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HomeMy WebLinkAbout14-4792 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Iv11 Gove. Sheet CU E'RLA�1D County Docket No: �- In 901 CivdTem The information collected on this form is used solely for court administration purposes. .This form does not supplentent or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: ❑x Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking S Lead Plaintiffs Name: BANC OF AMERICA FUNDING Lead Defendant's Name: JAMES H. SMELLEY E CORPORATION MORTGAGE PASS-THROUGH C CERTIFICATES, SERIES 2006-8T2, U.S. BANK NATIONAL ASSOCIATION,AS TRUSTEE, BY PHH T MORTGAGE CORPORATION AS SERVICER WITH I I DELEGATED AUTHORITY UNDER THE O TRANSACTION DOCUMENTS Dollar Amount Requested: El within arbitration limits N Are money damages requested? [] Yes 0 No (Check one) 0 outside arbitration limits A Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes 0 No Name of Plaintiff/Appellant's Attorney: John D. Krohn, Esq., Id.No.312244,Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self-Represented [Pro Sel 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 include mass tort) ❑Employment Dispute: ❑ Slander/Libel/Defamation Discrimination S ❑Other: ❑Employment Dispute:Other ❑Zoning Board E ❑Other: C T I MASS TORT ❑Other: O ❑Asbestos N ❑Tobacco ❑Toxic Tort-DES B ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑Toxic Waste ❑ Ejectment ❑Common Law/Statutory Arbitration ❑Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑Ground Rent ❑Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations ®Mortgage Foreclosure:Residential Restraining Order ❑Mortgage Foreclosure:Commercial ❑Quo Warranto PROFESSIONAL LIABILITY ❑Partition ❑ Replevin ❑Dental ❑Quiet Title ❑Other: ❑Legal ❑ Other: ❑Medical 0 Other Professional: 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#: 940848 PHELAN HALLINAN,LLP John D.Krohn,Esq.,Id.No.312244 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 john.krohn@phelanhallinan.com 215-563-7000 BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, COURT OF COMMON PLEAS SERIES 2006-8T2, U.S. BANK NATIONAL ASSOCIATION,AS TRUSTEE, BY PHH CIVIL DIVISION MORTGAGE CORPORATION AS SERVICER WITH DELEGATED AUTHORITY UNDER THE TERM TRANSACTION DOCUMENTS t 2001 BISHOPS GATE BLVD NO. ��}- 47gA NIlTerm MOUNT LAUREL, NJ 08054 CUMBERLAND COUNTY Plaintiff V. JAMES H. SMELLEY 162 D STREET C e CARLISLE, PA 17013-1402 -0Z zl � --I ' JEANNE D. SMELLEY ter-- ' r 162 D STREET rte-� w CARLISLE, PA 17013-1402 THE UNITED STATES OF AMERICA C/O THE F UNITED STATES ATTORNEY FOR THE MIDDLE c , DISTRICT OF PA 228 WALNUT STREET,PO BOX 11754 HARRISBURG, PA 17108-1754 Defendants CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE S ) S .'75 PQ File#: 940848 P#,309 7,5 1. Plaintiff is BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-8T2,U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, BY PHH MORTGAGE CORPORATION AS SERVICER WITH DELEGATED AUTHORITY UNDER THE TRANSACTION DOCUMENTS 2001 BISHOPS GATE BLVD MOUNT LAUREL,NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES H. SMELLEY 162 D STREET CARLISLE, PA 17013-1402 JEANNE D. SMELLEY 162 D STREET CARLISLE,PA 17013-1.402 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET,PO BOX 11754 HARRISBURG,PA 17108-1.754 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/16/2006 JAMES H. SMELLEY and JEANNE D. SMELLEY made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR ERA HOME LOANS, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1962, Page 4833 The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. File#: 940848 t 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2013 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. 6. The following amounts are due on the mortgage as of 06/15/2014: Principal Balance $107,805.69 Interest $6,161.76 09/01/2013 through 06/15/2014 Late Charges $120.72 Property Inspections $11.25 Escrow Deficit $199.94 TOTAL $114,299.36 7. Plaintiff is not seeking a judgment of personal liability(or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy,but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. 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 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 Pile#: 940848 the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (A). United States vs. JAMES H. SMELLEY,JEANNE D. SMELLEY; CUMBERLAND County Docket No. 2011-06201; Filed 08/05/2011; in the amount of $26,627.50 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of 114,299.3 6,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: � John D. hn, sq., Id. No.312244 Attorney flor Plaintiff File#: 940848 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania,bounded and described as follows: ON the North by'D' Street; on the East by land now or formerly of Paul W. Snyder, et. al.; on the South by an alley,on the West by an alley; having a frontage of 35 feet on 'D' Street, and extending 150 feet in depth. BEING Lot No. 40 and the Western 10 feet of Lot No. 39 of Block 19 on the Plan of Lots of Carlisle Land and Improvement Company, as recorded in the Office of the Recorder of Deeds for Cumberland County in Misc. Book 10, Page 572. BEING improved with a dwelling house known as No. 162 'D' Street, Carlisle, Pennsylvania. UNDER AND SUBJECT to covenants, conditions,reservations,restrictions, easements and right of ways of record. BEING THE SAME PREMISES which Joseph D. Kloza and Wanda Kloza,by<-his/her/their> deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland, granted and conveyed unto James H. Smelley and Jeanne D. Smelley. PROPERTY ADDRESS: 162 D STREET, CARLISLE,PA 17013-1402 PARCEL#06-19-1643-304. File#: 940848 VERIFICATION I, William Bellows hereby state that I am Assistant Vice President of PHH MORTGAGE CORPORATION, mortgage servicing agent for Plaintiff in this matter. The Plaintiff has delegated the mortgage servicing responsibility to PHH MORTGAGE CORPORATION for the mortgage loan which is the subject of this action. Plaintiff lacks sufficient information to make this verification because Plaintiff is not the entity which maintains the business records for the mortgage. PHH MORTGAGE CORPORATION is in possession and control of all documents and records supporting the statements in the foregoing complaint and therefore the servicer, rather than the Plaintiff, is the appropriate entity to make this verification. I have reviewed the business records relating to this account, and am authorized to make this verification. I hereby verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: 7 Name: William Bellows, Assistant Vice President Title: PHH MORTGAGE CORPORATION File#: 940848 Name: SMELLEY File#: 940848 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY r• i '._.,I J 'JF 1 I4 ... TELE PRO IHOl O ARNP' 1014 AUG 27 PPS 3:51 CUMBERLAND COUNTY PENNSYLVANIA Off`!CcOFTHE 'SHERIFF Banc of America Funding vs. James H Smelley (et al.) Case Number 2014-4792 SHERIFF'S RETURN OF SERVICE 08/22/2014 04:29 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Affidavit by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: James H Smelley at 162 D Street, Carlisle Borough, Carlisle, PA 17013. 0.2,0-n La__ DAWN KELL, DEPUTY 08/22/2014 04:29 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Affidavit by handing a true copy to a person representing themselves to be James Smelley, Husband, who accepted as "Adult Person in Charge" for Jeanne D Smelley at 162 D Street, Carlisle Borough, Carlisle, PA 17013. . VolgL DAWN KELL, DEPUTY SHERIFF COST: $50.78 SO ANSWERS, August 25, 2014 RONNY R ANDERSON, SHERIFF (c) Couniy,Suite Sheriff, Toleusott. Inc. AFFIDAVIT OF SERVICE Please effectuate at least three Service attempts by 10/04/2014 CUMBERLAND COUNTY DOCKET NO.: 20144792 PLAINTIFF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-8T2, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, BY PHH MORTGAGE CORPORATION AS SERVICER WITH DELEGATED AUTHORITY UNDER THE TRANSACTION DOCUMENTS DEFENDANT JAMES H. SMELLEY JEANNE D. SMELLEY THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA SERVE THE UNITED STATES OF AMERICA CIO THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA AT: MAIN JUSTICE BUILDING 950 PENNSYLVANIA AVENUE, N.W. WASHINGTON, DC 20530 PH # 940848 SERVICE TEAM TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action © moi, 3� - SERVED Served and made known to THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA, Defendant on the 1S ay of 5'�7pl - , 20 /y, at 12.1/6 , o'clock eM., at '647"C fi5 , 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). r/Agent or person in charge of Defendant's office or usual place of business. $"i"o As x - an officer of said Defendant's company. _ Other: Description: Age 3©- 40 Height 5 a -Cd Weight Iq/'z Race t KK.Sex '4 Other I, P Pill-QpfAMI Fft tti6 , a competent adult, being duly sworn according to law, depose and state that I personally handed a lave and correct copy of the Foreclosure Complaint in the manner as set forth heffill jmeed; n the captioned case on the date and at the address indicated above. %' k..AZO *j,� ,+• t. 9G Sworn to and subscr�jbed ��� ,ONW�zT,y /,t.��� before me this t'fo day l 0�ffierPl of ali?i. , 201`P = Q .0 _o ff. 0A U 'ts0 .1 1 state that NOT SERVED e a o ♦ , 20_, at o'clock M., I, Defendant NOTF• , r .ecause: _ Vacant Does Not Exist _ No Answer on at ,r� _ Moved _Does Not Reside (No at Service Refused Other: Sworn to and subscribed before me this day of , 20 . By: Notary: ATTORNEY FOR PLAIINTIFF John D. Krohn, Esquire One Penn Center at Suburban Station 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 PHELAN HALLINAN, LLP Kenya Bates, Esq., Id. No.203664 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 kenya.bates@phelanhallinan.com 215-563-7000 Attorney for Plaintiff BANC OF AMERICA FUNDING : CUMBERLAND COUNTY CORPORATION MORTGAGE PASS- THROUGH CERTIFICATES, SERIES : COURT OF COMMON PLEAS2) 2006-8T2, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, BY PHH : CIVIL DIVISION MORTGAGE CORPORATION AS • SERVICER WITH DELEGATED : No. 2014-4792 AUTHORITY UNDER THE TRANSACTION DOCUMENTS z -40 vs. JAMES H. SMELLEY JEANNE D. SMELLEY THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 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 JAMES H. SMELLEY, JEANNE D. SMELLEY, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $114,299.36 TOTAL $114,299.36 I hereby certify that (1) the Defendants' last known address is 162 D STREET, CARLISLE, PA 17013-1402, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date A/1A/ 940848 Kenya Bates, Esq., Id. No.203664 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: /4/1/7 PH # 940848 PROTHONOTARY 940848 PHELAN HALLINAN, LLP Kenya Bates, Esq., Id. No.203664 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 kenya.bates@phelanhallinan.com 215-563-7000 BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-8T2, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, BY PHH MORTGAGE CORPORATION AS SERVICER WITH DELEGATED AUTHORITY UNDER THE TRANSACTION DOCUMENTS vs. JAMES H. SMELLEY JEANNE D. SMELLEY THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : No. 2014-4792 AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above -captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) JAMES H. SMELLEY and JEANNE D. SMELLEY 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 JAMES H. SMELLEY is over 18 years of age and resides at 162 D STREET, CARLISLE, PA 17013-1402. (c) that defendant JEANNE D. SMELLEY is over 18 years of age and resides at 162 D STREET, CARLISLE, PA 17013-1402. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. �J Date /dldel Phelan Hallinan, LLP Kenya Bates, Esq., Id. No.203664 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 940848 Department of Defense Manpower Data Center Status Report Pursuant to Sery cemem CivilRelief Act Last Name: SMELLEY First Name: JAMES Middle Name: H Active Duty Status As Of: Oct -08-2014 Results as of : Oct -08-2014 12:11:45 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duly End Dale Status Service Component NA NA / r -- `- - — Na L NA This response refects the Individuals' ac ive dirty 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 R _ __._ .!:NA -...c. :. a _ ..``- - .. _ _.. , t . +E --- No —.NA NA _, This response reflects where the indMdual left active duly' status within1367 flays preceding the Activer 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 Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received earty notification to 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 Department of Defense Manpower Data Center Status Rept Pursuant to Servicemen rs Civil Relief Act. Last Name: SMELLEY First Name: JEANNE Middle Name: D Active Duty Status As Of: Oct -08-2014 Results as of : Oct -08-2014 12:11:56 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA .', - .!, _:_ ., ..-.—.._-� : - r No NA This response reflects the individuals' active tfutq status 'based onlhe 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 Start Date Order Notification End Date Status Service Component NA NA No. NA This response reflects whether the individual or his/her unit has received early nbtfication to 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 BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-8T2, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, BY PHH MORTGAGE CORPORATION AS SERVICER WITH DELEGATED AUTHORITY UNDER THE TRANSACTION DOCUMENTS Plaintiff v. JAMES H. SMELLEY JEANNE D. SMELLEY THE UNITED STATES OF AMERICA C/O THE UNI TED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant(s) TO: JAMES H. SMELLEY 162 D STREET CARLISLE, PA 17013-1402!! DATE OF NOTICE: . t/ / I4 COURT OF COMMON PLEAS CIVIL DIVISION NO. 2014-4792 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 REPERRED 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 WRI1"1EN 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 O1-IaICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PH # 940848 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OPFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED PEE OR NO PEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PH # 940848 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 By: 7 Michael Dingerdissen, Esq., Id. No.317124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-8T2, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, BY PHH MORTGAGE CORPORATION AS SERVICER WITH DELEGATED AUTHORITY UNDER THE TRANSACTION DOCUMENTS Plaintiff v. JAMES H. SMELLEY JEANNE D. SMELLEY THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant(s) TO: JEANNE D. SMELLEY 162 D STREET CARLISLE, PA 17013-1402 0 DATE OF NOTICE: 1 /Z4. /19 COURT OF COMMON PLEAS CIVIL DIVISION NO. 2014-4792 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. PH # 940848 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 By: PH # 940848 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Michael ngerdissen, Esq., Id. No.317124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (Rule of Civil Procedu BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-8T2, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, BY PHH MORTGAGE CORPORATION AS SERVICER WITH DELEGATED AUTHORITY UNDER THE TRANSACTION DOCUMENTS vs. JAMES H. SMELLEY JEANNE D. SMELLEY THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA e No. 236) - Revised CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 2014-4792 Notice is given that a Judgment in the above captioned matter has been entered against you on //l r //1/ By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Kenya Bates, Esq., Id. No.203664 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND 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. ** 940848