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HomeMy WebLinkAbout10-2832 2010 APR 28 Ph 1: 52 CUM - ,: _ uIN Ty r, 'r INA Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 nine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 ATTORNEY FOR PLAINTIFF Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 237451 BAC HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE COURT OF COMMON PLEAS PLANO, TX 75024 CIVIL DIVISION Plaintiff V. TERM REBECCA GIVEN NO. Ib -o18_2A n v i l TErm 4145 SEARS RUN DRIVE MECHANICSBURG, PA 17050-2550 CUMBERLAND COUNTY Defendant File #: 237451 p *4a. oo Pa pml co R 4 aflsLl ?,* aq 1 al,a NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 237451 Plaintiff is BAC HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: REBECCA GIVEN 4145 SEARS RUN DRIVE MECHANICSBURG, PA 17050-2550 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 05/13/2009 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR ALLIED MORTGAGE GROUP, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200916648. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 237451 6. The following amounts are due on the mortgage: Principal Balance $76,060.27 Interest $2,777.18 09/01/2009 through 04/27/2010 (Per Diem $11.62) Attorney's Fees $650.00 Cumulative Late Charges $180.67 05/13/2009 to 04/27/2010 Costs of Suit and Title Search $550.00 Escrow Deficit %R11-36 TOTAL $81,049.48 7 9 Plaintiff is nQt 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, 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 the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. File #: 237451 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $81,049.48, together with interest from 04/27/2010 at the rate of $11.62 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. LAN HALLINAN & SCHMIEG, LLP By ? L ence T. Phelan, Esq., I J. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 eetal R. Shah-Jani, Esq., Id. No. 81760 4`3enne R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File k 237451 LEGAL DESCRIPTION ALL THOSE TWO CERTAIN lots or pieces of land with improvements thereon erected situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, separately bounded and described as follows, to wit: TRACT NO. 1: BEGINNING at an iron pin in the center of a public road, thence Westwardly along the center of public road, 61 feet to an iron pin in the center of public road; thence Southwardly 65 feet, more or less, along the property and lands of Harry E. Hess to low water mark, Conodoquinet Creek; thence Eastwardly along the said low water mark and Creek 61 feet; thence Northwardly 65 feet, more or less, along the lands of Grover Mackey, to iron pin in center of public road to point of beginning. TRACT NO. 2: BEGINNING at an iron pin in road, leading to Sierer's Run; thence Westwardly to Eastwardly 100 feet along said road; thence Southwardly along the land of Chas. L. and Therdora E. McMullen, 69 feet to low water mark and pin at Conodoquinet Creek; thence Eastwardly along said creek 101 feet to a pin; thence Northwardly along the land of Clair J. Stouffer 65 feet to the place of beginning. BEING Parcel No. 10-18-1314-026 PREMISES: 4145 SEARS RUN DRIVE, MECHANICSBURG, PA 17050-2550 File #: 237451 The undersigned attorney hereby states that 1 am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: l 0 -4?3 1? File M: 237451 Phelan Hallman & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P. Plaintiff r ~~~ ,L~.!~~ ~ ..- .~ T c' ~ ,,,~,, ,~ rr, , "t~ E __ ;t , ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION vs. . CUMBERLAND COUNTY REBECCA GIVEN Defendants 237451 No. 10-2832 CIVIL TERM A ~i o . oo ~O AY'rt/ e* ag a.~os ~ ay599a TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALL SCHMIEG, LLP By: ~-~ ^ La e T. Phelan, Esq., Id. N .32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Pe ulcahy, Esq., Id. No. 61791 drew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff Date: Tuly~R, X10 /cvc, Svc Dept. File# 237451 JUL 3 p 2010 ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BAC Home Loans Servicing, r; r..; r- Civil Division ~ ~ ~ , c " -_+ vs. No. 10-2832 CIVIL TERM - ~ `~ - Rebecca Given ~ c- -b _.~ ~ -.' ` t~ ORDER f, o; ~.: AND NOW, this JO day of xJ`~ , 2010, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Rebecca Given, by: 1. Posting of the premises: 4145 Sears Run Drive, Mechanicsburg, PA 17050 by the Sheriff or a non-party competent adult; 2. First class mail to Rebecca Given at the mortgaged premises located at 4145 Sears Run Drive, Mechanicsburg, PA 17050; and 3. Publication in accordance with PA. R.C.P. 430. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. Cc: Rebecca Given 4145 Sears Run Drive Mechanicsburg, PA 17050 Rebecca Given PHS# 237451/cvc ~~~ A . sP «~.~~ 7/3~~~a 2 BY THE COURT: J. 1'}helan Hallimm & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S_ 1Iadinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T, Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jcnine R. Davey, Esq., Id. No. 87077 LaLll-en R. 'I a Ms, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay 13. Jones, Esq., Id. No. 86657 Peter J. MulcahN, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante 1. Fliakos, Esq., Id. No. 94620 Joslhua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. f31amihlett, Esq., Id No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BA(' I-IOMF: LOANS SERVICING. L.P. Plaintiff \'S. REBECCA (JIVI?N Defendant(s) ATTORNEYS FOR PLAINTIFF L tf?, .t`` t • N i =c c.n < o ? COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. I0-2832 CIVIL, AFFIDAVIT OF SERVICE OF COMPLAINT 13Y MAIL PURSUANT 'ro COURT ORDER 1 11TP'37951 PMV I hcreb%, ccmFv that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the ahoy c captioned matter was sent by regular mail to the following persons, REBECCA GIVEN at 4145 SEARS Rt \ DRIVE, MECIIANICSBURG, PA 17050-2550; on AUGUST 25, 2010, in accordance with the Order of i our! dated JUL1' 30"', 2010. The undersigned understands that this statement is made subject to the penalties of 8 P"a C'.S. X4904 relating to unsvvorn falsification to authorities. I)atc: /august 25_2010 PHFAAN IIALLINAN & SCI IMIEG, LLP 1 awrence I'. Phelan. I:sq., Id. No. 32227 cis S. I lallinan, 1'sq.. Id. No. 62695 Daniel G. Schmieg, laq_ Id No. 62205 Michele M. Bradford. Esq.. Id. No. 69849 Judith I'. Romano. l:sq., Id. No. 587=15 Sheetal R. Shah-Jani. I"sq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq.. Id. No. 93337 Vivek Srivastava. Esq., Id. No.'_02331 Jae B. Jones, I':sq.. Id. No. 86657 Peter J. Mulcahy, I:sq., Id. No. 61791 ;Andrew L. Spivacl., Lsq.. Id. No. 8 1-139 .laime McGuinness, Karl.. Id. No. 90134 Chrisovalante P. Hiakos. 1;sq., Id. No. 94620 Joshua I. Goldman, Lsq.. Id. No. 205047 Courtenay R. Dunn, Esq.. Id No. 206779 Andrew C. Bramblett_ Esq., Id No. 208375 Attorneys for Plaintiff Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P. Plaintiff vs. REBECCA GIVEN Defendants 237451 FLED-C r CE OF ?NF v) T pY I0 AUG 3 ! AM 10:30 `; qtf EJ ?++yyf PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY No. 10-2832 CIVIL TERM 6r It,. 0 c) P d. Q#K ,Q'4 I y7 5-e-') d TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP B y: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791. ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 © Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff Date: August 30, 2010 /cvc, Svc Dept. File# 237451 FILED-OFFICE OF THE PROTHONOTARY 2010 OCT 10 APB 10: 5 55 Phelan Hallinan & Schmieg, LLP CUMBERLAND COUNTY Lawrence T. Phelan, Esq., Id. No. 32227 PLENHISY LVA4IA Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Attorneys for Plaintiff Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., I.d. No.206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 2215-561-7000 BAC Home Loans Servicing, L.P. : Court Of Common Pleas vs. : Civil Division Rebecca Given : Cumberland County No. 10-2832 Civil Term I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated July 30 , 2010 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in The Sentinel on August 27, 201Q and Cumberland Taw.foumal on September 1, 2010. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP B ye Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779--*" Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff Date: October 5, 2010 237451 Caroline Cinquino Service Dept. • PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tames Kleinklaus Director of Sales and Marketing of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): August 27, 2010 COPY OF NOTICE OF PUBLICATION NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Bac Home Loans Servicing, L.P. COURT OF COMMON PLEAS Vs. CIVIL DIVISION Rebecca Given Cumberland COUNTY Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. NO. 10-2832-CIVIL TERM NOTICE , To Rebecca Given : You are hereby notified that on 04/2812010, Plaintiff, Bac Home Loans Servicing, L.P., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cumberland County Pennsylvania, docketed to No. 10-2832-CIVIL TERM. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 4145 Sears Run Drive, Mechanicsburg, PA 17050 whereupon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that It you fail to do so the case may proceed without you and a judgment may be entered allMnat you without further notice for the relief requested by theplaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 800-990-9108 Sworn to and subscribed before me this ? ? L10 r (huLL ' 'Alt Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 . %. ?. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 September 3, 2010 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. - ':?? -"Z ?-L 6ysa Marie Coyn Editor SWORN TO AND SUBSCRIBED before me this 3 day of September, 2010 Notary OTARIAL SE ORAH A COLLINS Nohry PubNc ANO COUNTY UGH. CtJNBERL FCASUS im EVV" Apr 18.1011+ 4?-7 1. V_' k. CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 10-2832-CIVIL TERM BAC Home Loans Servicing, L.P. vs. Rebecca Given NOTICE To Rebecca Given: You are hereby notified that on April 28, 2010. Plaintiff, BAC Home Loans Servicing, L.P., filed a Mort- gage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cumberland County Pennsylvania, docketed to No. 10-2832-CIVIL TERM. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 4145 Sears Run Drive, Mechanicsburg, PA 17050 whereupon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION 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 RE- DUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or PA Toll Free (800) 990-9108 Sept. 3 PHELAN HALLINAN & SCHMIEG, LLP Melissa Scheiner, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P. VS. REBECCA GIVEN Attorney for Plaintiff`? v _ , rn r', r- -- o 4 C c7 a? C:) O CUMBERLAND COUNTY T - G7 ?- C:) C:) COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-2832 CIVIL TERM 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 REBECCA GIVEN, Defendant(s) for failure to file an Answer to Plaintiffs 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 $81,049.48 Interest - 04/28/2010 to 08/18/2011 $5,554.36 TOTAL $86,603.84 an? 14 °° pa 911 cot we I hereby certify that (1) the Defendant's last known address is 4145 SEARS RUN DRIVE, MECHANICSBURG, PA 17050-2550, and (2) that notice has b en given in accordance with Rule P .R.C.P 237.1. Date f Melissa Scheiner, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. t DATE: [p PHS 4 237451 PROTHONOTARY 237451 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-2832 CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE PHELAN HALLINAN & SCHMIEG, LLP Melissa Scheiner, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P. VS. REBECCA GIVEN The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant REBECCA GIVEN is over 18 years of age and resides at 4145 SEARS RUN DRIVE, MECHANICSBURG, PA 17050-2550. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relatinv- to unsworn falsification to authorities Date L' p Melissa Xcheiner-,Fsquirfe Attorney for Plaintiff 237451 (Rule of Civil Procedure No. 236) - Revised BAC HOME LOANS SERVICING, L.P. VS. REBECCA GIVEN : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION No. 10-2832 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on $ By: If you have any questions concerning this matter please contact: Melissa Scheiner, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR 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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** A BAC HOME LOANS SERVICING, L.P. v. Plaintiff REBECCA GIVEN Defendant(s) TO: REBECCA GIVEN 4145 SEARS RUN DRIVE MECHANICSBURG, PA 17050-2550 DATE OF NOTICE: August 3, 2011 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-2832 CIVIL TERM CUMBERLAND COUNTY THIS FIRM,IS.A DEBT COLLECTOR ATTEMPTING TO COLLECT A..DEBT. THI$NNOTICE 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 APPERANCE 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 PHS # 237451 i k l . . 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 BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By. l ie el k Bra ord, , Id. No.69849 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 237451 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Perin Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, Court of Common Pleas L.P. Plaintiff Civil Division vs CUMBERLAND County REBECCA GIVEN No. 10-2832 CIVIL TERM Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Bank of America as C-) N.A. C:) successor by merger to BAC Home Loans Servicing, LP. , , 1 :3:-n 0 crnco t= r rn r- Date: October 11, 2011 2r n ?0 PHELAN, H?kt CHMIEG, LLP 3?'C-? ? Z ? Attorneys for Pla tiff C p Orn Printed Name: x Bar Id. No. - "? PHS# 237451 Attorneys for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JF:K Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, Court of Common Pleas L.P. Plaintiff vs REBECCA GIVEN Defendant : I Civil Division : CUMBERLAND County : I No. 10-2832 CIVIL TERM PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based are as follows: Plaintiff BAC Home Loans Servicing, LP has merged with and into Bank of America, N.A. under the provisions of the National Bank Act. Bank of America, N.A. is successor by merger to BAC Home Loans Servicing, LP and, as a matter of federal law, is deemed to be the same company as BAC Home Loans Servicing, LP and all rights, franchises, and interests of BAC Home Loans Servicing, LP in and ,.,, to every type of property (real, personal, and mixed) and choses in action are C 0 _ .t transferred to and vested in Bank of America, N.A., without any deed or other 00 rT' p -n transfer. Accordingly, the name of the plaintiff has changed to Bank of America,Z n N.A., as successor by merger to BAC Home Loans Servicing, LP. tts? ;*6 Kindly amend the information on the docket acc yC --4 C's - 1 tJ Date: October 11, 2011 D PHELAN, HALLINAN & SCHMIEG, LLP Attorneys for Pl *ntiff Printed Name: .1 Bar Id. No. PHS# 237451 Attorneys for Plaintiff $S.co PO AT14,/ C 11189-51 1&84'18 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, Court of Common Pleas L.P. Plaintiff Civil Division vs CUMBERLAND County REBECCA GIVEN No. 10-2832 CIVIL TERM Defendant PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of Bank of America, N.A., as successor by merger to BAC Home Loans Servicing e(Zl 7105 Corporate Drive, Plano, TX 75024. Date: October 11, 2011 By / ELAN, HALLINAN & SCHMIEG , LLP Attorneys for Plaintiff Printed Name: t..) Bar Id. No. PHS# 237451 Attorneys for Plaintiff co -„- v =;o 2C ? ?o r " -? o ?d r ca-n Z® 3 G P Ct --^{ 70 PHELAN HALLINAN & SCHMIEG. LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 BAC HOME LOANS SERVICING, L.P. Plaintiff V. REBECCA GIVEN Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-2832 CIVIL TERM CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe to mark judgment to Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP and substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: REBECCA GIVEN 4145 SEARS RUN DRIVE MECHANICSBURG, PA 17050-2550 Date: l/ PHS## 237451 PHELAN, HA1:fn:WAN & SC IEG, LLP Attorneys for Plai ff Printed Name: Bar Id. No. 1 Attorneys for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO f0-a83A Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A., as successor by merger to BAC HOME LOANS SERVICING, LP, Plaintiff (s) From REBECCA GIVEN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $86,603.84 L.L.: $.50 Interest from 8/19/11 to Date of Sale ($14.24 per diem) -- $4,172.32 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $207.00 Other Costs: Plaintiff Paid: Date: 3/1112 David D. B ell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC COURT OF COMMON PLEAS HOME LOANS SERVICING, LP Plaintiff CIVIL DIVISION v REBECCA GIVEN Defendant(s) NO.: 10-2832 CIVIL TERM CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 08/19/2011 to Date of Sale ($14.24 per diem) TOTAL C- y $86,603.84 -?, N :.i ? m ' r ?- $4,172.32 'r -- v =? r - n j C) $90,776.16 PPhil Hallinan & Schmieg, LLP e Michael Kolesnik, Esq., Id. No.308877 Qi) Attorney for Plaintiff 4d8,s0 Pto nrY Note: Please attach description of property. PHS # 237451 10.00 10.00 1 -{. 00 8.00 01.50 N01.00 CBS ga. 00 4 a07.OD - PD ATr/ a 5- bVe 00 50 LL 04 11 to 133y/(1(o=q I P?t a,71183 a O ?+ ? D N O m ? ? r 9 W d (?/? ? r?-J ?' 6 ?, w?? 0 ? ? ? ? W ? d? d '?,?'+ ? Wes„ ? ? ? ? ? ? d ?? O E?' W `? ???"' 0? W U ?? ?W d O N °, '? va O?J V '? a, an \ ? ? . f y H ? ? ? ?U IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BAC Home Loans Servicing, L.Y. Civil Division VS. No. 10-2832 CIVIL TERM Rebecca Given ORDER AND NOW, this Rr)44 day of 2010, upon consideration of Plaintiffs Motion for Service Pursuant to Sp ial Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is fiuther ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Rebecca Given, by: 1. Posting of the premises: 4145 Sears Run Drive, Mechanicsburg, PA 17050 by the Sheriff or a non-party competent adult; 2. First class mail to Rebecca Given at the mortgaged premises located at 4145 Sears Run Drive, Mechanicsburg, PA 17050; and 3. Publication in accordance with PA. R.C.P. 430. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. BY THE COURT: s? Cc: Rebecca Given J 4145 Sears Run Drive Mechanicsburg, PA 17050 Rebecca Given PHS# 23745 i lcvc 2 PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff V. REBECCA GIVEN Defendant(s) CERTIFICATION Attomeys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-2832 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: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: P*tan Hallinan & Schmieg, LLP Ahn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff ?£yy ?•-i r., r.. w ?iF`t BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff V. REBECCA GIVEN Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-2832 CIVIL TERM CUMBERLAND COUNTY PHS # 237451 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC 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 4145 SEARS RUN DRIVE, MECHANICSBURG, PA 17050-2550. 1. Name and address of Owner(s) or reputed Owner(s): ? i Name Address if address cannot be reasonably W ascertained, please so indicate) rn ?` rm J REBECCA GIVEN 4145 SEARS RUN DRIVE cnr- I ?.. :;O MECHANICSBURG, PA 17050-2550 -? CD 330 y `5 k C: r 2. Name and address of Defendant(s) in the judgment: _ Name Address (if address cannot be reasonably -t ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained. please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 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 4145 SEARS RUN DRIVE MECHANICSBURG, PA 17050-2550 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 falsification to authorities. Date: 2 he 16- By: Phe n Hallinan & Schmieg, LLP john Michael Kolesnik, Esq., Id. No308877 Attorney for Plaintiff BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO COURT OF COMMON PLEAS BAC HOME LOANS SERVICING, LP : CIVIL DIVISION Plaintiff : : NO.: 10-2832 CIVIL TERM VS. , REBECCA GIVEN : CUMBERLA?JML C6U- NV' Defendant(s) . =M ? , k 7J NOTICE OF SHERIFF'S SALE OF REAL PROPERTY a• -'Y: TO: REBECCA GIVEN' 4145 SEARS RUN DRIVE = j MECHANICSBURG, PA 17050-2550 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 4145 SEARS RUN DRIVE, MECHANICSBURG, PA 17050-2550 is scheduled to be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $86,603.84 obtained by BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 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 Sheriffs 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. 10-2832 CIVIL TERM BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP vs. REBECCA GIVEN owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being (Municipality) 4145 SEARS RUN DRIVE, MECHANICSBURG, PA 17050-2550 Parcel No. 10-18-1314-026 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $86,603.84 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THOSE TWO CERTAIN lots or pieces of land with improvements thereon erected situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, separately bounded and described as follows, to wit: TRACT NO. 1: BEGINNING at an iron pin in the center of a public road, thence Westwardly along the center of public road, 61 feet to an iron pin in the center of public road; thence Southwardly 65 feet, more or less, along the property and lands of Harry E. Hess to low water mark, Conodoquinet Creek; thence Eastwardly along the said low water mark and Creek 61 feet; thence Northwardly 65 feet, more or less, along the lands of Grover Mackey, to iron pin in center of public road to point: of beginning. TRACT NO. 2: BEGINNING at an iron pin in road, leading to Sierer's Run; thence Westwardly to Eastwardly 100 feet along said road; thence Southwardly along the land of Chas. L. and Therdora E. McMullen, 69 feet to low water mark and pin at Conodoquinet Creek; thence Eastwardly along said creek 101 feet to a pin; thence Northwardly along the land of Clair J. Stouffer 65 feet to the place of beginning. TITLE TO SAID PREMISES VESTED IN Rebecca Given, given by Gregory R. Bachman and Barbara A. Bachman dated 3/6/2007, and recorded 4/2/2007, in Book 279, Page 1876,Instrument # 2007-010571. PREMISES BEING: 4145 SEARS RUN DRIVE, MECHANICSBURG, PA 17050-2550 PARCEL NO. 10-18-1314-026 P SC?f1l..ht R ;i Lf, Cr # Phelan Hallman & Schmieg, LLP Dana Ostrovsky, Esq., Id. No.83921 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia. PA 19103 215-563-7000 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff V. REBECCA GIVEN Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2832 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on April 28, 2010. 2. Judgment was entered on August 19, 2011 in the amount of $86,603.84. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 237451 Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 6, 2012. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $76,060.27 Interest Through June 6, 2012 $11,852.74 Per Diem. $11.43 Late Charges $77.43 Legal fees $1,550.00 Cost of Suit and Title $995.66 Property Inspections $226.50 Mortgage Insurance Premium/ Private Mortgage Insurance $763.33 Escrow Deficit $4,669.30 TOTAL $96,195.23 6. 'The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. Plaintiffs foreclosure judgment is in rein only and does not include personal liability. as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on March 22, 2012 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. 237451 A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Z- Phelan Hallinan & Schmieg, LLP By: Dana sky, Esquire ATTORNEY FOR PLAINTIFF 237451 Phelan Hallman & Schmieg, LLP Dana Ostrovsky, Esq., Id. No.83921 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff V. REBECCA GIVEN Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2832 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES BACKGROUND OF CASE REBECCA GIVEN executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 4145 SEARS RUN DRIVE, MECHANICSBURG, PA 17050-2550. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 237451 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbane Mortgage Corp v Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Cion oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 237451 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 237451 Discount Company v. Babuscio, 257 Pa. Super 101, 109,390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 237451 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Cente 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff s legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 237451 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint).. and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriffs sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 237451 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 237451 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: /Hallinan & Schmieg, LLP By: Dana Os o ky, Esquire Attorney for Plaintiff 237451 Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP Melissa Scheiner, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P. VS. REBECCA GIVEN 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 REBECCA GIVEN, 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 Interest - 04/28/2010 to 08/18/2011 'T'OTAL C Attorney for Plaintiff) rnw C r,- Nr r V r P, ;C) p QrT CUMBERLAND COUNTY o - COURT OF COMMON PLEAS CIVIL DIVISION : No. 10-2832 CIVIL TERM $81,049.48 $5,554.36 C1t.1# two 3y g,*=yK9 $86,603.84 vic j4&LWA, I hereby certify that (1) the Defendant's last known address is 4145 SEARS RUN DRIVE. MECHANICSBURG, PA 17050-2550, and (2) that notice has b en given in accordance with Rule P RCP 237.1. Date Melissa Scheiner, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: _-?f I ?'?I ? t? .a I `` PHS # 237451 PROTHONOTARY 237451 Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey March 22, 2012 REBECCA GIVEN 4145 SEARS RUN DRIVE MECHANICSBURG, PA 17050-2550 RE: BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP v. REBECCA GIVEN Premises Address: 4145 SEARS RUN DRIVE MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 10-2832 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by March 27, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very true.), Mrs, Dana ; wsky, Esquire Attor " r Plaintiff Enclosure 237451 Phelan Hallinan & Schmieg, LLP Dana Ostrovsky, Esq., Id. No.83921 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County V. REBECCA GIVEN Defendant No.: 10-2832 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. REBECCA GIVEN 4145 SEARS RUN DRIVE MECHANICSBURG, PA 17050-2550 DATE: 5 ? Phelan Hallinan & Schmieg, LLP By: _ Dana ovsky, Esquire ATTO EY FOR PLAINTIFF 237451 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP PLAINTIFF V. REBECCA GIVEN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2832 CIVIL ORDER OF COURT AND NOW, this Td day of April, 2012, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before April 24, 2012; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court I?V-? ( M. L. Ebert, Jr., ? Dana Ostrovsky, Esquire Attorney for Plaintiff Rebecca Given Defendant !y'''4 ?. c.a Ccp;es m.aj)M L//3/i)? bas f k L By the Court, 1?_ RoTHONa AIEN 2012 APR I I Aid 10: 05 rUMBERLANO COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff vs. REBECCA GIVEN Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2832 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 3, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. REBECCA GIVEN 4145 SEARS RUN DRIVE MECHANICSBURG, PA 17050-2550 DATE: C G By: Z77 LLP Melissa J. Cantwell, Esquire Attorney for Plaintiff 237451 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 Civil Division Plaintiff CUMBERLAND County vs. REBECCA GIVEN No.: 10-2832 CIVIL TERM Defendant ORDER AND NOW, this 1h day of p??-` , 2012, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through June 6, 2012 Per Diem $11.43 Late Charges Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit TOTAL ?dtl1aN 838Wn3 Plus interest from June 6, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. '-1,5k e,--,W banot 04favskI, 4? ? pe beCca ,vaur, $76,060.27 $11,852.74 $77.43 $1,550.00 $995.66 $226.50 $763.33 $4,669.30 $96,195.23 BY THE COURT: J. 237451 Co p e's r,?a .'I t?1 ?3D/i 3 n ?i FFICE r E P fiOTONOTAR' PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff VS. REBECCA GIVEN Defendant ??' J ;? AlY 23 AM 9: 9 "I M ERLANO COUNTY IDENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-2832 CIVIL TERM AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S $ALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail to REBECCA GIVEN on 4/5/2012 at 4145 SEARS RUN DRIVE, MECHANICSBURG, PA 17050-2550 in accordance with the Order of Court &ted 7/30/2010. The property was posted on 3/17/2012. Publication was advertised in the Cumberland Law Journal on 4/13/2012 & in the Sentinel on 4/7/2012. t r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BAC Home Loans Servicing, L.P. Civil Division VS. No. 10-2832 CIVIL TERM Rebecca Given AND NOW, this day of 2010, upon consideration of Plaintiff's Motion for Service Pursuant to S 'al Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is fwther ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Rebecca Given, by: 1. Posting of the premises: 4145 Sears Run Drive, Mechanicsburg, PA 17050 by the Sheriff or a non-party competent adult; 2. First class mail to Rebecca Given at the mortgaged premises located at 4145 Sears Run Drive, Mechanicsburg, PA 17050; and 3. Publication in accordance with PA. R.C.P. 430. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. BY THE COURT: c Cc: Rebecca Given J. 4145 Sears Run Drive Mechanicsburg, PA 17050 Rebecca Given PHSr 237451im 2 r 1 O l 1 y H H O r z >F 'bo r z "+ N •-• '? O ?O 00 J O? Cn A w r ? E33E : S C p.7 R N M M N iF * M N ? n N 1t iF M M N iF 7F i! M M N M * • iF M iF ` .? 1 «? z <z ? i? a H z y? ? J o m b ? N fe' ?+ ? a a b H n R Q ? ? f ? '.7 ? ?? AiNEY BOWES • 02 1M $ 01.590 0004277256 APR 05 2012 0 pag a II rr wag d A t9 ? O ,°* v!t t- A ~ co) ?0 e A A MAILED FROM ZIP CODE 1910 3 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LQANS SERVICING, LP PHS # 237451 DEFENDANT REBECCA GIVEN SERVICE TEAM/ Ixh COURT NO.: 10-2832 CIVIL TERM SERVE REBECCA GIVEN AT: TYPE OF ACTION 4145 SEARS RUN DRIVE XX Notice of Sheriffs Sale MECHANiCSBURG, PA 17050-2550 SALE DATE: June 6, 2012 ****PLEASE ATTEMPT SERVICE AT LEAST TIMES: IF NO SERVICE IS MADE**PLEASE POST PROPERTY IN ACCORDANCE WITH COURT ORDER*** SERVED Served and made known to REBECCA GIVEN, Defendant on the (?'"day of 20 1?:? at 1".1Q,o`clockP.M.,at4f457 F Z5 UAI RJADin the manner described below: - Defendant personally served. M tCS EW04-, ptW , _ Adult family member with whom Defendant(s) reside(s). unsworn falsification to authorities. Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. ,[ Other: QS?F-A NJ fg&fV Descri lion: Age Height Weight Race Sex Other 16 --Pbc U- a competent adult, hereby verify that I personally haA" a true and correct copy of the I, 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 subiect to the penalties of 18 Pa. C.S.'Sec. 4904 relating to DATE: 3611; NAME: PRINTED NAME: ?CLl N 4?tD (y`D t L TITLE: PK& HESS sce-vop, NOT SERVED On the day of , 20_, at _ o'clock _. M., Defendant 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 unswom falsification to authorities. BY: PRINTED NAME: ATTORNEY FORD Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz April 13, 2012 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. Li Marie Coyne, Fi4itor SWORN TO AND SUBSCRIBED before me this 13 day of April, 2012 614 Notary ; NOTARIAL SEAL DEBORAH A COLLINS FRUS E BORMW. Notary Public CUMBERLAND COIPM Commia" EaaerrsApr 28.201 CUMBERLAND LAW JOURNAL NOTICE OF SAS SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 10-2832 CIVIL TERM BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP VS. REBECCA GIVEN NOTICE OF SHERIFFS SALE OF REAL PROPERTY NOTICE TO: REBECCA GIVEN Being Premises: 4145 SEARS RUN DRIVE, MECHANICSBURG, PA 17050-2550. Being in TOWNSHIP OF HAMP- DEN, County of CUMBERLAND, Commonwealth of Pennsylvania, 10-18-1314-026. Improvements consist of residen- tial property. Sold as the property of REBECCA GIVEN. Your house (real estate) at 4145 SEARS RUN DRIVE, MECHANICS- BURG, PA 17050-2550 is scheduled to be sold at the Sheriff's Sale on June 6, 2012 at 10:00 A.M., at the CUMBERLAND County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the Court Judg- ment of $86,603.84 obtained by, BANK OF AMERICA, N.A. AS SUC- CESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP (the mortgagee), against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff Apr. 13 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Ag1i17, 2012 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication Sw to and subscribed before me this q 2,012- Notary Public My commission expires: Ni?1'. ?'A! SEAL BAMBI ANN HE??, ;nAN Notary Pub;. F4y LISLE BOROUGH, CUM6tr. Commission Expires Jan 2r, 2u PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 r05rfor Plaintiff ( i J "?tij COUNT' J?SytyAI NI4 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 Plaintiff, V. REBECCA GIVEN Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 10-2832 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached he r it "A". Date: 5130 hael Kolesnik, Esquire for Plaintiff IMPORTANT NOTICE: This property is s9'd at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 237451 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff v. REBECCA GIVEN Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-2832 CIVIL TERM CUMBERLAND COUNTY PHS # 237451 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC 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 4145 SEARS RUN DRIVE, MECHANICSBURG, PA 17050-2550. Name and address of Owner(s) or reputed Owner(s): Name 2. 4 REBECCA GIVEN Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 4145 SEARS RUN DRIVE MECHANICSBURG, PA 17050-2550 Address (if address cannot be reasonably ascertained, please so indicate) 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) CUMBERLAND COUNTY ADULT 1 COURTHOUSE SQUARE PROBATION CARLISLE, PA 17012-3387 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) TOWNSHIP HAMPDEN 230 S. SPORTING HILL ROAD MECHANICBURG, PA 17055 TOWNSHIP OF HAMPDEN 44 W. MAIN STREET C/O KEITH O. BRENNEMAN, ESQUIRE MECHANICSBURG, PA 17055 SNELBAKkR & BRENNEMAN PC Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANTIOCCUPANT 4145 SEARS RUN DRIVE MECHANICSBURG, PA 17050-2550 DOMESTIC' RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL'REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: YL By: rn Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff a ° a ° a ? ra as g eb k u ? A B ? 5 A O 7 a 01 a 9 0 W 03 b' .. •6 ,va G O M ?p N O ? w O a Qa WW w 1 OO?i a o oa ?a w ?m ts? ? A W ,? W ? .? F. o U fa d kn °?°;E" d Za QWZZ d X a 00, p0, GzW? Wt WW VA C tea, 0? ",L14pa E-?aa?0a4In UU xx ?d o W F ?? ZW PQ :zW 4 u X a a z U 0 \ 'u 2 * * , O ? g (L) 4) - z CA 4.) M QO u o. c f _ m TO = . C O C v? m •E c E E F ? ua ? d E • u _ L V F O L C•-°a 3 c ? E x x E metal Ev ? E V .Q F no , e6 i °U E d G C p u • L ° 0 0 0 0 ?"O u O N u0 A :? .? u C h N _ o o a E . w 7? W ' c.Q_ uN o vo. y y U W C 9 ? v, w'r u E o O I" ?? CC w a F^ a' N Q"' O to N ) cd ch b > C o aCi xw ? ? a a?.? ?O O II ?b ca -0 z<0 v Q P? A ° E v O W O ? T ? O 6 ? V v ? a E O 04 N W mtw Q u Q ; b Lf y d b N et t-1 a° d A4 F v v [ V O > H i ti "?. W L 3.4 ? rA -" H a Z C. N .M-1 O .r 3 C/? N N W ' .,, L W ?h V a U ° o a o Q y > ^ C w° [ w Q d g tR 'C ?_ ai C r?i d a 3 O N Lr a y ? L O O r-? },?. W ° o N O E" `? W- " L y ti 61 [ x O O L PS a. o Ca a ., d a3 O pq (i? 4 E m L a ? w o ?M o vQ [CD V5v? ?30A ? WW o' Q A? 2 . C .-y N M R 1!1 `O e r; W Un N .r 0 N ?D OO O 0 3 ao a°v Y ? M U O 71 Ili g o ti a 'a a?OOa I 'b Ln y b z¢o V ? AD y U t ' ,C Cgg1 ,, .gyp ^.,}y O p it CC S E W E 'O u y t v N 93 C ,O ?.. ii rV 0 ? 'd ? ti qc ? ,au o -" F PQG N t et h L dt 'O O 0 ? ? o a to N ?, M . C eo 10 ' o E . ? 0 ? PC a Q v T a 0 Z o N po .: Z iL © w qn ?w h daN A ? GO '4 ?•y Z ??eq IP .? o >0 O . -? ?3 N a > wa ti+ ppgy Q ,? Q °? E o CQ a ^? ? p a+ ZW GO. u d as o .a ?... ` a??- of x.ta ? W , E z Zkn H EZ% U?V E aC UA a?.°o . pOa tAvi ao d ?N M x ? z °z ? rs? ? D r M ,. a? C? .r N M ?f Vi ? °? a N6 w SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson T7 , Sheriff Jody S Smith r Chief Deputy, ? ?? f! 17 V Richard W Stewart Solicitor PEWE SwL1!AI A BAC Home Loans Servicing, L.P. vs. Rebecca Given Case Numb 2010-2832 SHERIFF'S RETURN OF SERVICE 03/20/2012 03/20/2012 06/06/2012 07:36 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performedy posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled actin upon the property located at 4145 Sears Run Drive, Hampden Township, Mechanicsburg, PA 17050, Cumberland County. 07:36 PM - Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a dilig n search and inquiry for the within named Defendant, to wit: Rebecca Given, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in he above titled action, as "Not Found" at 4145 Sears Run Drive, Mechanicsburg, PA 17050 defendant is of known at address by the post office. Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice h d been given according to law, he exposed the within described premises at public venue or outcry at th Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on June 06, 2012 at 10: 0 AM. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Bank of America N.A., being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $832.24 July 11, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF I?I III Co. ' ?7?e BANK OF,AMERICA, N.A. AS SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff CIVIL DIVISION NO.: 10-2832 CIVIL TEAM V. REBECCA GIVEN Defendant(s) CUMBERLAND COUNI TY I PHS # 237451 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, Pla tiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the followin information concerning the real property located at 4145 SEARS RUN DRIVE, MECHANICSBURG, PA 17050-2550. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) REBECCA GIVEN 4145 SEARS RUN DRIVE MECHANICSBURG, PA 17050-2550 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. I 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the propert ? which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 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 4145 SEARS RUN DRIVE MECHANIC'SBURG, PA 17050-2550 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 falsification to authorities. Date: 2 2? 2 By: Phe n Hallinan & Schmieg, LLP J Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO COURT OF COMMON PLEAS BAC HOME LOANS SERVICING, LP : CIVIL DIVISION Plaintiff NO.: 10-2832 CIVIL TgRM VS. REBECCA GIVEN : CUMBERLAND C Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: REBECCA GIVEN 4145 SEARS RUN DRIVE MECHANICSBURG, PA 17050-2550 "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 BAN UPTCY, 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 4145 SEARS RUN DRIVE, MECHANICSBURG, PA 17050-255 is scheduled to be sold at the Sheriffs Sale on 06/06/2012 at 10:00 AM in the Cumberland County Cou house, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $86,603.84 obtained by BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP (t lie 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 x 230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the j{ dgment if the judgment was improperly entered. You may also ask the Court to postpone the sale for good ca?se. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chancelyou 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 t:he 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) ays after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection n 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 t e 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 ELOW 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. 10-2832 CIVIL TERM BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP vs. REBECCA GIVEN owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being (Municipality) 4145 SEARS RUN DRIVE, MECHANICSBURG, PA 17050-2550 Parcel No. 10-18-1314-026 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $86,603.84 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THOSE TWO CERTAIN lots or pieces of land with improvements thereon erected situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, separately bounded described as follows, to wit: TRACT NO. 1: BEGINNING at an iron pin in the center of a public road, thence Westwardly along the center of public road, 61 feet to an iron pin in the center of public road; thence Southwardly 65 feet, more less, along the property and lands of Harry E. Hess to low water mark, Conodoquinet Creek; thence Eastwardly along the said low water mark and Creek 61 feet; thence Northwardly 65 feet, more or less, alp the lands of Grover Mackey, to iron pin in center of public road to point of beginning. TRACT NO. 2: BEGINNING at an iron pin in road, leading to Sierer's Run; thence Westwardly to Eastwardly 100 feet along said road; thence Southwardly along the land of Chas. L. and Therdora E. McMullen, 69 feet to low water mark and pin at Conodoquinet: Creek; thence Eastwardly along said creek 101 feet to a pin; thence Northwardly along the land of Clair J. Stouffer 65 feet to the place of beginning. TITLE TO SAID PREMISES VESTED IN Rebecca Given, given by Gregory R. Bachman Barbara A. Bachman dated 3/6/2007, and recorded 4/2/2007, in Book 279, Page 1876,Instu # 2007-010571. PREMISES BEING: 4145 SEARS RUN DRIVE, MECHANICSBURG, PA 17050-2550 PARCEL NO. 10-18-1314-026 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-.283A Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A., as successor by merger to BAC HOME LOANS SERVICING, LP, Plaintiff (s) From REBECCA GIVEN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $86,603.84 L. L.: $.50 Interest from 8/19/11 to Date of Sale ($14.24 per diem) -- $4,172.32 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $207.00 Plaintiff Paid: Other Costs: Date: 3/1/12 (Seal) David D. Buell, Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 TRUE COPY FROM REC RD Ito In Testiimony WhOW. I hwe Mfg ufoo IM me cram aftat Pis. hand t1?ls std. LAZ.._ On March 7, 2012 the Sheriff levied upon the defendant's interest in the real property situated Hampden Township, Cumberland County, PA, known and numbered 4145 Sears Run Drive, Mechanicsburg, PA 17055 more fully described on Exhibit"A" filed with this writ and by this reference incorporated herein. Date: March 7, 2012 By; For Claudia Brewbaker, Real Estate Coordinator t)114A Y; ,lp't ,fvt 9?8e ii St b1a ia" fbt 5 9. r PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County anc State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Lav Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesa was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz April 13, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberla Law Journal, a legal periodical of general circulation, and that he is not interested in the subj 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. f? Lisa Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 13 day of April, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 r r. CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 10-2832 CIVIL. TERM BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP VS. REBECCA GIVEN NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: REBECCA GIVEN Being Premises: 4145 SEARS RUN DRIVE, MECHANICSBURG, PA 17050-2550. Being in TOWNSHIP OF HAMP- DEN, County of CUMBERLAND, Commonwealth of Pennsylvania, 10-18-1314-026. Improvements consist of residen- tial property. Sold as the property of REBECCA GIVEN. Your house (real estate) at 4145 SEARS RUN DRIVE, MECHANICS- BURG, PA 17050-2550 is scheduled to be sold at the Sheriff's Sale on June 6, 2012 at 10:00 A.M., at the CUMBERLAND County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the Court Judg- ment of $86,603.84 obtained by, BANK OF AMERICA, N.A. AS SUC- CESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP (the mortgagee), against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff Apr. 13 9 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established. December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): April 7, 2012 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication ne, Swor to and subscribed before me this q 2.012. Notary Public My commission expires: BAMBI Ak%.I Fti Notary Pu.i CARLISLE BOROUGH, CLh41it • ,- MY Commission Expires Jai: ? %, Z I he Natrlnt-l`+TTetll s (,;n. 2020 Technclogy Pkwy Suite 30C Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE to t patri otwivujs Now you kno'rl CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suile 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunda i 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 Z s 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 cn behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: D4/27/12 2010-2832 Civil Term D5/04/12 Bank of America, N.A. As Successor by 05/11/12 Merger to SAC Home Loans Servicing, LIP ? V8 ` k . ? ? Rebecca Given : .. ..... . .. . .__. . Atty: Daniel Schmleg ritofFxecutionNO.1o- 2 Sworn to and subscribed belfore m thii 2?6ay of May, 2012 A.D. 283 CIVILTE 2832 CIVIL TERM \ BANK OF AMERICA, N.A. AS - SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP VS. Notary Public REBECCAGIVEN owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being COMMONWEALTH OF PENNSYLVANIA (Municipality) Notarial ".star 45 SEARS RUN DRIVE, Sherrie L. O rrens, Notary Public L t CHANICSBURG, PA 17050-2550 Lower Paxton Ywp., t7auphlh County cel No.10-18-1314-026 My Commission Ex irds Nov. 26 2015 reage or street address) MEMBER, PENNSYLVANIA A 4 faN r N ARI S Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $86,603.84 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Bank of America, N.A. is the grantee the same having been sold to said grantee on the 6 day of June A.D., 2012, under and by virtue of a writ Execution issued on the 1 da? of March, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 2832, at the suit of Bank of America, N.A. against Rebecca Given is duly recorded as Instrument Number 201221272. IN TESTIMONY WHEREOF, I have hereunto set my?hand an eal of said office this da of . A.D. ,1'C /vC Recorder of Recoft of qq6&bAbw*W C=% Ca* PA Cmmiss B* FtdUpftojjvL= CUMBERLAND LAW JOURNAL Writ No. 2010-2832 Civil Term Bank of America, N.A. As Successor by Merger to BAC Home Loans Servicing, LP vs. Rebecca Given Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-2832 CIVIL TERM, BANK OF AMERICA, N.A. AS SUCCES- SOR BY MERGER TO BAC HOME LOANS SERVICING, LP vs. REBECCA GIVEN, owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being 4145 SEARS RUN DRIVE, MECHANICSBURG, PA 17050-2550. Parcel No. 10-18-1314-026 Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $86,603- .84. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103 215-563-7000 59 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 any State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Lai Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesE 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 regularl, 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, 27, May 4, and Mav 11, 2012 Affiant further deposes that he is authorized to verify this statement by the Law Journal, a legal periodical of general circulation, and that he is not interested in the subj 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. ti Lis Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 11 day of May, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014