CU' . EAND y Cou Docket No: 1 f 13 -SW) The information collected on this form is used solely for court administration purposes. This form As not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S ❑x Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiff's Name: BANK OF AMERICA, N.A., AS Lead Defendant's Name: HECTOR PADILLA, JR C SUCCESSOR BY MERGER TO BAC HOME LOANS T SERVICING, LP F/K/A COUNTRYWIDE HOME I LOANS SERVICING, LP Dollar Amount Requested: ❑ within arbitration limits O Are money damages requested? ❑ Yes 0 No (Check one) ❑x outside arbitration limits N Is this a Class Action Suit? ❑ Yes n No Is this an MDJ Appeal? ❑ Yes ❑x No A Name of Plaintiff/Appellant's Attorney: Adam H. Davis, Esq., Id. No.203034, Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: E ❑ Slander/Libel/ Defamation Discrimination ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑Other: O ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 0110112011 �tvc L O . � l NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 816099 i f r y PR THONO 2313 OCT 1 AM 10. 23 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com 215 -563 -7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP CIVIL DIVISION 7105 CORPORATE DRIVE PLANO, TX 75024 TERM I Plaintiff NO. 13 1 V. CUMBERLAND COUNTY HECTOR PADILLA, JR 651 BELVEDERE STREET CARLISLE, PA 17013 -3508 DEBRA A. PADILLA 651 BELVEDERE STREET CARLISLE, PA 17013 -3508 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE O S File #: 816099 �jlTv 13s7 a �� I . Plaintiff is BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: HECTOR PADILLA, JR 651 BELVEDERE STREET CARLISLE, PA 17013 -3508 DEBRA A. PADILLA 651 BELVEDERE STREET CARLISLE, PA 17013 -3508 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/30/2007 HECTOR PADILLA, JR and DEBRA A. PADILLA made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Instrument No. 200840336.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, directly or through an agent, has possession of the promissory note. The promissory note is either made payable to BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP or has been duly endorsed. File #: 816099 5. The premises subject to said mortgage is described as attached. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2011 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. 7. The following amounts are due on the mortgage as of 05/15/2013: Principal Balance $180,541.61 Interest $27,927.45 03/01/2011 through 05/31/2013 Late Charges $73.97 Escrow Deficit $10,857.34 Subtotal $219,400.37 Suspense Credit 62.68 TOTAL $219,337.69 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA- insured. 10. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have File #: 816099 been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $219,337.69, 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, LLP By: 2 ::t l Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff File #: 816099 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Eastern side of Belvedere Street, in the dividing line between Lots Nos. 87 and 88 on the hereinafter mentioned Plan of Lots; thence along the Eastern side of Belvedere Street, North 4 degrees 55 minutes 50 seconds West 100 feet to a point; thence by the dividing line between Lots Nos. 88 and 89 on said Plan of Lots, North 85 degrees 4 minutes 10 seconds East 150 feet to a point; thence by the dividing line between Lots Nos. 88 and 108 in said Plan of Lots, South 4 degrees 55 minutes 50 seconds East 100 feet to a point; thence by the dividing line between Lots Nos. 87 and 88 in said Plan of Lots, South 85 degrees 04 minutes 10 seconds West 150 feet to the place of BEGINNING. PROPERTY ADDRESS: 651 BELVEDERE STREET, CARLISLE, PA 17013 -3508 PARCEL #04 -22- 0481 -054. File #: 816099 VERIFICATION P a o l &61 �j`��a , hereby states tha le she is A SS IS64VlaRe ied of BANK OF AMERICA, N.A., Plaintiff in this matter, tha he 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 ofa /her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: Name: pv) #7 1c .AoQ / Dll/c-- Title: A ss 5.6 rtt V t c, ' Pre- S i* d*e n-f BANK OF AMERICA, N.A. File #: 816099 Name: PADILLA File #: 816099 FORM 1 IN THE COURT OF COMMON PLEAS BANK OF AMERICA, N.A., AS SUCCESSOR BY OF CUMBERLAND COUNTY, PENNSYLVANIA �,_• MERGER TO BAC HOME LOANS SERVICING, C_ t • rv , LP F/K/A COUNTRYWIDE HOME LOANS � Z w` SERVICING, LP c7 Plaintiff(s) = _4 t VS. ti 4 HECTOR PADILLA, JR DEBRA A. PADILLA TM { — d Defendants) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible fora conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative 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. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all 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 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 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 REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: LoZ //z Ae.. 7�� Date Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistan ce, 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: CUSTOM P. Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): , Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2° d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuit. 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 ❑ 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: AUTHORIZATION I/We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I /we am/are under no obligation to use the counseling 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. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson j-U - Sheriff i ;ike ti�t�ry Li callayt, Jody S Smith Chief Deputy 13 DEC -5 PM 2: u? Richard W Stewart p CUMBERLAND COUNTY Solicitor -A.p PENNSYLVANIA Bank of America NA vs. Case Number Hector Padilla, Jr. (et al.) 2013-5980 SHERIFF'S RETURN OF SERVICE 10/18/2013 07:34 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Hector Padilla, Jr. at 651 Belvedere Street, Carlisle Borough, Carlisle, PA 17013. C ! JASON KINS R,DEPUTY 10/24/2013 09:20 PM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Debra A Padilla at 238 S. West St, Carlisle Borough, Carlisle, PA 17013. RONALD HOOVER, DEPUTY SHERIFF COST: $57.56 SO ANSWERS, October 25, 2013 RONNK R ANDERSON, SHERIFF �,, i, PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 BANK OF AMERICA, N.A., AS SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS Civil Division SERVICING, LP 7105 CORPORATE DRIVE No. 13-5980-CIVIL PLANO, TX 75024 Cumberland County Plaintiff v. HECTOR PADILLA, JR L, i 651 BELVEDERE STREET CARLISLE, PA 17103-3508 - rr,r n r- :;=,) DEBRA A. PADILLA u7 r 651 BELVEDERE STREET -' ` CARLISLE, PA 17013-3508 =-`, -° '�n Defendants c MOTION TO LIFT CONCILIATION STAY Plaintiff, Bank of America,N.A., as successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP (hereinafter "Plaintiff'), by its attorney, D. Troy Sellars, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On October 14, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due April 1, 2011, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit"A". 2. On October 24, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion 816099 . Program Notice upon the Defendants. A true and correct copy of the Sheriff's Return of Service is attached hereto, made part hereof and marked as Exhibit"B". 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendants may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendants has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendants have opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HAL INAN, LLP Date: r 3 1 /1I BY: �- �----" D. Troy S ars, Esquire Attorney for Plaintiff 816099 • Exhibit "A" -'f- THE PR4 HOMO TAR 20i3OCT 14 AM ID: 23 CUMBERLAND COUNTY PENNSY'LVAMIA PHELAN HALLINAN,LLP Adam H.Davis,Esq.,Id.No.203034 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 Ada mDavia®PhelanHallinan.com 215-563-7000 BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP COURT OF COMMON PLEAS F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP CIVIL DIVISION 7105 CORPORATE DRIVE PLANO,TX 75024 TERM Plaintiff NO. 13 %O 30;Lcreeri v' CUMBERLAND COUNTY HECTOR PADILLA,JR 651 BELVEDERE STREET CARLISLE,PA 17013-3508 DEBRA A.PADILLA 651 BELVEDERE STREET CARLISLE,PA 17013-3508 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE. 11°14 We hereby cattily the bittneY File within to be a true and File 8: 616099 Please Return - correct copy of the original filed of record L NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages,you must take action within twenty(20)days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so,the case may proceed without you,and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 File it 816099 1. Plaintiff is BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO,TX 75024 2. The name(s)and last known address(es)of the Defendant(s)are: HECTOR PADILLA,JR 651 BELVEDERE STREET CARLISLE,PA 17013-3508 DEBRA A.PADILLA 651 BELVEDERE STREET CARLISLE,PA 17013-3508 who is/are the mortgagor(s)and/or real owner(s)of the property hereinafter described. 3. On 08/30/2007 HECTOR PADILLA,JR and DEBRA A. PADILLA made,executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Instrument No. 200840336.The mortgage and assignment(s), if any,are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g);which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. BANK OF AMERICA,N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP, directly or through an agent, has possession of the promissory note. The promissory note is either made payable to BANK OF AMERICA,N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP or has been duly endorsed. 816099 5. The premises subject to said mortgage is described as attached. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2011 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. 7. The following amounts are due on the mortgage as of 05/15/2013: Principal Balance $180,541.61 Interest $27,927.45 03/01/2011 through 05/31/2013 Late Charges $73.97 Escrow Deficit $10,857.34 Subtotal $219,400,37 Suspense Credit ($62.68) TOTAL $219,337.69 8, Plaintiff is not seeking a judgment of personal liability(or an in personam judgment) against the Defendant(s)in the Action;however,Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding,this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law, 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. I 0. Notice of Intention to Foreclose as set forth in Act 6 of 1974,Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983,as amended in 2008, and/or Notice of Default as required by the mortgage document,as applicable,have File# 516099 been sent to the Defendant(s)on the date(s)set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s)has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency,or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s)in the sum of $219,337,69,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. PH.E.LAN HALLINAN,LLP By: / ` 444—, , + Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff File N: 816099 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected,situate in the Third Ward of the Borough of Carlisle, Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING at a point on the Eastern side of Belvedere Street, in the dividing line between Lots Nos. 87 and 88 on the hereinafter mentioned Plan of Lots;thence along the Eastern side of Belvedere Street,North 4 degrees 55 minutes 50 seconds West 100 feet to a point;thence by the dividing line between Lots Nos. 88 and 89 on said Plan of Lots,North 85 degrees 4 minutes I0 seconds East 150 feet to a point; thence by the dividing line between Lots Nos. 88 and 108 in said Plan of Lots, South 4 degrees 55 minutes 50 seconds East 100 feet to a point;thence by the dividing line between Lots Nos. 87 and 88 in said Plan of Lots, South 85 degrees 04 minutes 10 seconds West 150 feet to the place of BEGINNING. PROPERTY ADDRESS: 651 BELVEDERE STREET, CARLISLE,PA 17013-3508 PARCEL 1104-22-0481-054. Pile#. 816099 FORM 1 IN THE COURT OF COMMON PLEAS BANK OF AMERICA,N.A„AS SUCCESSOR BY ; OF CUMBERLAND COUNTY,PENNSYLVANIA MERGER TO I3AC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP Plaintiffs) vs. HECTOR PADILLA,JR DEBRA A.PADILLA Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have 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 MidPenn Legal Services at(717)243-9400 extension 2510 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 representative 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. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference.It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative.However,you must provide your lawyer with all 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 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 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 REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted; Date Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete 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: 1111211121M I MEM ME 11 111 1111 Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes 0 No(j Listing date: Price:$ Realtor Name: Realtor Phone: Borrower Occupied? Yes 0 No—_ r Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: .,.r �.. Other: Email: _ _ . w . #of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? Mortgage Lender: Type of Loan: �. Loan Number: Date You Closed Your Loan: • Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes&Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes❑ No❑ If yes,provide names,location of court,case number&attorney: � _ • ^ . ______ ___ — ______ ______- Assets Amount Owed: Value: Home: $ $__ Other Rea Estate: $ Retirement Funds: _ � Investments: $ $ Checking: $__ Savings: $ $ Other: $ $ _— Automobile#1:Mode!: Year: Amount owed: Value:__ Automobile#2:Model: _ Y8ar: Amount owed: Value: Other transportation(autom nueo boats.motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: I., _ _________ __K1ootNyGows Monthly Net 2. _ .. Monthly Gross Y�ooUUyN�_________ 3. Monthly Gross Monthly Nmt__ Additional Income Description(not wages)/ I. _ao/tNy amount: ____ 2._ )nondJymmount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses:(Please only include expenses you are currently paying) EXPENSE Mortgage 2 Mortgage Car Payment(s) , Auto Insurance Auto fuel/repairs Install.Loan Payment AMOUNT EXPENSE FOOd Utilities Day/Child Core/Tuit. _ Med.(not oo v erod_) ,Other prop.payment Cable TV Spending Money AMOUNT Other En^oguey _ __ __ Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes El No If yes,please provide the following information: Counseling A&000y: __. Counselor: Phone(Office): ______ _____ Fuu�____ 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 El No 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: I/We, ,authorize the above named _ to use/refer this information to my lenderlservicer 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 counseling 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. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement(if properly is currently on the market) VERIFICATION. 1 ael1Mtt 101(,ik,hereby states that( she is S Isimfihtt,[Teldel of BANK OF AMERICA,N.A.,Plaintiff in this matter,the e.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 offfhe.r information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S.Sec. 4904 relating to unswom falsification to authorities. DATE: (e / / 3 Name:( 6„®�Y/'jrc`,aQ 1 !//e_ Title:A SS I spa sit Re 5 BANK OF AMERICA,N.A. File#: 816099 Name:PADILLA File#; 8 76099 Exhibit "B" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ��ttittt oftutf�rPlrrrr# Jody S Smith ;, 3 DEC -5 PM 2; 54 Chief Deputy =t• " Richard W Stewart `° • CUMBERLAND COUNTY Solicitor PENNSYLVANIA Bank of America NA Case Number vs Hector Padilla, Jr. (et al) 2013-5980 SHERIFF'S RETURN OF SERVICE 10/18/2013 07:34 PM-Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Hector Padilla, Jr. at 651 Belvedere Street, Carlisle Borough, Carlisle, PA 17013. JASON KINS F;`DE UTY 10/24/2013 09:20 PM-Deputy Ronald Hoover, being duly sworn according to law,served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Debra A Padilla at 238 S.West St, Carlisle Borough,Carlisle, PA 17013, RONALD HOOVER, DEPUTY SHERIFF COST: $57.56 SO ANSWERS, October 25, 2013 RONtvR ANDERSON,SHERIFF PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 BANK OF AMERICA, N.A., AS SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS Civil Division SERVICING, LP 7105 CORPORATE DRIVE No. 13-5980-CIVIL PLANO, TX 75024 Cumberland County Plaintiff v. HECTOR PADILLA, JR 651 BELVEDERE STREET CARLISLE, PA 17103-3508 DEBRA A. PADILLA 651 BELVEDERE STREET CARLISLE, PA 17013-3508 Defendants CERTIFICATION OF SERVICE I, D. Troy Sellars, Esquire, certify that I caused true and correct copies of Plaintiff's Motion to Lift Conciliation Stay and proposed Order to be sent sent via first class mail to the person listed below on the date indicated: HECTOR PADILLA, JR DEBRA A. PADILLA 651 BELVEDERE STREET 238 S. WEST STREET, CARLISLE, PA 17103-3508 CARLISLE BOROUGH, CARLISLE, PA 17013 DEBRA A. PADILLA 651 BELVEDERE STREET CARLISLE, PA 17013-3508 Date: 1 13i/'y \14, 4/1 - D. Troy Sears, Esquire Attorney for Plaintiff 816099 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA,N.A., AS SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS Civil Division SERVICING, LP 7105 CORPORATE DRIVE No. 13-5980-CIVIL PLANO, TX 75024 Cumberland County Plaintiff v. HECTOR PADILLA,JR 2 651 BELVEDERE STREET CARLISLE, PA 17103-3508 ix r r j- DEBRA A. PADILLA c, 651 BELVEDERE STREET CARLISLE, PA 17013-3508 - Defendants -< —a ORDER AND NOW,this /p. day of , 2014, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County J Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY TH COURT: J. C C : Hector Padilla,Jr. Debra A. Padilla D. Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff 816099 4 . • 7 , f12ELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 6 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 yIECTOR PADILLA, JR / 651 BELVEDERE STREET CARLISLE, PA 17103-3508 6�EBRA A. PADILLA 51 BELVEDERE STREET CARLISLE, PA 17013-3508 riE BRA A. PADILLA 38 S. WEST STREET, CARLISLE BOROUGH, CARLISLE, PA 17013 C:1/0 , /1y I£S i fit 1.SCE =14? . .. 816099 HaPA PHELAN HALLINAN, LLP 27 r.!,/ Emily M. Phelan, Esq., Id. No.315250 1617 JFK Boulevard, Suite 1400 iLAiJ COUTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 emily.phelan@phelanhallinan.com 215-563-7000 Attorney for Plaintiff BANK OF AMERICA, N.A., AS : CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A : COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING, LP : CIVIL DIVISION vs. : No. 13-5980-CIVIL TERM HECTOR PADILLA, JR DEBRA A. PADILLA PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against HECTOR PADILLA, JR and DEBRA A. PADILLA, Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $219,337.69 $219,337.69 I hereby certify that (1) the Defendants last known addresses are 651 BELVEDERE STREET, CARLISLE, PA 17013-3508 and 238 SOUTH WEST STREET, CARLISLE, PA 17013-38 8, and (2) that notice has been given in accordanc •th Rule .P 237.1. Date Emily M. Phelan, Esq., Id. No.315250 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: g PH # 816099 816ap/t40/0scr 2 2o(1 PHELAN HALLINAN, LLP Emily M. Phelan, Esq., Id. No.315250 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 emily.phelan@phelanhallinan.com 215 -563 -7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F /K/A COUNTRYWIDE HOME LOANS SERVICING, LP vs. HECTOR PADILLA, JR DEBRA A. PADILLA Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 13 -5980 -CIVIL TERM 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 defendants HECTOR PADILLA, JR and DEBRA A. PADILLA are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant HECTOR PADII,LA, JR is over 18 years of age and resides at 651 BELVEDERE STREET, CARLISLE, PA 17013 -3508. (c) that defendant DEBRA A. PADILLA is over 18 years of age and the last known addresses of the defendant are 238 SOUTH WEST STREET, CARLISLE, PA 1701.3- 3878 and 651 BELVEDERE STREET, CARLISLE, PA 17013 -3508. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date 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 816099 Department of Defense Manpower Data Center Results as of : Mar -26 -2014 05:16:56 AM SCRA 3.0 StaLI.LS R o 4 pmt tc� Service embers Civil Relief Act Last Name: PADILLA First Name: DEBRA Middle Name: A Active Duty Status As Of: Mar -26 -2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No i NA This response reflects the individuals' active duty status based on the Active 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 The Member or His /Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Slant Dale Order Notification End Dale Status Service Component NA NA - No NA This response reflects whether the individual or his/her unit has received early notification lo report for active duly Upon searching the data banks of the Department of Defense Manpower 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. Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Results as of : Mar -26 -2014 05:17:06 AM SCRA 3.0 Status Report Pursuant to Servicem Civil Relief Act. Last Name: PADILLA First Name: HECTOR Middle Name: Active Duty Status As Of: Mar -26 -2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA . - No NA This response reflects the individuals' active duty status based on the Active 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 The Member or His /Her Unit Was Notified of a Future Call-Up to Active Duty on Active Outy Status Date Order Notification Start Dale Order Notification End Dale Status Service Component NA NA - . No' NA This response reflects whether the individual or his/her unit has receted early notification lo report for active duty Upon searching the data banks of the Department of Defense Manpower 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. 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., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F /K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff v. HECTOR PADILLA, JR DEBRA A. PADILLA Defendant(s) TO: DEBRA A. PADILLA 651 BELVEDERE STREET CARLISLE, PA 17013 -3508 DATE OF NOTICE:t t COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -5980 -CIVIL TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR AT 1`EMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PH # 816099 By:... Chrisovalante P. Fliakos, Esq., Id. No.94620 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F /K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff v. HECTOR PADILLA, JR DEBRA A. PADILLA Defendant(s) TO: DEBRA A. PADILLA 238 SOUTH WEST STREET CARLISLE, PA 17013 -3878 DATE OF NOTICE: l 1 k ly COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -5980 -CIVIL TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO PEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 816099 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Chrisovalante P. Fliakos, Esq., Id. No.94620 Attorney for Plaintiff Phelan Hallinan, LLP 1617 IFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F /K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff v. HECTOR PADILLA, JR DEBRA A. PADILLA COURT OF COMMON PLEAS CIVIL DIVISION NO. 13- 5980 -CIVIL TERM CUMBERLAND COUNTY Defendant(s) TO: HECTOR PADILLA, JR 651 BELVEDERE STREET CARLISLE, PA 17013 -3508 DATE OF NOTICE: I t 1' THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY O1 FER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240 -6195 PH # 816099 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Chrisovalante P. F]iakos, Esq., Id. No.94620 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (Rule of Civil Procedure No. 236) - Revised BANK OF AMERICA, N.A., AS : CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F /K/A : COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING, LP : CIVIL DIVISION vs. : No. 13- 5980 -CIVIL TERM HECTOR PADILLA, JR DEBRA A. PADILLA Notice is given that a Judgment in the above captioned matter has been entered against you on J 1a, ,� . ":. 6' By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Emily M. Phelan, Esq., Id. No.315250 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 * Y 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.** 816099 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Bank of America, N.A., as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP Plaintiff V. Hector Padilla, Jr Debra A. Padilla Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/28/2014 to Date of Sale ($36.06 per diem) TOTAL Note: Please attach description of property. PH # 816099 alitic[ aaj, sto Car )65.is L. /LI ti It COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13-5980-CIVIL TERM CUMBERLAND COUNTY $219,337.69 $5,769.60 $225,107.29 nan, LLP ushwood, Esq., Id. No.310592 for Plaintiff 11.'DsThu-t Sb LL__ -/t/(-112c,/ P_4 s6Lvi Pm LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Eastern Side .of Belvedere Street; in the dividing line between Lots Nos. 87 and 88 on` the hereinafter Mentioned Plan of Lots; thence along the Eastern side of Belvedere Street, North 4 degrees 55 minutes 50 seconds West 100 feet to a point; thence by the dividing line'between Lots Nos. 88 and 89 on said Plan of Lots, North 85 degrees 4 minutes 10 seconds East 150 feet to a point; thence by the dividing line between Lots Nos. 88 and 108 in said Plan of Lots, South 4 degrees 55 minutes 50 seconds East 100 feet to a point; thence by the dividing line between Lots Nos. 87 and 88 in said Plan of Lots, South 85 degrees 04 minutes 10 seconds West 150 feet to the place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Hector Padilla, Jr. and Debra A. Padilla, h/w, by Deed from John J. Rehr, Sr. widower, dated 06/16/2005, recorded 06/20/2005 in Book 269, Page 2248. PREMISES BEING: 651 Belvedere Street, Carlisle, PA 170.13-3508 PARCEL NO. 04-22-0481-054. PHELAN HALLINAN, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 matthew.brushwood@phelanhallinan.com 215-563-7000 Attorneys for Plaintiff FEHNS YLVit' '41 , Bank of America, N.A., as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP Plaintiff v. Hector Padilla, Jr Debra A. Padilla Defendant(s) CERTIFICATION : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 13-5980-CIVIL TERM : Cumberland County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non-owner occupied the premises is vacant Act 91 procedures have been fulfilled 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. wood, Esq., Id. No.310592 o n laiatiff V. k of America, NA., as Successor by Merger to BAC COURT OF COMMON PLEAS e Loans Servicing, LP f/k/a Country Wide Mine Loans ieing, LP CIVIL DIVISION Plaintiff NO.: 13-5980-CIVIL TERM Hector Padilla, Jr Debra A. Padilla, Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 Bank of America, N.A., as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 651 Belvedere Street, Carlisle, PA 17013-3508. . Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Hector Padilla, Jr 651 Belvedere Street, Carlisle, PA 17013-3508 -›+ Debra A. Padilla 238 South West Street, Carlisle, PA 17013-3878 ± rn 72: cr)r- <t= rso Name and address of Defendant(s) in the judgment: Name Hector Padilla, Jr Debra A. Padilla Address (if address cannot be reasonably ascertained, please so indicate) 651 Belvedere Street Carlisle, PA 17013-3508 238 South West Street Carlisle, PA 17013-3878 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 acldleSs 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. PH # 816099 Name ,None. Address (if address cannot be reasonably ascertained, please indicate) 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 Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Debra Padilla C/O Diane S Baker, Esquire Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program Hector Padilla Jr, C/O Dirk E Berry, Esquire Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 651 Belvedere Street Carlisle, PA 17013 -3508 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 PO Box 6443 Harrisburg, PA 17112 -0443 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 44 S Hanover Street Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108 -1754 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 falsificatio . .uthorities. Wi1 rw allinan, LLP Brushwood, Esq., Id. No.310592 orney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215 -563 -7000 PH # 816099 Bank of America, N.A., as Successor by Merger to BAC Home : COURT OF COMMON PLEAS Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP : CIVIL DIVISION • Plaintiff : NO.: 13-5980-CIVIL TERM vs. : Cumberland County Hector Padilla, Jr Debra A. Padilla Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Hector Padilla, Jr Debra A. Padilla 651 Belvedere Street Carlisle, PA 17013-3508 Debra A. Padilla 238 South West Street Carlisle, PA 17013-3878 5-3-E C.) **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATIONVUTAINED 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 651 Belvedere Street, Carlisle, PA 17013-3508 is scheduled to be sold at the Sheriff's Sale on 09/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $219,337.69 obtained by Bank of America, NA., as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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. 13-5980-CIVIL TERM Bank of America, N.A., as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP V. Hector Padilla, Jr Debra A. Padilla owner(s) of property situate in the CARLISLE BOROUGH, CUMBERLAND County, Pennsylvania, being 651 Belvedere Street, Carlisle, PA 17013-3508 Parcel No. 04-22-0481-054. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $219,337.69 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Eastern side of Belvedere Street, in the dividing line between Lots Nos. 87 and 88 on the hereinafter mentioned Plan of Lots; thence along the Eastern side of Belvedere Street, North 4 degrees 55 minutes 50 seconds West 100 feet to a point; thence by the dividing line between Lots Nos. 88 and 89 on said Plan of Lots, North 85 degrees 4 minutes 10 seconds East 150 feet to a point; thence by the dividing line between Lots Nos. 88 and 108 in said Plan of Lots, South 4 degrees 55 minutes 50 seconds East 100 feet to a point; thence by the dividing line between Lots Nos. 87 and 88 in said Plan of Lots, South 85 degrees 04 minutes 10 seconds West 150 feet to the place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Hector Padilla, Jr. and Debra A. Padilla, h/w, by Deed from John J. Rehr, Sr. widower, dated 06/16/2005, recorded 06/20/2005 in Book 269, Page 2248. PREMISES BEING: 651 Belvedere Street, Carlisle, PA 17013-3508 PARCEL NO. 04-22-0481-054. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Vs. NO 13-5980 Civil Term CIVIL ACTION — LAW HECTOR PADILLA, JR., DEBRA A. PADILLA WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $219,337.69 L.L.: $.50 Interest FROM 3/28/2014 TO DATE OF SALE ($36.06 PER DIEM) - $5,769.60 Atty's Comm: Atty Paid: $206.31 Plaintiff Paid: Date: 4/21/14 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonota (Seal) By: REQUESTING PARTY: Name: MATTHEW BRUSHWOOD, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 310592 Deputy - AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY / / BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO —twa p) k r -M PTS ! BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE PH # 816099 l HOME LOANS SERVICING, LP DEFENDANT HECTOR PADILLA, JR DEBRA A. PADILLA SERVICE TEAM/ lxh COURT NO.: 13 -5980 -CIVIL TERM SERVE HECTOR PADILLA, JR AT: TYPE OF ACTION 651 BELVEDERE STREET XX Notice of Sheriff's Sale CARLISLE, PA 17013-3508 SALE DATE: September 3, 2014 **DIVORCED- One cannot accept service for the other** SERVED S ved and made known to HECTOR PADILLA, JR, Defendant on the 2� day of 4/113-1 , 20 14 , at K I S, o'clock. M., at lob N. PITT5r, C1¢1-ISLL- i P4 ', in the manner described below: V Defendant personally served. c Adult family member with whom Defendant(s) reside(s). .O -tea -� Relationship is rri ca. _ 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).am. Agent or person in charge of Defendant's office or usual place of business. l-- N an officer of said Defendant's company. J> t7 Other:__ _ Description: Age _ cit Height 5 ? Weight 2 ° 0 Race 1 Sex M Other '' I, Ronald Mali, 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.*(4 cock N 6 V4 urt,T. 1NvesricrApo0 1>k **-"s" DATE: fol -8(11 '11,1,A -T bEf Pot T NAME: 14 (T1_ rp t ter, RES% ofs 106 N. PITT e11024.4s c.El V 4- PRINTED NAME: Ronald Moll TITLE: Process Server NOT SERVED On the day of,20 , at o'clock . M., I, state that Defendant NOT FOUND ecause: , a competent adult hereby Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at at 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. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 0 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE PH # 816099 HOME LOANS SERVICING, LP DEFENDANT HECTOR PADILLA, JR DEBRA A. PADILLA SERVE DEBRA A. PADILLA AT: 238 SOUTH WEST STREET CARLISLE, PA 17013-3878 **DIVORCED- One cannot accept service for the other** SERVED Served and made known to DEBRA A. PADILLA, Defendant on the 9'4day of A 4-/ 7:S5- , o'clock ?. M., at 237 5.WEST Fj-t iQLI Stj ,AA , 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. SERVICE TEAM/ lxh COURT NO.: 13 -5980 -CIVIL TERM TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: September 3, 2014 Other: Description: Age ch Height 56," Weight (7 �� Race W Sex F Other = : RUna1d MO(1 { 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 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. , 20 14, at c ry Ci DATE: ��a�_(r_ NAME: PRINTED NAME: RUlk1Id MUNI Proccss Scrvcr TITLE: NOT SERVED On the dayof 20_, at o'clock . M., I, , a competent adult hereby De state that endant NOT FOUND because: Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at at 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. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 V f r- -- PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 LEL)-C F iC OF THE PROTHONOTARY Attorney for Pl in 1 f UL 30 QM ! 1' .I 1+ CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff, v. HECTOR PADILLA, JR DEBRA A. PADILLA Defendant(s) • . CUMBERLAND COUNTY • • . COURT OF COMMON PLEAS CIVIL DIVISION : No.: 13 -5980 -CIVIL TERM 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: 27'27/ 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 # 816099 • a 1111141 anuriilan nanlnall, 1.11.4 -Address 1617 MX Boulevard. Suite 1400 Of Sender One Penn Center Plaza Philadelphia, PA 19103 AZK/KRK - 09/03/2014 SALE ul . Line Article Number Name of Addressee, Street, and Post Office Address Postage 1 •••• TENANT/OCCUPANT 651 BELVEDERE STREET CARLISLE, PA 17013-3508 $0.47 W y a h 2 •••• Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division 6th Floor, Strawberry Sq.+�+c( Dept 280601 Harrisburg, PA 17128 'B#+ xiaCe• 50.47 iiL I� . # •••• Debra Padilla C/O Diane S Baker, Esquire PO BOX 6443 HARRISBURG, PA 17112-0443 • $0.47 7 4 •••• Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program $0.47 z t; . P.O. Box 8486 Willow Oak Building burg, PA 17105 H 171 Harrisburg, ! 5 •••• Hector Padilla Jr, CJO Dirk E Berry, Enquire !► 50.47 44 S HANOVER STREET CARLISLE, PA 17013 6 •••• Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 S0.47 `w 7 •••• Commonwealth of Pennsylvania Department of Welfare Y.O. Box 2675 Harrisburg, PA 17105. $0.47 g •••• Internal Revenue Service Advisory ql, 1000 liberty Avenue Room 704 Pittsburgh, PA 15222 $0.47 9 •••• U.S. Department of Justice US. Attorney for The Middle District of PA es Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108.1754 $0.47 �RF.r ATr-rnaaa► a z . t.. • - i. C. _ .. I:i 01 P;l,;,:. a ... _ _x: * , r.... $4.23 Teed Uwe!. of Tires I. d by Seton Tod Number of Pfenn Received or Pon mere P0111.11. Pct (Nmk of Receives Dec/oyes The fell deelrn Wl of sloe is required Mal domestic wed Wemal:mal registered null. The auaimeen hakevdar payable lust dm.rerannnclioa of ecru apruMe docomenu ado, Expect. Mail d vmom m ,nosh n hrvanee I. $5Q5X U per piece aemjeee ma toO of 5700.00 pe aeaveme. The naelmum loden•ory pegabk em Eopeve MOI menlued'ne it. 1300. Tim ...nm,m ladenmhy Paydh N 525.00 ( resigned mil, 141111111 optimal Unarms . See Dorman MOI Manual R900 S913 rd 5911 foe fmvuiama M encore. Form 3877 Facsimile • Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 1• 67 ~ c � 1� a thXSC ‘31A1 Yuv p;tkt to Bank of America NA vs. Hector Padilla, Jr. (et al.) Case Number 2013-5980 SHERIFF'S RETURN OF SERVICE 06/16/2014 03:24 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Debra A Padilla at 238 S. West St, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 06/16/2014 04:06 PM - Deputy Shawn Harrison, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 651 Belvedere Street, Carlisle, PA 17013, Cumberland County. 06/30/2014 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: Hector Padilla, Jr., 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 651 Belvedere Street, Carlisle, PA 17013, Property is Vacant, defendant did not leave a forwarding address with the post office. cab. 09/03/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on Wednesday, September 3, 2014 at 10:00 a.m. He sold the same for the sum of $ 121,000.00 to Central Penn Capital Management, LLC, , being the buyer in this execution, paid to the Sheriff the sum of $ 09/26/2014 Proposed Schedule Of Distribution Posted, all parties notified. 10/07/2014 Distribution of Schedule as Proposed SHERIFF COST: $3,647.72 SO ANSWERS, October 07, 2014 CourifySude Sherif RONNYR ANDERSON, SHERIFF 1%.00 pi jai- Ca - 9 .3 6c- -` paw PROPOSED SCHEDULE OF DISTRIBUTION Date Filed: September 26, 2014 Writ No. 2013-5980 Civil Term Bank of America, N.A., as Successor by Merger to BAC Horne Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP Vs Hector Padilla, Jr. Debra A. Padilla 651 Belvedere Street Carlisle, PA 17013 Sale Date: September 03, 2014 Buyer: Central Penn Capital Management, LLC Amount Due: $ 219,337,69 Interest: 5,769.60 Atty Paid: 206.31 Total Due: $ 225,313.60 DISTRIBUTION: Receipts: Cash on Account (04/29/2014): $ 1,500.00 Cash on Account (09/03/2014): 12,000.00 Cash on Account (09/19/2014): 116,100.26 Total Receipts: $ 129,600.26 Disbursements: Sheriffs Costs 3,297.72 Legal Search 350.00 Transfer Tax (State) 2,165.13 Transfer Tax (Local) 2,165.13 Borough of Carlisle (Water/Sewer) 113.97 Refund to Attorney Joseph Schalk 1,500.00 Bank of America, N.A. 120,.008.31 Total Disbursements: (S129,600.26) Balance for distribution: 00.00 So Answers: / Ronny R. AnderSoi— Sheriff On April 28, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Known and numbered as, O X651 Belvedere Street, Carlisle, as Exhibit "A" 47 - W . L . filed with this Writ and by this Reference incorporated herein. Date: April 28, 2014 By: Real Estate Coordinator LXIII 29 CUMBERLAND LAW JOURNAL 07/18/14 Writ No. 2013-5980 Civil BANK OF AMERICA NA vs. HECTOR PADILLA, JR. Debra A. Padilla Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13 -5980 -CIVIL TERM. Bank of America, N.A., as Successor by Merger to BAC Home Loans Servic- ing, LP f/k/a Countrywide Home Loans Servicing, LP v. Hector Pa- dilla, Jr. Debra A. Padilla owner(s) of property situate in the CARLISLE BOROUGH, CUMBERLAND County, Pennsylvania, being 651 Belvedere Street, Carlisle, PA 17013-3508. Parcel No. 04-22-0481-054. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $219,337.69. 78 1 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 11, July 18 and July 25, 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. Marie Coyne, Edi SWORN TO AND SUBSCRIBED before me this 25 day of July, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE KORO.; CUMBERLAND CNTY My Commission Expires Apr 28, 2018 The Patriot -News Co. .._ • ^ 1900 Patriot Drive Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he patriotNeuss 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 Amy Kotula, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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 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. 3.5980 Civil Term K OF AMERICA NA vs. HECTOR PADILLA, JR. Debra A Padilla Atty: Joseph Schalk By virtue of a Writ of Execution No. 13 -5980 -CIVIL TERM Bank of America, N.A., as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP v. Hector Padilla, Jr Debra A. Padilla owner(s) of property situate in the CARLISLE CUMBERLAND Pennsylvania, being 651 Belvedere Street, Carlisle, PA 17013-3508 Parcel No. 04-22-0481-054. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $219,337.69 BOROUGH, County, This ad ran on the date(s) shown below: 07/13/14 07/20/14 07/27/14 Sworn to and subscribed before me this 20 day of August, 2014 A.D. APIA Ntary'P COMMONWEALTH OF PEIINSYLVANIA NOTARIAL SEAL Sheryl Marie Leggore, Notary Public Hampden Twp., Cumberland County My Commission Expires July 16, 2018 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 Central Penn Capital Management LLC 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 21st day of April, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 5980, at the suit of Bank of America against Hector Jr & Debra A Padilla is duly recorded as Instrument Number 201424909. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 30 day of , A.D.©/( Recorder of Deeds ecorder ' Deeds, Cumberland County, Carlisle, PA My Commission Expires the first Monday of Jan. 2018