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Home My WebLink About11-3867WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO II-3867 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AURORA LOAN SERVICES, LLC Plaintiff (s) From BRADLEY R. CAMPBELL AND BONNIE G. CAMPBELL (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) ghat: (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: $86,201.83 L.L.: $.50 Interest from 6/2/2011 to Date of Sale ($14.17 per diem) - $2,678.13 Arty's Comm: % Due Prothy: $2.00 Arty Paid: $191.50 Other Costs: Plaintiff Paid: Date: 7/19/11 1 71 alAe:il ldtek/fL David D. Buell, Prothonota (Seal) Deputy REQUESTING PARTY: Name: VIVEK SRIVASTAVA, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 202331 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 AURORA LOAN SERVICES, LLC. Plaintiff v BRADLEY R. CAMPBELL BONNIE G. CAMPBELL Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-3867-CIVIL CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/02/2011 to Date of Sale ($14.17 per diem) TOTAL Note: Please attach description of property. PHS # 266693 ON4 aq 00 ?c1 0?. 59. oo c¢F °? a. 00 V. It 1?-{. ooutr 1" ?? ? so ? a?'1 f C:D $86,201.83 C-_ ' `-r' can ?? $2,678.13 t ? of o !z 3> ["? sa -n c=) Zo G Cl r-n $8887996 - Attorney o laintiff Phelan Hallinan & 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 ? Fivek me R. Davey, Esq., Id. No. 87077 ? ren R. Tabas, Esq., Id. No. 93337 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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 CAW baR oa S Wnt of 2 ?- ? -v v s w ?> w > ?Q? wQa, 0 w y N 0 0 N ? ?Q Q N O a Q N ? O Ha ?Ha 3 W ?O? - O z w Z 'C3 'c3 O W O W ? ? d F?1 O , p O a ? Vl ob 00 a1 z ?"? W M N N t- 00 M M OV' Z O O W) OO O Iii W a ?. ?O ?U O ooo - 0 M O r- oo N N o O? O M Oisr v? W a? P. o 0 oZ Zo0(m:N r \,c ob o oZ°MM O ?+? U a W y a?ZZ oZ°b o ozo? Z oZ aZZ ti 0ZZ H as O o ?bb zZ -Z b W v a?i a a v? ti ti o b a c y a W H W o a W a w Z V" o a V) ?, O W PG o W W ti W o a Q d a w ? W w a v W ?A d a ~??i ?' a°?'W a> emu" Cd U? p a >- v W °; b Q c ca co CO > x A O Z W a 3? z o o z>? U-0 a o3 -0 r. C;3 7-j V d > Pa w w ¢ a??????CJLJCI?????????? LEGAL DESCRIPTION ALL THA'I' CERTAIN piece, pareel or tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, situate on the easterly side of South Enola Drive, described in accordance with a survey dated June 15, 1988, being drawing No. CC-23, prepared by William A. Burch and Associates, a copy of which is attached hereto, which premises are bounded and described as follows, to wit: BEGINNING on an iron pin on the easterly right-of-way line of South Enola Drive at line of lands now or formerly of Ross C. and Frances T. Blosser; thence along South Enola Drive North thirty-three degrees Fifty- eight minutes West forty-nine and thirty-three hundredths feet (N. 33 degrees 58 minutes W. 49.33 feet) to a drill hole set at line of lands now or formerly of Willis R. Miller; thence along same North sixty-one degrees seven minutes three seconds East one hundred forty-six and twenty-eight hundredths feet (N. 61 degrees 7 minutes 3 seconds E. 146.28 feet) to an iron pin on the westerly side of a 16 foot wide alley; thence along same South thirty-three degrees fifteen minutes zero seconds East fifty feet (S. 33 degrees 15 minutes 0 seconds E. 50 feet) to an iron pipe at line of land aforesaid; thence along same South sixty-one degrees twenty-four minutes zero seconds West one hundred forty-five and seventy-two hundredths feet (S. 61 degrees 24 minutes 0 seconds W. 145.72 feet) to the iron pin at the point and place of BEGINNING. CONTAINING 0.16586 acres and having thereon erected one and one-half frame dwelling house. TITLE TO SAID PREMISES IS VESTED IN Bradley R. Campbell and Bonnie G. Campbell, his wife, by Deed from Clyde R. Grimes and Judy R. Grimes, his wife, dated 06/28/2000, recorded 07/13/2000 in Book 225, Page 257. PREMISES BEING: 302 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2809 PARCEL NO. 09-15-1291-308. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ,I Attorneys for Plaintiff I 'PROTHONOTAR'i` 2011 JUL 19 AM 11: 01 AURORA LOAN SERVICES, LLC. Plaintiff V. BRADLEY R. CAMPBELL BONNIE G. CAMPBELL Defendant(s) CERTIFICATION CIVIL DIVISION NO.: 11-3867-CIVIL : 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 authorities ()4 k-\kk? § 4904 relating to unswom falsification to By: f (W Attorney for amtiff 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 ? Je ' e R. Davey, Esq., Id. No. 87077 Xuren 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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Schemer, Esq., Id. No. 308912 This certification is made subject to the penalties of 18 Pa. C.S CUMBERLAND COUNTY COURT OF COMMON PLEAS PENNSYLVANIA AURORA LOAN SERVICES, LLC. - v • Plaintiff V. FL 0-0 I" ICE THE PROTHONOTAR"t BRADLEY R. CAMPBELL BONNIE G. CAMPBELL Defendant(s) 2111 JUL 19 AN I1: 01 ° UMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-3867-CIVIL CUMBERLAND COUNTY PHS # 266693 AFFIDAVIT PURSUANT TO RULE 3129.1 AURORA LOAN SERVICES, LLC., 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 302 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2809. 1. Name and address of Owner(s) or reputed Owner(s): Name BRADLEY R. CAMPBELL BONNIE G. CAMPBELL 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 302 SOUTH ENOLA DRIVE ENOLA, PA 17025-2809 302 SOUTH ENOLA DRIVE ENOLA, PA 17025-2809 Address (if address cannot be reasonably ascertained, please so indicate) 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) WACHOVIA BANK, N.A 7105 CORPORATE DRIVE PTX C-35 PLANO, TX 75021 WACHOVIA BANK, N.A 701 MARKET STREET STE. 5000 C/O MICHAEL T. MCKEEVER, ESQUIRE , MELLON INDEPENDENCE CENTER PHILADELPHIA, PA 19106 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be None. reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None. Address (if address cannot be reasonably ascertained, please indicate) 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 302 SOUTH ENOLA DRIVE ENOLA, PA 17025-2809 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 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. (n I-,- Date: ©, ?? \\ By: - 17) Attorney laintiff Phelan Hallinan & 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 ? Je 'ne R. Davey, Esq., Id. No. 87077 ? uren 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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Schemer, Esq., Id. No. 308912 AURORA LOAN SERVICES, LLC. VS. BRADLEY R. CAMPBELL BONNIE G. CAMPBELL : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO.:11-3867-CIVIL : CUMBERLAND COUNTY Defendant(s) c -.? NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BRADLEY R. CAMPBELL BONNIE G. CAMPBELL r<-C j m 302 SOUTH ENOLA DRIVE 302 SOUTH ENOLA DRIVEXQ ENOLA, PA 17025-2809 ENOLA, PA 17025-2809 rn C-' > "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 302 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2809 is scheduled to be sold at the Sheriff's Sale on 12/07/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $86,201.83 obtained by AURORA LOAN SERVICES, LLC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped., your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 -ti SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-3867-CIVIL AURORA LOAN SERVICES, LLC. vs. BRADLEY R. CAMPBELL BONNIE G. CAMPBELL owner(s) of property situate in EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 302 SOUTH ENOLA DRIVE ENOLA PA 17025-2809 Parcel No. 09-15-1291-308. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $86,201.83 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel or tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, situate on. the easterly side of South Enola Drive, described in accordance with a survey dated June 15, 1988, being drawing No. CC-23, prepared by William A. Burch and Associates, a copy of which is attached hereto, which premises are bounded and described as follows, to wit: BEGINNING on an iron pin on the easterly right-of-way line of South Enola Drive at line of lands now or formerly of Ross C. and Frances T. Blosser; thence along South Enola Drive North thirty-three degrees Fifty- eight minutes West forty-nine and thirty-three hundredths feet (N. 33 degrees 58 minutes W. 49.33 feet) to a drill hole set at line of lands now or formerly of Willis R. Miller; thence along same North sixty-one degrees seven minutes three seconds East: one hundred forty-six and twenty-eight hundredths feet (N. 61 degrees 7 minutes 3 seconds E. 146.28 feet) to an iron pin on the westerly side of a 16 foot wide alley; thence along same South thirty-three degrees fifteen minutes zero seconds East fifty feet (S. 33 degrees 15 minutes 0 seconds E. 50 feet) to an iron pipe at line of land aforesaid; thence along same South sixty-one degrees twenty-four minutes zero seconds West one hundred forty-five and seventy-two hundredths feet (S. 61 degrees 24 minutes 0 seconds W. 145.72 feet) to the iron pin at the point and place of BEGINNING. CONTAINING 0.16586 acres and having thereon erected one and one-half frame dwelling house. TITLE TO SAID PREMISES IS VESTED IN Bradley R. Campbell and Bonnie G. Campbell, his wife, by Deed from Clyde R. Grimes and Judy R. Grimes, his wife, dated 06/28/2000, recorded 07/13/2000 in Book 225, Page 257. PREMISES BEING: 302 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2809 PARCEL NO. 09-15-1291-308. Phelan Hallinan & Schmieg, LLP Sheetal R. Shah-Jani, Esq., Id. No.81760 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. Plaintiff C MM CD M- XM .ter- ? a CC3 =C? 5c: c:>m -< CO -:;0 C ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. CUMBERLAND County BRADLEY R. CAMPBELL BONNIE G. CAMPBELL No.: 11-3867-CIVIL Defendants 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 25, 2011. 2. Judgment was entered on June 2, 2011 in the amount of $86,201.83. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. 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 266693 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 December 7, 2011. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 7, 2011 Per Diem $15.68 Late Charges Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Mortgage Insurance Premium to be paid prior to December 7, 2011 Suspense/Misc. Credits Escrow Deficit $81,758.83 $7,250.64 $163.18 $1,300.00 $885.00 $160.00 $155.29 $61.36 ($46.47) $1,876.68 TOTAL $93,564.51 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 Defendants. 8. Plaintiff's foreclosure judgment is in rem 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 October 26, 2011 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. 266693 A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are 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: Phelan Hallinan & Schmieg, LLP By: s Sheetal R. Sh -Jani, squire ATTORNEY AINTIFF 266693 Phelan Hallinan & Schmieg, LLP Sheetal R. Shah-Jani, Esq., Id. No.81760 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. CUMBERLAND County BRADLEY R. CAMPBELL BONNIE G. CAMPBELL No.: 11-3867-CIVIL Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE BRADLEY CAMPBELL and BONNIE G. CAMPBELL 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 302 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2809. 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. 266693 In the instant case, Defendants 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. 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 Defendants 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 Co oration 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. Nationsbanc Mortgage Corp v Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v Ciongoli, 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 266693 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 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 Defendants 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 Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are 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 s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 111. THE FORECLOSURE JUDGMENT IS IN REM ONLY 266693 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 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 Defendants 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 266693 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. VI. ATTORNEY'S 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 an d Loan Association v. Street Road Shopping Center, 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). Recently, 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 Reams, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. 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. 266693 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 Sheriff s 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. 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 266693 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. 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. 266693 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: Phelan Hallinan & Schmieg, LLP By: Sheetal R. Shah-Jai-V, Esqu e Attorney for Plainti 266693 Exhibit "A" 266693 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff 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 C Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. FIiakos, 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 x» Allison F. Wells, Esq., Id. No. 309519 `William E. Miller, Esq., Id. No. 308951 D :? ? `tea Melissa J. Scheiner, Esq., Id. 1617 JFX Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. VS. BRADLEY R. CAMPBELL BONNIE G. CAMPBELL CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 11-3867='CIVIL 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 BRADLEY R. CAMPBELL and BONNIE G. CAMPBELL, 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 Plaintiffs damages as follows: 266693 As set forth in Complaint $85,245.36 Interest - 04/02/2011 to 06/01/2011 $956.47 TOTAL $86,201.83 I hereby certify that (1) the Defendants' last known address is 302 SOUTH ENOLA DRIVE, FNOLA, PA 17025-2809, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date _ 10 t V1 L j Lr nce T. Phelan, Esq., Id. o. 32227 f] IF is S. Hallinan, Esq., Id. 62695 D el G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 C] Judith T. Romano, Esq., Id. No. 58745 Elkheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 [I 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 F] Chrisovalante P. Fliakos, Esq., Id. No. 94620 ?.Joshua 1. Goldman, Esq., Id. No. 205047 F] Courtenay R. Dunn, Esq., Id. No. 206779 F] Andrew C. Bramblett, Esq., Id. No. 208375 0 Allison F. Wells, Esq., Id. No. 309519 0 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 111 1 it PHS # 266693 PROTHONOTARY 266693 Exhibit "B" 266693 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 October 26, 2011 BRADLEY R. CAMPBELL BONNIE G. CAMPBELL 302 SOUTH ENOLA DRIVE ENOLA, PA 17025-2809 RE: AURORA LOAN SERVICES, LLC. v. BRADLEY R. CAMPBELL and BONNIE G. CAMPBELL Premises Address: 302 SOUTH ENOLA DRIVE ENOLA, PA 17025 CUMBERLAND County CCP, No. 11-3867-CIVIL Dear Defendants, 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 October 31, 2011. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Melissa J. Cantwell, Esq Attorney for Plaintiff Enclosure 266693 N o, a, W FD ?d ?. , A w N c coo rn w N r w d t o co L x a N n W Q" "t m O O ^ d A ? o > r O a CA CA 00 m ` ` y oo >v v ? z a z ? b a eD r ? oo? ? ? w O rv o ? o, 9 N o2.3aR V, El L4 o = 0 0 `-' 69 "? O n. o o ? TI .` 1 n o o y Cr1 oy o a E3 °^ c ti 3£?a b m.O as g QQ ee ? ?9 » m 3 a H & io io rn 0 0 ? o m?3 ° 5? s -S PQ? B ° ig O ?r . a B a._ d a :1 gouvrs 02 ,M ?1 ? ? a ' ?26 0004277256 9 m om . 'b E3 OCT 26 2011 MAILED FROM ZIPCODE , 910 ?a? ? y •r7 0 a 0 0 z a z r r z z X c? r b a ?. Phelan Hallinan & Schmieg, LLP Sheetal R. Shah-Jani, Esq., Id. No.81760 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. Plaintiff V. BRADLEY R. CAMPBELL BONNIE G. CAMPBELL Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-3867-CIVIL 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 individuals on the date indicated below. BRADLEY R. CAMPBELL BONNIE G. CAMPBELL 302 SOUTH ENOLA DRIVE ENOLA, PA 17025-2809 DATE: Phelan Hallinan & Schmieg, LLP By: Sheetal R. Shah,t!!?Xsquire ATTORNEY FOR PLAINTIFF 266693 A L? MW 23 All, 10: LtP 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 ATTORNEY FOR PLAINTIFF AURORA LOAN SERVICES, LLC. Plaintiff vs. Court of Common Pleas Civil Division CUMBERLAND County BRADLEY R. CAMPBELL BONNIE G. CAMPBELL No.: 11-3867-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's November 9, 2011 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. BRADLEY R. CAMPBELL BONNIE G. CAMPBELL 302 SOUTH ENOLA DRIVE ENOLA, PA 17025-2809 q Phelan Hallinan & Schmieg, LLP DATE: Ut ?? By. Melissa J. Cantwell, Esquire Attorney for Plaintiff 266693 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff i u Jody S Smith Chief Deputy Richard W Stewart ^U °`'SERLAID 7 Solicitor F -C7 1 N H S Y L'`r''', P Aurora Loan Services, LLC Case Number vs. 2011-3867 Bradley R. Campbell (et al.) SHERIFF'S RETURN OF SERVICE 09/28/2011 02:18 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 302 South Enola Drive, Enola, PA 17025, Cumberland County. 09/28/2011 02:18 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Bonnie G. Campbell at 302 South Enola Drive, East Pennsboro Township, Enola, PA 17025, Cumberland County. 09/28/2011 02:18 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be BONNIE CAMPBELL - WIFE , who accepted as "Adult Person in Charge" for Bradley R. Campbell at 302 South Enola Drive, East Pennsboro Township, Enola, PA 17025, Cumberland County. 12/06/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/1/2012 01/25/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/4/2012 03/22/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $716.00 March 27, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF w;% 1110 P.11 . L? . AI? Pic, AURORA LOAN SERVICES, LLC. ` Plaintiff V. BRADLEY R. CAMPBELL BONNIE G. CAMPBELL Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-3867-CIVIL CUMBERLAND COUNTY PHS # 266693 AFFIDAVIT PURSUANT TO RULE 3129.1 AURORA LOAN SERVICES, LLC., 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 302 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2809. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) BRADLEY R. CAMPBELL 302 SOUTH ENOLA DRIVE ENOLA, PA 17025-2809 BONNIE G. CAMPBELL 302 SOUTH ENOLA DRIVE ENOLA, PA 17025-2809 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) WACHOVIA BANK, N.A 7105 CORPORATE DRIVE PTX C-35 PLANO, TX 75021 WACHOVIA BANK, N.A 701 MARKET STREET, STE. 5000 C/O MICHAEL T. MCKEEVER, ESQUIRE MELLON INDEPENDENCE CENTER PHILADELPHIA, PA 19106 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 t b None. canno e reasonably ascertained, please indicate) 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 302 SOUTH ENOLA DRIVE ENOLA, PA 17025-2809 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 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: By: Attorney laintiff 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 [ Je *ne R. Davey, Esq., Id. No. 87077 uren 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 ? 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. 208 375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 AURORA LOAN SERVICES, LLC. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. BRADLEY R. CAMPBELL : NO.: 11-3867-CIVIL BONNIE G. CAMPBELL : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BRADLEY R. CAMPBELL BONNIE G. CAMPBELL 302 SOUTH ENOLA DRIVE 302 SOUTH ENOLA DRIVE ENOLA, PA 17025-2809 ENOLA, PA 17025-2809 "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. 'L A Your house (real estate) at 302 SOUTH ENOI.A DRIVE, ENOLA, PA 17025-2809 is scheduled to be sold at the Sheriff's Sale on 12/07/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $86,201.83 obtained by AURORA LOAN SERVICES, LLC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-3867-CIVIL AURORA LOAN SERVICES, LLC. vs. BRADLEY R. CAMPBELL BONNIE G. CAMPBELL owner(s) of property situate in EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 302 SOUTH _ENOLA DRIVE, ENOLA, PA 17025-2809 Parcel No. 09-15-1291-308. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $86,201.83 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel or tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, situate on the easterly side of South Enola Drive, described in accordance with a survey dated June 15, 1988, being drawing No. CC-23, prepared by William A. Burch and Associates, a copy of which is attached hereto, which premises are bounded and described as follows, to wit: BEGINNING on an iron pin on the easterly right-of-way line of South Enola Drive at line of lands now or formerly of Ross C. and Frances T. Blosser; thence along South Enola Drive North thirty-three degrees Fifty- eight minutes West forty-nine and thirty-three hundredths feet (N. 33 degrees 58 minutes W. 49.33 feet) to a drill hole set at line of lands now or formerly of Willis R. Miller; thence along same North sixty-one degrees seven minutes three seconds East one hundred forty-six and twenty-eight hundredths feet (N. 61 degrees 7 minutes 3 seconds E. 146.28 feet) to an iron pin on the westerly side of a 16 foot wide alley; thence along same South thirty-three degrees fifteen minutes zero seconds East fifty feet (S. 33 degrees 15 minutes 0 seconds E. 50 feet) to an iron pipe at line of land aforesaid; thence along same South sixty-one degrees twenty-four minutes zero seconds West one hundred forty-five and seventy-two hundredths feet (S. 61 degrees 24 minutes 0 seconds W. 145.72 feet) to the iron pin at the point and place of BEGINNING. CONTAINING 0.16586 acres and having thereon erected one and one-half frame dwelling house. TITLE TO SAID PREMISES IS VESTED IN Bradley R. Campbell and Bonnie G. Campbell, his wife, by Deed from Clyde R. Grimes and Judy R. Grimes, his wife, dated 06/28/2000, recorded 07/13/2000 in Book 225, Page 257. PREMISES BEING: 302 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2809 PARCEL NO. 09-15-1291-308. ' ` I WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 11-3867 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AURORA LOAN SERVICES, LLC Plaintiff (s) From BRADLEY R. CAMPBELL AND BONNIE G. CAMPBELL (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: $86,201.83 L.L.: $.50 Interest from 6/2/2011 to Date of Sale ($14.17 per diem) - $2,678.13 Atty's Comm: % Due Prothy: 52.00 Arty Paid: $191.50 Other Costs: Plaintiff Paid: Date: 7/19/11 David D. B il, Prothon (Seal) Deputy REQUESTING PARTY: Name: VIVEK SRIVASTAVA, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP TRUE COPY FROM RECORD In Testimony whereof, I hem unto se my (wd 1617 JFK BOULEVARD, SUITE 1400 and the seal of said P& a ,3n i i PHILADELPHIA, PA 19103 This day 1 Attorney for: PLAINTIFF y Telephone: 215-563-7000 Supreme Court ID No. 202331 On August 30, 2011 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 302 South Enola Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 30, 2011 By: Real Estate Coordinator S ?\7 CUMBERLAND LAW JOURNAL Writ No. 2011-3867 CIVIL Aurora Loan Services, LLC vs. Bradley R. Campbell Bonnie G. Campbell Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 11-3867-CIVIL. AURORA LOAN SERVICES, LLC. vs. BRADLEY R. CAMPBELL, BONNIE G. CAMPBELL owner(s) of property situate in EAST PENNSBORO TOWNSHIP, Cumber- land County, Pennsylvania, being 302 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2809. Parcel No. 09-15-1291-308. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $86,- 201.83. 27 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 21, October 28, and November 4, 2011 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. r Lisa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 4 day of November. 2011 Notary N"ARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE t4fPatriot News Now you know 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, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of-The'Patriot_News-Co. aforesaid by virtue and pursuant to a resolution unanimously passed and a top ed 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: 10/21/11 10/28/11 11/04/11 .. . rr Sworn to and, cribed before his )A day November, 2011 A.D. blic vaNr?? ??Th OF MOMFINotarial s asn Sherrie L. Owens, Notary Public MY CommWon BDauphin County MEMO, ?NNm- F.xp6KS NOV. 26, 2015 AS9DCLITION OF NOTARIES 0. , . ehe Patriot-Xtws Now you know P. O. BOX 2265 HARRISBURG, PA 17105 (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT. # 2260 DUPLICATE BILL 10/21/11 10/28/11 11/04/11 Of Ad Sheriff Sale 3867 4.97 $12.00 $ 59.64 Sheriff Sale 3867 4.97 $12.00 $ 59.64 Sheriff Sale 3867 4.97 $12.00 $ 59.64 Notary Fee $5.00 TOTAL DUE FOR THIS SALE: $ 183.92 AG 2011-W67 Civil Term Aurora Loan Servim, LLC vs Bradley R. Campbell Bonnie G, Campbell Atly: Daniel Schmleg By virtue of a Writ of Execution NO. 11-3867-CIVIL AURORA LOAN SERVICES, LLC. vs. + BRADLEY R CAMPBELL BONNIE G. CAMPBELL owner(s) of property situate in EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 302 SOUTH ENOLA DRIVE, ENOLA PA 17625-2809 Parcel No. 09-15-1291-308. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $86,201.83 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 AURORA LOAN SERVICES, LLC. Plaintiff vs. BRADLEY R. CAMPBELL BONNIE G. CAMPBELL Defendants ATTORNEY FOR PLAINTIFF CD -11 -- r- L-rl ^� _F c— rl rn@ Wrra r' -SCD Court of Common P1e.c 2 , rn,� C) cp -65 Civil Division CUMBERLAND County No.: 11 -3867 -CIVIL MOTION TO VACATE ORDER Plaintiff respectfully requests that the Court enter an Order vacating the December 5, 2011 reassessment Order and, in support thereof, avers as follows: 1. The instant action is a mortgage foreclosure commenced by the filing of a Complaint on or about April 25, 2011. 2. An in rem default judgment was entered on June 2, 2011 in the amount of $86,201.83. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Plaintiff filed a Motion to Reassess Damages, which was granted by Court Order entered December 5, 2011. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit "B". 4. On December 5, 2011, Defendant filed a Bankruptcy Petition in the Middle District of Pennsylvania under docket No. 11-08107. A true and correct copy of the Bankruptcy docket is attached hereto, made part hereof, and marked as Exhibit "C". 760526 5. The reassessment of damages was granted after the Bankruptcy was filed and the automatic stay of proceedings under 11 U.S.C.A. §362(a) was in effect. Accordingly, Plaintiff respectfully requests that that the Court vacate the Reassessment Order. WHEREFORE, Plaintiff respectfully requests that the Court vacate its December 5, 2011 Reassessment Order. DATE: 7/t/Iy By: Phelan an, LLP Justin F. Atto sq., Id. No.200392 off 760526 Exhibit "A" Phelan Hallinan & Schmieg, LLP By: 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 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. IMSE49. 1617 JFK Boulevard, Suite 1400 ATTORh, - One Penn Center Plaza ' Philadelphia, PA 19103 MET 215-563-7000 Attorney for Plaintiff AURORA LOAN SERVICES, LLC. :2 CUMBERLAND COUNTY vs. BRADLEY R. CAMPBELL BONNIE G. CAMPBELL : COURT OF COMMON PLEAS : CIVIL DIVISIQN : No. 11-38'672CIVIL 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 BRADLEY R. CAMPBELL, and BONNIE G. CAMPBELL, 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 Plaintiffs damages as follows: 266693 As set forth in Complaint Interest - 04/02/2011 to 06/01/2011 TOTAL $85,245.36 $956.47 $86,201.83 I hereby certify that (1) the Defendants' last known address is 302 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2809, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date A.J. ❑ L T. Phelan, Esq., Id. o. 32227 ❑ Fr. .is S. Hallinan, Esq., Id. o. 62695 0 D. I e1 G. Schmieg, Esq., Id. No. 62205 ❑ Michele M. Bradford, Esq., Id. No. 69849 ❑ Judith T. Romano, Esq., Id. No. 58745 heetal 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 0 Andrew L. Spivack, Esq., Id. No. 84439 ❑ 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 ❑ Allison F. Wells, Esq., Id. No. 309519 ❑ William E. Miller, Esq., Id. No. 308951 ❑ Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: Up l t PHS # 266693 PROTHONOTARY 266693 Exhibit "B" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, LLC. Plaintiff vs BRADLEY R. CAMPBELL BONNIE G. CAMPBELL Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 11 -3867 -CIVIL ORDER AND NOW, this 5 day of bee, , 2011, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants 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 Sheriffis ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through December 7, 2011 Per Diem $15.68 Late Charges Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Mortgage Insurance Premium to be paid prior to December 7,2011 Suspense/Misc. Credits Escrow Deficit $81,758.83 $7,250.64 2 mco $163.18 $1,300.00cZ; $885.00r-2= $160.007;> c-) l55.29c $61.36 ($46.47) $1,876.68 TOTAL $93,564.51 Plus interest from December 7, 2011 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. BY THE COURT: /5/ \1. toe&ce., actit 266693 Exhibit "C" USBC PAM - LIVE - VERSION 5.1 Page 1 of 12 CREDS, 2002, MEANSNO, CLOSED U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:11-bk-08107-MDF Date filed: Assigned to: Mary D France Date converted: Chapter 7 Date terminated: Previous chapter 13 Debtor discharged: Voluntary Joint debtor discharged: No asset 341 meeting: Deadline for objecting to discharge: Deadline for financial mgmt. course: Debtor disposition: Standard Discharge Joint debtor disposition: Standard Discharge Debtor Bradley R. Campbell 302 South Enola Drive Enola, PA 17025 CUMBERLAND -PA SSN / ITIN: xxx-xx-7115 Joint Debtor Bonnie G. Campbell 302 South Enola Drive Enola, PA 17025 CUMBERLAND -PA SSN / ITIN: xxx-xx-4768 Trustee Leon P. Haller (Trustee) Purcell, Krug and Haller 1719 North Front Street Harrisburg, PA 17102 717 234-4178 Fortner Trustee Charles J. DeHart, III (Trustee) 8125 Adams Drive, Suite A Hummelstown, PA 17036 717 566-6097 TERMINATED: 01/31/2014 Asst. U.S. Trustee 12/05/2011 01/31/2014 05/14/2014 05/14/2014 05/14/2014 03/10/2014 05/09/2014 05/09/2014 represented by Steven P. Miner Daley Zucker Meilton & Miner, LLC 635 N. 12th Street Suite 101 Lemoyne, PA 17043 717-724-9821 Fax : 717-724-9826 Email: sminer@dzmmlaw.com represented by Steven P. Miner (See above for address) https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?867567465242775-L_ 1_0-1 5/15/2014 USBC PAM - LIVE = VERSION 5.1 United States Trustee 228 Walnut Street, Suite 1190 Harrisburg, PA 17108 717 221-4515 Page 2 of 12 Filing Date # Docket Text 12/05/2011 1 (45 pgs) Chapter 13 Voluntary Petition. Filing fee due in th e amount of $ 281.00 filed by Steven P. Miner of Daley Zucker Meilton Miner Gingrich, LLC on behalf of Bradley R. Campbell, Bonnie G. Campbell. (Miner, Steven) (Entered: 12/05/2011) 12/05/2011 Receipt of Chapter 13 Voluntary Petition - case upload(1:11-bk-08107) [caseupld,1305u] ( 281.00) filing fee. Receipt number 541441.2, amount $ 281.00. (U.S. Treasury) (Entered: 12/05/2011) 12/05/2011 2 Matrix filed/Creditor List Uploaded. (There is no image or paper document associated with this entry.) Filed by Steven P. Miner of Daley Zucker Meilton Miner Gingrich, LLC on behalf of Bonnie G. Campbell, Bradley R. Campbell (RE: related document(s)i). (Miner, Steven) (Entered: 12/05/2011) 12/05/2011 3 (2 pgs) Certificate of Credit Counseling Filed by Steven P. Miner of Daley Zucker Meilton Miner Gingrich, LLC on behalf of Bonnie G. Campbell, Bradley R. Campbell (RE: related document(s)1). (Miner, Steven) (Entered: 12/05/2011) 12/05/2011 4 (3 pgs; 2 docs) Meeting of Creditors and Notice of Appointment of Trustee Charles J. DeHart, III (Trustee), with 341(a) meeting to be held on 01/19/2012 at 10:00 AM at Federal Bldg, Trustee Hearing Rm, Rm 1160, 11 th Fl, 228 Walnut St, Harrisburg, PA 17101. Proofs of Claim due by 04/18/2012. Government Proofs of Claim due by 06/02/2012. Objections to Dischargeability due by 03/19/2012. (Docketer, Automatic) (Entered: 12/05/2011) 12/05/2011 FeeDueBK flag removed. (CashReg) (Entered: 12/06/2011) 5 (10 pgs) Chapter 13 Plan (Includes no Motion(s) to Avoid Liens and no Motion(s) to Value Collateral) Filed by Steven P. Miner of Daley Zucker Meilton Miner https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?867567465242775-L_1 _0-1. 5/15/2014 USBC PAM - LIVE VERSION 5.1 Page 3 of 12 12/06/2011 Gingrich, LLC on behalf of Bonnie G. Campbell, Bradley R. Campbell (RE: related document(s)1). (Miner, Steven) (Entered: 12/06/2011) 12/06/201.1 6 (1 pg) Affidavit of disbursement of Trustee funds upon Dismissal and/or Conversion prior to confirmation Filed by Steven P. Miner of Daley Zucker Meilton Miner Gingrich, LLC on behalf of Bonnie G. Campbell, Bradley R. Campbell. (Miner, Steven) (Entered: 12/06/2011) 12/06/2011 7 (1 pg) Certification of No Payment Advices Filed by Steven P. Miner of Daley Zucker Meilton Miner Gingrich, LLC on behalf of Bonnie G. Campbell, Bradley R. Campbell. (Miner, Steven) (Entered: 12/06/2011) 12/06/2011 8 (19 pgs; 3 docs) Employee Income Records (Payment Advices) Filed by Steven P. Miner of Daley Zucker Meilton Miner Gingrich, LLC on behalf of Bonnie G. Campbell, Bradley R. Campbell. (Attachments: # 1 Part Time Employment Advices# 2 Part Time Employment Advices (2)) (Miner, Steven) (Entered: 12/06/2011) 12/06/2011 9 (3 pgs; 3 docs) Motion for Wage Attachment Order. Filed by Steven P. Miner of Daley Zucker Meilton Miner Gingrich, LLC on behalf of Bonnie G. Campbell, Bradley R. Campbell. (Attachments: # 1 Certificate of Debtors# 2 Proposed Order) (Miner, Steven) (Entered: 12/06/2011) 12/07/2011 10 (2 pgs; 2 docs) Order Granting Motion for Wage Attachment Order (RE: related document(s)9). (Stanchak, Brenda) (Entered: 12/07/2011) 12/08/2011 11 (4 pgs) BNC Certificate of Mailing of 341 Meeting Notice (Chapter 13) (RE: related document(s)4J. Notice Date 12/08/2011. (Admin.) (Entered: 12/09/2011) 12/09/2011. 12 (3 pgs) BNC Certificate of Mailing (RE: related document (s)l0). Notice Date 12/09/2011. (Admin.) (Entered: 12/10/2011) 1.3 Certification that 341 Meeting of Creditors Held. Notice of confirmation hearing to be sent to all creditors. (There is no image or paper document associated with this entry.). Last day to Object to Plan Confirmation 2/23/2012. Confirmation hearing https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?867567465242775-L_1 _0-1 5/15/2014 USBC PAM - LIVE VERSION 5.1 Page 4 of 12 01/23/2012 to be held on 3/14/2012 at 09:30 AM at 3rd & Walnut Sts, Bankruptcy Courtroom (3rd F1), Ronald Reagan Federal Building, Harrisburg, PA17101. (dehart, III(jd), Charles) (Entered: 01/23/2012) 01/23/2012 14 (13 pgs; 4 docs) Notice to Creditors of Confirmation Hearing. Request submitted to BNC for mailing. (Stanchak, Brenda) (Entered: 01/23/2012) 01/23/2012 15 (2 pgs) Pre -Confirmation Certification of Compliance with Post Petition Obligations in accordance with 11 U.S.C. Section 1129(a)(1.4), 1225(a)(7), and 1325(a) (8) and (A)(9). Filed by Steven P. Miner of Daley Zucker Meilton Miner Gingrich, LLC on behalf of Bonnie G. Campbell, Bradley R. Campbell. (Miner, Steven) (Entered: 01/23/2012) 01/25/2012 16 (3 pgs) BNC Certificate of Mailing of Notice setting Confirmation Hearing (RE: related document(s)L4). Notice Date 01/25/2012. (Admin.) (Entered: 01/26/2012) 01/25/2012 17 (12 pgs) BNC Certificate of Service of Chapter 12/13 Plan (RE: related document(s)14). Notice Date 01/25/2012. (Admin.) (Entered: 01/26/2012) 02/02/2012 1a (2 pgs) Objection to Ch. 13 Plan Filed by Trustee (RE: related document(s)5). (dehart, III(db), Charles) (Entered: 02/02/2012) 03/13/2012 19 The confirmation hearing set for 3/14/2012 will be called and continued until after the claims bar date. Trustee has obtained concurrence of Debtor(s) or Counsel for Debtor(s). (There is no image or paper document associated with this entry). (dehart, III (asm), Charles) (Entered: 03/13/2012) 03/14/2012 20 Proceeding Memo confirmation hearing called and continued. Objection of Trustee not resolved. Record made. Appearances: Steven Miner and Charles J. DeHart, III, Trustee. Non -Appearances:. (There is no image or paper document associated with this entry.) (RE: related document(s) 5, 18). Confirmation hearing to be held on 4/25/2012 at 09:30 AM at 3rd & Walnut Sts, Bankruptcy Courtroom (3rd F1), Ronald Reagan Federal Building, Harrisburg, PA17101.. (Goodling, Joan) (Entered: 03/15/2012) https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?867567465242775-L_1_0-1 5/15/2014 USBC PAM - LIVE = VERSION 5.] Page 5 of 12 04/23/2012 21 (12 pgs; 2 docs) First Amended Chapter 13 Plan (Includes no Motion (s) to Avoid Liens and no Motion(s) to Value Collateral) with Certificate of Service Filed by Steven P. Miner of Daley Zucker Meilton Miner Gingrich, LLC on behalf of Bonnie G. Campbell, Bradley R. Campbell (RE: related document(s)5). (Attachments: # 1 Certificate of Service)(Miner, Steven) (Entered: 04/23/2012) 04/23/2012 22 (4 pgs; 3 docs) Amended Motion for Wage Attachment Order. Filed by Steven P. Miner of Daley Zucker Meilton Miner Gingrich, LLC on behalf of Bonnie G. Campbell, Bradley R. Campbell (RE: related document(s)9). (Attachments: # 1 Certificate of Service # 2 Proposed Order) (Miner, Steven) (Entered: 04/23/2012) 04/24/2012 23 (2 pgs; 2 docs) Notice of Continued Confirmation Hearing. Request submitted to BNC for mailing. (RE: related document(s)2l). Confirmation hearing to be held on 6/13/2012 at 09:30 AM at 3rd & Walnut Sts, Bankruptcy Courtroom (3rd Fl), Ronald Reagan Federal Building, Harrisburg, PA171.01. Last day to Object to Plan Confirmation 5/24/2012. (Stanchak, Brenda) (Entered: 04/24/2012) 04/24/201 2 24 (1 pg) Exhibit Proposed Order to Amended Wage Attachment Filed by Steven P. Miner of Daley Zucker Meilton Miner Gingrich, LLC on behalf of Bonnie G. Campbell, Bradley R. Campbell (RE: related document(s)9, 22). (Miner, Steven) (Entered: 04/24/2012) 04/25/2012 25 (2 pgs; 2 docs) Order Granting Amended Motion for Wage Attachment Order (RE: related document(s) 22). (Stanchak, Brenda) (Entered: 04/25/2012) 04/26/2012 26 (3 pgs) BNC Certificate of Mailing of Notice regarding previously scheduled confirmation hearing and objection to confirmation deadline. (RE: related document(s)23). Notice Date 04/26/2012. (Admin.) (Entered: 04/27/2012) 04/27/20] 2 27 (3 pgs) BNC Certificate of Mailing. (RE: related document (s)2i). Notice Date 04/27/2012. (Admin.) (Entered: 04/28/2012) 28 Proceeding Memo: Confirmation hearing held. Plan https://ecf.parnb.uscourts.gov/cgi-bin/DktRpt.pl?867567465242775-L_1 _0-1 5/15/2014 USBC PAM - LIVE VERSION 5.1 Page 6 of 12 06/13/2012 is eligible for confirmation per Trustee. Order to be entered. Record made. (There is no image or paper document associated with this entry.) . (Goodling, Joan) (Entered: 06/13/2012) 06/14/2012 29 (2 pgs; 2 docs) Order Confirming Amended Chapter 13 Plan filed 4/23/2012 (RE: related document(s)21, 23). (Stanchak, Brenda) (Entered: 06/14/2012) 06/16/2012 30 (3 pgs) BNC Certificate of Mailing of Order re: Confirmation of Plan/Amended Plan (RE: related document(s)29). Notice Date 06/16/2012. (Admin.) (Entered: 06/17/2012) 08/02/2012 31 (4 pgs; 3 docs) Transfer of Claim. Transfer Agreement 3001 (e) 4 Transferor: Aurora Bank FSB (Claim No. 5) To Nationstar Mortgage, LLC with Certificate of Service Notice sent to Parties. Filed by Nationstar Mortgage, LLC (Lucas, Erica) (Entered: 08/02/2012) 08/04/2012 32 (3 pgs) BNC Certificate of Mailing of Notice to Parties of Transfer of Claim (RE: related document(s)31). Notice Date 08/04/2012. (Admin.) (Entered: 08/05/2012) 09/05/2012 33 (4 pgs; 3 docs) Second Motion for Wage Attachment Order. Filed by Steven P. Miner of Daley Zucker Meilton Miner Gingrich, LLC on behalf of Bonnie G. Campbell, Bradley R. Campbell. (Attachments: # 1 Certificate of Service # 2 Proposed Order) (Miner, Steven) (Entered: 09/05/2012) 09/07/2012 34 (1 pg) Exhibit Second Amended Order to Second Motion to Modify Wage Attachment Filed by Steven P. Miner of Daley Zucker Meilton Miner Gingrich, LLC on behalf of Bonnie G. Campbell, Bradley R. Campbell (RE: related document(s)33). (Miner, Steven) (Entered: 09/07/2012) 09/11/2012 35 (2 pgs; 2 docs) Order Granting Second Motion for Wage Attachment Order (RE: related document(s)33). (Stanchak, Brenda) (Entered: 09/11/2012) 09/13/2012 36 (3 pgs) BNC Certificate of Mailing. (RE: related document (s)35). Notice Date 09/1.3/2012. (Admin.) (Entered: 09/14/2012) https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?867567465242775-L_1 _0-1 5/15/2014 USBC PAM - LIVE - VERSION 5.1 Page 7 of 12 11/20/2012 37 (14 pgs; 6 docs) Motion for Relief from Automatic Stay with nonconcurrence and Notice of Self Scheduled Hearing with Objection Deadline. Re: re: 2003 Mercury Mountaineer. Filing fee due in the amount of 176.00. Notice served on 11/20/2012. Filed by Linda S Fossi of Deily Mooney and Glastetter LLP on behalf of Santander Consumer USA Inc.. Objections due by 12/12/2012.Hearing scheduled for 12/18/2012 at 09:30 AM - 3rd & Walnut Sts, 3rd Fl Courtroom, Harrisburg, PA. (Attachments: # 1 Exhibit A# 2 Notice of Motion# 3 Certificate of Non -Concurrence# 4 Proposed Order # 5 Certificate of Service) (Fossi, Linda) (Entered: 11/20/2012) 11/20/2012 Receipt of Motion for Relief from Automatic Stay (1:11-bk-081.07-MDF) [motion,mrlfsty] ( 176.00) filing fee. Receipt number 6073356, amount $ 176.00. (U.S. Treasury) (Entered: 11/20/2012) 11/20/2012 38 (3 pgs; 2 docs) Request for Notice under 2002 Filed by Linda S Fossi of Deily Mooney and Glastetter LLP on behalf of Santander Consumer USA Inc.. (Attachments: # 1 Certificate of Service) (Fossi, Linda) (Entered: 11/20/2012) 11/20/2012 FeeDueRFS flag removed. (CashReg) (Entered: 11/21/2012) 11/30/2012 39 (3 pgs; 2 docs) Answer to MFR of Santander Consumer USA Filed by Steven P. Miner of Daley Zucker Meilton Miner Gingrich, LLC on behalf of Bonnie G. Campbell, Bradley R. Campbell (RE: related document(s)37). (Attachments: # 1 Certificate of Service) (Miner, Steven) (Entered: 11/30/2012) 12/18/2012 40 Proceeding Memo re: Hearing on Motion for Relief from Automatic Stay; held. Stipulation to be filed within 30 days . Order to be entered. Appearances: Steven Miner and Tracy Updike. Non -Appearances:. (There is no image or paper document associated with this entry.) (RE: related document(s)37,.). Stipulation due 1/17/2013. (Goodling, Joan) (Entered: 12/18/2012) 12/18/2012 41 (2 pgs; 2 docs) Order Directing Parties to file a stipulation withi n thirty (30) days of the date of this order. Stipula tion due 1/17/2013.(RE: related document(s)37, 39, 40 ). (Burnett, Thomas) (Entered: 12/19/2012) https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?867567465242775-L_1_0-1 5/15/2014 USBC PAM - LIVE - VERSION 5.1 Page 8 of 12 12/21/2012 42 (1 pg) Substitution of Attorney Richard C. Maider for Attorney Linda S. Fossi Filed by Richard C Maider of Deily Mooney Glastetter LLP on behalf of Santander Consumer USA Inc.. (Maider, Richard) (Entered: 12/21/2012) 12/21/2012 43 (3 pgs) BNC Certificate of Mailing. (RE: related document (s)41). Notice Date 12/21/2012. (Admin.) (Entered: 12/22/2012) 01/1.7/201.3 44 (3 pgs; 2 docs) Stipulation re: 2003 Mercury Mountaineer Filed by Richard C Maider of Deily Mooney Glastetter LLP on behalf of Santander Consumer USA Inc. (RE: related document(s)37). (Attachments: # 1 Proposed Order) (Maider, Richard) (Entered: 01/17/2013) 01/22/2013 45 (2 pgs; 2 docs) Order Approving Stipulation (RE: related document (s)44). (Burnett, Thomas) (Entered: 01/22/2013) 01/24/2013 46 (3 pgs) BNC Certificate of Mailing. (RE: related document (s)45). Notice Date 01/24/2013. (Admin.) (Entered: 01/25/2013) 04/18/2013 47 (9 pgs; 3 docs) Transfer of Claim. Transfer Agreement 3001 (e) 2 Transferor: HSBC Bank Nevada, N.A. (Claim No. 4) To PRA Receivables Management, LLC Notice sent to Parties. Filed by PRA Receivables Management, LLC (Garcia, Dolores) (Entered: 04/18/2013) 04/20/2013 48 (3 pgs) BNC Certificate of Mailing of Notice to Parties of Transfer of Claim (RE: related document(s)47). Notice Date 04/20/2013. (Admin.) (Entered: 04/21/2013) 1.2/1.9/2013 42 (4 pgs) Motion to Dismiss Ch. 13 Case for material default and Notice of Self Scheduled Hearing. Notice served on 12/19/2013. Filed by Trustee. Hearing scheduled for 01/15/2014 at 09:35 AM - 3rd & Walnut Sts, 3rd Fl Courtroom, Harrisburg, PA. (dehart, III(ds), Charles) (Entered: 1.2/1.9/2013) 01/13/2014 50 (2 pgs; 2 docs) Stipulation of Debtor and Ch. 13 Trustee. Move to convert to Chapter 7 within 5 days from date of this stipulation Filed by Trustee (RE: related document (s)2. (Attachments: # 1 Proposed Order)(dehart, III(ds), Charles) (Entered: 01/13/2014) https://ecf.parnb.uscourts.gov/cgi-bin/DktRpt.pl?867567465242775-L_1 _0-1 5/15/2014 USBC PAM - LIVE - VERSION 5.1 Page 9 of 12 01/13/2014 51 Hearing canceled. Motion resolved by stipulation. (There is no image or paper document associated with this entry.) (RE: related document(s)49). (Goodling, Joan) (Entered: 01/13/2014) 01/14/2014 52 (2 pgs; 2 docs) Order Approving Stipulation regarding Motion to Dismiss. Hearing set on Motion to Dismiss canceled. (RE: related document(s)50). (Burnett, Thomas) (Entered: 01/14/2014) 01/16/2014 53 (2 pgs) BNC Certificate of Mailing (RE: related document (s)5)2 . Notice Date 01/16/2014. (Admin.) (Entered: 01/17/2014) 01/30/2014 54 (3 pgs; 3 docs) Motion to Convert Case to Chapter 7. Filing Fee due in the amount of $25.00. Filed by Steven P. Miner o f Daley Zucker Meilton & Miner, LLC on behalf of Bonnie G. Campbell, Bradley R. Campbell (RE: related document(s)1). (Attachments: # 1 Certificate of Service # 2 Proposed Order) (Miner, Steven) (Entered: 01/30/2014) 01/30/2014 Receipt of Motion to Convert Case(1:11-bk-08107- MDF) [motion,mcnvrt] ( 25.00) filing fee. Receipt number 6787064, amount $ 25.00. (RE: related document(s)2,-). (U.S. Treasury) (Entered: 01/30/2014) 01/30/2014 55 (8 pgs; 3 docs) Amendment to Schedule I; Schedule J; Filed by Steven P. Miner of Daley Zucker Meilton & Miner, LLC on behalf of Bonnie G. Campbell, Bradley R. Campbell (RE: related document(s)i). (Attachments: # 1 Certificate of Debtors # 2 Certificate of Service) (Miner, Steven) (Entered: 01/30/2014) 01/30/2014 56 (2 pgs) Statement of Intentions Filed by Steven P. Miner of Daley Zucker Meilton & Miner, LLC on behalf of Bonnie G. Campbell, Bradley R. Campbell. (Miner, Steven) (Entered: 01/30/2014) 01/31/2014 57 (2 pgs; 2 docs) Order Granting Motion to Convert Case to Chapter 7 (RE: related document(s)54). (Burnett, Thomas) (Entered: 01/31/2014) 58 (2 pgs; 2 docs) Notice of insufficient information available to make determination concerning the presumption of abuse. Request submitted to BNC for mailing (RE: related https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?867567465242775-L_ 1_0-1 5/15/2014 USBC PAM - LIVE - VERSION 5.1 Page 10 of 12 01/31/2014 document(s)1, 57). (Burnett, Thomas) (Entered: 01/31/2014) 01/31/2014 59 (8 pgs) Chapter 7 Statement of Current Monthly Income and Means Test Calculation - Form 22A . Filed by Steven P. Miner of Daley Zucker Meilton & Miner, LLC on behalf of Bonnie G. Campbell, Bradley R. Campbell (RE: related document(s)1, 57). (Miner, Steven) (Entered: 01/31/2014) 02/02/2014 60 (2 pgs) BNC Certificate of Mailing (RE: related document (s)J. Notice Date 02/02/2014. (Admin.) (Entered: 02/03/2014) 02/02/2014 61 (2 pgs) BNC Certificate of Mailing regarding Form B22A (RE: related document(s)58). Notice Date 02/02/2014. (Admin.) (Entered: 02/03/2014) 02/04/2014 62 Chapter 7 Trustee Leon P. Haller (Trustee) added to case. . (There is no image or paper document associated with this entry.) Filed by United States Trustee. (united states trustee(wp)) (Entered: 02/04/2014) 02/05/2014 63 (3 pgs; 2 docs) Notice of Meeting of Creditors. Request submitted to BNC for mailing (RE: related documents) fl. 341 (a) meeting to be held 03/10/2014 at 09:00 AM at Federal Bldg, Trustee Hearing Rm, Rm 1160, 1 lth Fl, 228 Walnut St, Harrisburg, PA 17101. Last day to oppose discharge or dischargeability is 5/9/2014. Financial Management Certification due by 5/9/2014. (Burnett, Thomas) (Entered: 02/05/2014) 02/07/2014 64 (4 pgs) BNC Certificate of Mailing of 341 Meeting Notice (Chapter 7) (RE: related document(s)63). Notice Date 02/07/2014. (Admin.) (Entered: 02/08/2014) 02/1.8/2014 65 (4 pgs) Final Report Filed by Trustee. (DeHart, III (Trustee), Charles) (Entered: 02/18/2014) 66 Chapter 7 Trustee's Report of No Distribution: having been appointed trustee of the estate of the above-named debtor(s), report that I have neither received any property nor paid any money on account of this estate; that I have made a diligent inquiry into the financial affairs of the debtor(s) and the location of the property belonging to the estate; and that there is no property available for https://ecf.parnb.uscourts.gov/cgi-bin/DktRpt.pl?867567465242775-L_1 _0-1 5/15/2014 USBC PAM - LIVE - VERSION 5.1. Page 11 of 12 03/10/2014 distribution from the estate over and above that exempted by law. Pursuant to Fed R Bank P 5009, I hereby certify that the estate of the above-named debtor(s) has been fully administered. I request that I be discharged from any further duties as trustee. Meeting of Creditors Held. Debtor appeared. Joint debtor appeared. Key information about this case as reported in schedules filed by the debtor(s) or otherwise found in the case record: This case was pending for 1 months. Assets Abandoned (without deducting any secured claims): $ 87134.00, Assets Exempt: $ 9625.00, Claims Scheduled: $ 115487.12, Claims Asserted: Not Applicable, Claims scheduled to be discharged without payment (without deducting the value of collateral or debts excepted from discharge): $ 115487.12. (Haller (Trustee), Leon) (Entered: 03/10/2014) 67 (4 pgs; 2 docs) 04/23/2014 Certificate of Financial Management Course for Debtor and Joint Debtor Filed by Steven P. Miner of Daley Zucker Meilton & Miner, LLC on behalf of Bonnie G. Campbell, Bradley R. Campbell. (Attachments: # 1 Certificates of Debtor Education) (Miner, Steven) (Entered: 04/23/2014) 05/14/2014 68 (3 pgs; 2 docs) Discharge of Debtor(s). Request submitted to BNC for mailing (Admin.) (Entered: 05/14/2014) 05/14/2014 69 (2 pgs; 2 docs) Final Decree. Request submitted to BNC for mailing (Admin.) (Entered: 05/14/2014) PACER Service Center Transaction Receipt 05/15/2014 14:22:29 PACER Login: Ph4083 Client Code: Description: Docket Report Search Criteria: 1:11-bk-08107-MDF Fil or Ent: filed Doc From: 0 Doc To: 99999999 Term: included Format: html Page counts for documents: included Billable Pages: 7 Cost: 0.70 https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?867567465242775-L_1_0-1 5/15/2014 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 AURORA LOAN SERVICES, LLC. Plaintiff vs. BRADLEY R. CAMPBELL BONNIE G. CAMPBELL ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11 -3867 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify true and correct copies of Plaintiff's Motion to Vacate Order, attached documents, brief in support thereof, and proposed Order were sent to the following individual(s) on the date indicated below: BRADLEY R. CAMPBELL BONNIE G. CAMPBELL 302 SOUTH ENOLA DRIVE ENOLA, PA 17025-2809 DATE: "7 I1 / l) 1-d BY : 1 l Ph-. Hallina Just / . Kobeski, Esq., Id. No.200392 Atto ey for Plaintiff 760526 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, LLC. Plaintiff vs. BRADLEY R. CAMPBELL BONNIE G. CAMPBELL Defendants ORDER AND NOW, this 11" day of 141 Court of Common Pleas Civil Division CUMBERLAND County No.: 11 -3867 -CIVIL , 2011, upon consideration of Plaintiff's Motion to Vacate Court Order, Brief in support thereof, and any opposition thereto, it is hereby ORDERED and DECREED that the Reassessment Order entered December 5, 2011 is hereby VACATED. BY THE COURT: 760526 ti Hallinan & Schrnieg, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 1RADLEY R. CAMPBELL BONNIE G. CAMPBELL 302 SOUTH ENOLA DRIVE ENOLA, PA 17025-2809 760526 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Aurora Loan Services, LLC. Plaintiff V. Bradley R. Campbell Bonnie G. Campbell Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/02/2011 to Date of Sale ($14.17 per diem) TOTAL Note: Please attach description of property. PH # 760526 : COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11 -3867 -CIVIL : CUMBERLAND COUNTY $86,201.83 $18,151.77 $104,353.60 31" P n Hallinan, LLP h E. DeBarberie, Esq., Id. No.315421 A -ney for Plaintiff I #d,O.s°-bid . Lc, et* Pitigigy P-43101°0 "3--sxfP-J LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel or tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, situate on the easterly side of South Enola Drive, described in accordance witha survey dated June 15, 1988, being drawing No. CC -23, prepared by William A. Burch and Associates, a copy of which is attached hereto, which premises are bounded and described as follows, to wit: BEGINNING on an iron pin on the easterly right-of-way line of South Enola Drive at line of lands now or formerly of Ross C. and Frances T. Blosser; thence along South Enola Drive North thirty-three degrees Fifty- eight minutes West forty-nine and thirty-three hundredths feet (N. 33 degrees 58 minutes W. 49.33 feet) to a drill hole set at line of lands now or formerly of Willis R. Miller; thence along same North sixty-one degrees seven minutes three seconds East one hundred forty-six and twenty-eight hundredths feet (N. 61 degrees 7 minutes 3 seconds E. 146.28 feet) to an iron pin on the westerly side of a 16 foot wide alley; thence along same South thirty-three degrees fifteen minutes zero seconds East fifty feet (S. 33 degrees 15 minutes 0 seconds E. 50 feet) to an iron pipe at line of land aforesaid; thence along same South sixty-one degrees twenty-four minutes zero seconds West one hundred forty-five and seventy-two hundredths feet (S. 61 degrees 24 minutes 0 seconds W. 145.72) to the iron pin ast the point and place of BEGINNING. CONTAINING 0.16586 acres and having thereonerected one and one-half frame dwelling house which is know and numbered as 302 South Enola Drive, Enola, Pennsylvania 17025. TITLE TO SAID PREMISES IS VESTED IN Bradley R. Campbell and Bonnie G. Campbell, his wife, by Deed from Clyde R. Grimes and Judy R. Grimes, his wife, dated 06/28/2000, recorded 07/13/2000 in Book 225, Page 257. PREMISES BEING: 302 South Enola Drive, Enola, PA 17025-2809 PARCEL NO. 09-15-1291-308. PHELAN HALLINAN, LLP Joseph E. DeBarberie, Esq., Id. No.315421 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 joseph.debarberie@phelanhallinan.com 215-563-7000 Aurora Loan Services, LLC. Plaintiff v. Bradley R. Campbell Bonnie G. Campbell Defendant(s) FiLED-OFF?CL JF THE PROTRONOTAI\ r 2014 AUG 25 AM Iv: Oi CUMBERLAND COUNTY PENNSYLVANIA CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 11 -3867 -CIVIL . Cumberland County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Ph. Hallinan, LLP Jos- i E. DeBarberie, Esq., Id. No.315421 Attorney for Plaintiff Aurora Loan Services, LLC. Plajntiff v. Bradley R. Campbell Bonnie G. Campbell Defendant(s) t- LED -OFFICE THE PRO THO:NO TA 'r' 2O14 AUG 25 Ali 10: 014 'U iBERLNDCOUNT Y PENNS YLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11 -3867 -CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 Aurora Loan Services, LLC., 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 302 South Enola Drive, Enola, PA 17025-2809. 1. Name and address of Owner(s) or reputed Owner(s): Name Bradley R. Campbell Bonnie G. Campbell 2. Name and address of Defendant(s) in the judgment: Name Bradley R. Campbell Bonnie G. Campbell Address (if address cannot be reasonably ascertained, please so indicate) 302 South Enola Drive, Enola, PA 17025-2809 302 South Enola Drive, Enola, PA 17025-2809 Address (if address cannot be reasonably ascertained, please so indicate) 302 South Enola Drive Enola, PA 17025-2809 302 South Enola Drive Enola, PA 17025-2809 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) Wachovia Bank, NA 7105 Corporate Drive Ptx C-35 Plano, TX 75021 Wachovia Bank, N.A C/O Michael T. Mckeever, 701 Market Street, Ste. 5000 Esquire Mellon Independence Center Philadelphia, PA 19106 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) PH # 760526 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 None. Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name 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 Address (if address cannot be reasonably ascertained, please indicate) 302 South Enola Drive Enola, PA 17025-2809 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: 8 PH # 760526 By: Ph n Hallinan, LLP Jo %h E. DeBarberie, Esq., Id. No.315421. Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 r ILED-OF FI'✓' OF THE PRDTHON'QTAt; Aurora Loan Services, LK% AUG 25 Am 10: 05 CUMBERLAND COUNTY PENNSYLVANIA Bradley R. Campbell Bonnie G. Campbell vs. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO.: 11 -3867 -CIVIL : Cumberland County Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Bradley R. Campbell Bonnie G. Campbell 302 South Enola Drive Enola, PA 17025-2809 **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 302 South Enola Drive, Enola, PA 17025-2809 is scheduled to be sold at the Sheriffs Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $86,201.83 obtained by Aurora Loan Services, LLC. (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 Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. It 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. 11 -3867 -CIVIL Aurora Loan Services, LLC. v. Bradley R. Campbell Bonnie G. Campbell owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, CUMBERLAND County, Pennsylvania, being 302 South Enola Drive, Enola, PA 17025-2809 Parcel No. 09-15-1291-308. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $86,201.83 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel or tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, situate on the easterly side of South Enola Drive, described in accordance witha survey dated June 15, 1988, being drawing No. CC -23, prepared by William A. Burch and Associates, a copy of which is attached hereto, which premises are bounded and described as follows, to wit: BEGINNING on an iron pin on the easterly right-of-way line of South Enola Drive at line of lands now or formerly of Ross C. and Frances T. Blosser; thence along South Enola Drive North thirty-three degrees Fifty- eight minutes West forty-nine and thirty-three hundredths feet (N. 33 degrees 58 minutes W. 49.33 feet) to a drill hole set at line of lands now or formerly of Willis R. Miller; thence along same North sixty-one degrees seven minutes three seconds East one hundred forty-six and twenty-eight hundredths feet (N. 61 degrees 7 minutes 3 seconds E. 146.28 feet) to an iron pin on the westerly side of a 16 foot wide alley; thence along same South thirty-three degrees fifteen minutes zero seconds East fifty feet (S. 33 degrees 15 minutes 0 seconds E. 50 feet) to an iron pipe at line of land aforesaid; thence along same South sixty-one degrees twenty-four minutes zero seconds West one hundred forty-five and seventy-two hundredths feet (S. 61 degrees 24 minutes 0 seconds W. 145.72) to the iron pin ast the point and place of BEGINNING. CONTAINING 0.16586 acres and having thereonerected one and one-half frame dwelling house which is know and numbered as 302 South Enola Drive, Enola, Pennsylvania 17025. TITLE TO SAID PREMISES IS VESTED IN Bradley R. Campbell and Bonnie G. Campbell, his wife, by Deed from Clyde R. Grimes and Judy R. Grimes, his wife, dated 06/28/2000, recorded 07/13/2000 in Book 225, Page 257. PREMISES BEING: 302 South Enola Drive, Enola, PA 17025-2809 PARCEL NO. 09-15-1291-308. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717)240-6195 www.ccpa.net AURORA LOAN SERVICES, LLC Vs. NO 11-3867 Civil Term CIVIL ACTION — LAW BRADLEY R. CAMPBELL BONNIE G. CAMPBELL WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $86,201.83 L.L.: $.50 Interest FROM 6/02/2011 TO DATE OF SALE ($14.17 PER DIEM) - $18,151.77 Atty's Comm: Atty Paid: $933.50 Plaintiff Paid: Date: 8/25/14 (Seal) REQUESTING PARTY: Name: JOSEPH E. DEBARBERIE, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 315421 Due Prothy: $2.25 Other Costs: a,tAt.L1 David D. Buell, Prothonotary c7gcvgez,r— Deputy PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 AURORA LOAN SERVICES, LLC. 7 'L'LIC`,:- 20 Ft 2:42 i1i.. S-. '.JJ CO i.d:L t r:i•E.„',.,� CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS v. CIVIL DIVISION BRADLEY R. CAMPBELL NO. 11 -3867 -CIVIL BONNIE G. CAMPBELL Defendants MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above -captioned Defendants, BRADLEY R. CAMPBELL and BONNIE G. CAMPBELL, by certified mail and regular mail at 302 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2809 and posting 302 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2809 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriff's Sale of the mortgaged property involved herein has been scheduled for December 3, 2014. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendants be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendants, BRADLEY R. CAMPBELL and BONNIE G. CAMPBELL, with the Notice of Sale at the mortgaged premises, 302 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2809, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". The mortgage premises is vacant. 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 5. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendants on October 8, 2014 and requested Defendants' concurrence. Plaintiff did not receive any written response from the Defendants. A true and correct copy of Plaintiffs October 8, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 6. Plaintiff submits that it has made a good faith effort to locate the Defendants, BRADLEY R. CAMPBELL and BONNIE G. CAMPBELL, but has been unable to do so. 7. Plaintiff has reviewed its internal records and has not been contacted by the Defendants as of October 7, 2014 to bring loan current. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendants in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to BRADLEY R. CAMPBELL and BONNIE G. CAMPBELL at 302 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2809 and posting 302 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2809 and by publication. DATE: to 1(71w Phelan Hallinan, LLP By: Jon. •'an Lobb, Esquire Bar ID No: 312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 AURORA LOAN SERVICES, LLC. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS v. CIVIL DIVISION BRADLEY R. CAMPBELL NO. 11 -3867 -CIVIL BONNIE G. CAMPBELL Defendants PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendants Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendants, BRADLEY R. CAMPBELL and BONNIE G. CAMPBELL, are unknown, a reasonable investigation of their last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the return of service, hereto as Exhibit "A", the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendants in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to BRADLEY R. CAMPBELL and BONNIE G. CAMPBELL at 302 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2809 and posting 302 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2809 and by publication pursuant to PA.R.C.P. 3129.2. Phelan Hallinan, LLP DATE: /01C7 By: Jo vian Lobb, Esquire Bar ID No: 312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 AURORA LOAN SERVICES, LLC. Plaintiff v. BRADLEY R. CAMPBELL BONNIE G. CAMPBELL Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 11 -3867 -CIVIL CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail, postage prepaid to the following interested parties on the date indicated below. BRADLEY R. CAMPBELL 302 SOUTH ENOLA DRIVE ENOLA, PA 17025-2809 BONNIE G. CAMPBELL 302 SOUTH ENOLA DRIVE ENOLA, PA 17025-2809 DATE: ID117by Phelan Hallinan, LLP By: Jona an Lobb, Esquire Bar ID No: 312174 Attorney for Plaintiff EXHIBIT "A' AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY AURORA LOAN SERVICES, LLC. DEFENDANT BRADLEY R. CAMPBELL BONNIE G. CAMPBELL SERVE BONNIE G. CAMPBELL AT: 302 SOUTH ENOLA DRIVE ENOLA, PA 17025-2809 PH Ii 760526 SERVICE TEAM/ Ixh COURT NO.: 11 -3867 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE; December 3, 2014 SERVED. Served and made known to BONNIE G. CAMPBELL, Defendant on theday of, ; 20 _, at , o'clock _. M., at in the manner desciibed below: _ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other I, , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: .". y . prONOT' ERVEl7Ontlre ility of 2(iato'clock M., I, iicorupeteni state t tT'3- endant lVO1 t1h4iJ ' Vacant _;Pie. Not Exist. No Answer on at Service Refused Other: I ;enders i1 th+ r statement falsifier on • sties. _Moved _ Does Not Reside (Not Vacant) A "1'ORNEY`FOR MAIfIT Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 8 Pa. C.S. Sec. 4904 relating to unsworn AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY AURORA LOAN SERVICES, LLC. DEFENDANT BRADLEY R. CAMPBELL BONNIE G. CAMPBELL SERVE BRADLEY R. CAMPBELL AT: 302 SOUTH ENOLA DRIVE ENOLA, PA 17025-2809 P13 # 760526 SERVICE TEAM/ lxh COURT NO.: 11 -3867 -CIVIL TYPE OF ACTION XX Notice of Sherifi"s Sale SALE DATE: December 3, 2014 SERVED Served and made known to BRADLEY R. CAMPBELL, Defendant on the _ day of , 20 _, at o'clock _. M., at in the manner described below: Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship, Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company, Other. Description: Age Height Weight Race Sex Other I ,, a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of: Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: NOT SERVED On thee" da of 5 i3 2014, at 3'000'clockp_. M., I, Rpnaid Moll , a competent adult hereby state thaa 13 TendvPant NOT .FOUND because: V Vacant _Does Not Exist Moved "'" ' _ Does Not Reside (Not Vacant) _ No Answer on Service Refused Other: I unde falsificatign'tti authorities. at rid that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn BY: PRINTED NAME: Lv' Ronald Moll. „_ ATTORNEY FOR PLAINTIFF Phelan Hallinan, UP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 EXHIBIT "B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 760526 Attorney Firm: Phelan Hallinan, LLP Subject: Bradley R. Campbell & Bonnie G. Campbell Current Address: 302 South Enola Drive, Enola, PA 17025 Property Address: 302 South Enola Drive, Enola, PA 17025 Mailing Address: 302 South Enola Drive, Enola, PA 17025 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Bradley R. Campbell - xxx-xx-7115 Bonnie G. Campbell - xxx-xx-4768 B. EMPLOYMENT SEARCH Bradley R. Campbell & Bonnie G. Campbell - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Bradley R. Campbell & Bonnie G. Campbell reside(s) at: 302 South Enola Drive, Enola, PA 17025. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which had no listing for Bradley R. Campbell & Bonnie G. Campbell. B. On 09-16-14 our office made a telephone call to a possible phone number of the . subject(s) (717) 421-9384 and received the following information: spoke with Bonnie G. Campbell who confirmed that she & Bradley R. Campbell reside(s) at; 302 South Enola Drive, Enola, PA 17025. III. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 09-16-14 we reviewed the National Address database and found the following information: Bradley R. Campbell & Bonnie G. Campbell - 302 South Enola Drive, Enola, PA 17025. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. IV. OTHER INQUIRIES A. DEATH RECORDS ._._As of-09-16-14.Vital.Records and all..public.databases have.noedeath.record.on.file for . Bradley R. Campbell & Bonnie G. Campbell. V. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Bradley R. Campbell - 1972 Bonnie G. Campbell - 1975 B. A.K.A. Bradley Ray Campbell; Bradley A. Campbell Bonnie Gene Campbell; Bonnie G. Johnston; Bonnie R. Campbell * Our accessible databases have been checked and cross-referenced for the above named individual(s). Please be advised ouldatabase information indicatesthe fiubtect residesat the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. The above information is obtained from available public records and we are only liable for the cost of the affidavit. EXHIBIT "C" SUSAN P. Moran, Legal Service Department October 8, 2014 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail susan.moran@phelanhallinan.com Assistant, Ext. 1253 Representing Lenders in Pennsylvania BONNIE G. CAMPBELL 302 SOUTH ENOLA DRIVE ENOLA, PA 17025-2809 RE: AURORA LOAN SERVICES, LLC. v. BRADLEY R. CAMPBELL and BONNIE G. CAMPBELL Premises Address: 302 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2809 CUMBERLAND County, No. 11 -3867 -CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by October 15, 2014. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, SUSAN P. Moran, Legal Assistant for Phelan Hallinan, LLP P14 4( 76(W)' SUSAN P. Moran, Legal Service Department October 8, 2014 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail susan.moran@phelanhallinan.com Assistant, Ext. 1253 Representing Lenders in Pennsylvania BRADLEY R. CAMPBELL 302 SOUTH ENOLA DRIVE ENOLA, PA 17025-2809 RE: AURORA LOAN SERVICES, LLC. v. BRADLEY R. CAMPBELL and BONNIE G. CAMPBELL Premises Address: 302 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2809 CUMBERLAND County, No. 11 -3867 -CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by October 15, 2014. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, SUSAN P. Moran, Legal Assistant for Phelan Hallinan, LLP PH # 760526 Name and k Phelan Hallinan, LLP Address 111111 1617 1FK Boulevard, Suite 1400 . 0 Of Sender rOne Penn Center Plaza Philadelphia, PA 19103 SPL/Hr*: Line Article Number Name of Addressee, Street, and Post Office Address Pos :-• ' . i 1 **** .• 0 . 6 - ' • o c Bonnie G. Campbell 302 SOUTH ENOLA DRIVE ENOLA, PA 17025-2809 oc • : ... a., **** Bradley R. Campbell 302 SOUTH ENOLA DRIVE ENOLA, PA 17025-2809 50.47 : 3**** $0.47 RE: BRADLEY R. CAMPBELL (CUMBERLAND) TEAM 4 PH # 760524/1021 Page 1 of 1 SI.41 Total Number of Pieces gated by Sender Total Number of Pieces Received a Post Office Postmaster, Pa (Nana of Receiving EmPlore) The full declension of value is required on all domestic and international misdeed mail. The =rim= indemnity payable far the reconstruction of nonnegotiable documents unda Ewers Mail documart reconcluction imam= is $50,000 pa pi= subject to a limit of 5500,000 pert:a:macaw. The maximum indemnity payable on Exams Man merchandise is 5500. The maximum indemnity payable is $25,01:13 for misused mail, sent with optional insurance. See Domestic WO Manual R900 S913 and 5921 for limited= ofcoverage. Form 3877 Facsimile PH # 760526 *r F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, LLC. CIVIL DIVISION Plaintiff v. BRADLEY R. CAMPBELL BONNIE G. CAMPBELL Defendants AND NOW, this ORDER NO. 11 -3867 -CIVIL c) co cp z ---3 cn .< - r - <a zcp > ry --I U7 d f , 2014, after t‘ day of ©C,� consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendants BRADLEY R. CAMPBELL and BONNIE G. CAMPBELL by: REGULAR MAIL at 302 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2809 Service by mail is complete upon the date of mailing .� CERTIFIED MAIL at 302 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2809 Service by mail is complete upon the date of mailing .� POSTING 302' SOUTH ENOLA DRIVE, ENOLA, PA 17025- PH # 760526 2809 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). HELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 AY' BY THE COURT: 1\1\ J. a Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203-Q3g1 ^ _' 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza` �� `E k `_- a_ Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 f 4,j y?; f ATTORNEY FOR PLAINTIFF AURORA LOAN SERVICES, LLC. Plaintiff v. BRADLEY R. CAMPBELL BONNIE G. CAMPBELL Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, 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 25, Court of Common Pleas Civil Division CUMBERLAND County No.: 11 -3867 -CIVIL 2011. 2. Judgment was entered on June 2, 2011 in the amount of $86,201.83. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated December 5, 2011, amending the judgment amount to $93,564.51. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit "B". 4. 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 760526 1 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. 5. A Sheriffs Sale of the mortgaged property at 302 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2809 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant, BRADLEY R. CAMPBELL and BONNIE G. CAMPBELL, filed a Chapter 07 Bankruptcy at Docket Number 1:11-08107 on December 5, 2011. The Bankruptcy stay ended when the Bankruptcy Court entered an Order dated May 14, 2014 discharging the defendants of personal liability. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". 6. The Property is listed for Sheriffs Sale on December 3, 2014. 7. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 3, 2014 Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Escrow Deficit $78,024.31 $13,199.06 $2,125.00 $1,576.37 $1,500.00 $435.00 $5,739.29 TOTAL $102,599.03 8. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 9. 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 Defendants. 760526 2 10. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 11. 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 October 23, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 12. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge M.L. Ebert Jr. entered an order granting Plaintiffs Motion to Vacate Order dated July 22, 2014. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: / 072- 7//,c Phelan Hallinan, LLP By: <),c Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 3 760526 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 AURORA LOAN SERVICES, LLC. Plaintiff v. BRADLEY R. CAMPBELL BONNIE G. CAMPBELL Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11 -3867 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE BRADLEY R. CAMPBELL and BONNIE G. CAMPBELL 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 302 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2809. 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, Defendants 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. 760526 1 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 Defendants 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. Nationsbanc 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. Ciongoli, 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 760526 2 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 Defendants 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 Defendants' 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 are 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 760526 3 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 Defendants 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. 760526 4 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 Center, 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). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 760526 5 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 Sheriff's sale date, as their interests will be divested by the Sheriff's 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. 760526 6 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. Since the terms of the mortgage provide that such expenses by the mortgage company become 760526 7 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: /0 /Z. 7//" Phelan Hallinan, LLP By: e° '1'".- Adam _ Adam H. Davis, Esquire Attorney for Plaintiff 8 760526 ( Exhibit "A" Phelan Hallinan & Schmieg, LLP By: 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 C- hrisovalar to 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id: No 308951 Melissa J. Scheiner, Esq:, Id 4.§1069, 1617 JFK Boulevard, Suite 1400 AUR 4 One Penn Center' Plaza •PCFA., Philadelphia,. PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. vs. BRADLEY R.:CAMPBELL BONNIE G. CAMPBELL Attorney for Plaintiff 1 • • CUIVIBERLAND COUNTY COURT OF :COMMON PLEAS • d' CINIL DIVISION. • No. "11=386nIVIL•' 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 BRADLEY R. CAMPBELL, and BONNIE G. CAMPBELL, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 daysfrom service thereofand for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: 266693 Exhibit "B" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, LLC. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County BRADLEY R. CAMPBELL BONNIE G. CAMPBELL No.: 11 -3867 -CIVIL Defendants ORDER AND NOW, this 511` day of Te c , 2011, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained niatter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance Interest Through December 7, 2011 Per Diem $15.68 Late Charges Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Mortgage Insurance Premium to be paid prior to December 7, 2011 Suspense/Misc. Credits Escrow Deficit $81,758.83 $7,250.64 2 rt -lc° $163.18zT, ,300.0c $885.00r-2= <a) $160.00T, $155.297: $61.36 ($46.47) $1,876.68 TOTAL $93,564.51 Plus interest from December 7, 2011 through the date of sale at six percent per annum. C ren O'N Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COUkT: •.1to GL, 0 Nit 266693 Exhibit "C" B18 (Official Form 18) (12/07) United States Bankruptcy Court Middle District of Pennsylvania Case No. 1:11—bk-08107—MDF Chapter 7 In re Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, trade, and address): Bradley R. Campbell Bonnie G. Campbell 302 South Enola Drive 302 South Enola Drive Enola, PA 17025 Enola, PA 17025 Social Security / Individual Taxpayer ID No.: xxx—xx-7115 xxx—xx-4768 Employer Tax ID / Other nos.: DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). Dated: 5/14/14 BY THE COURT -7704'a, Mary D. France United States Bankruptcy Judge SEE THE BACK OF THLS ORDER FOR IMPORTANT INFORMATION. Case 1:11-bk-08107-MDF Doc 68 Filed 05/14/14 Entered 05/14/14 01:00:13 Desc Ch 7 Discharge Page 1 of 2 Exhibit "D" PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania October 17, 2014 BRADLEY R. CAMPBELL BONNIE G. CAMPBELL 302 SOUTH ENOLA DRIVE ENOLA, PA 17025-2809 RE: AURORA LOAN SERVICES, LLC. v. BRADLEY R. CAMPBELL and BONNIE G. CAMPBELL Premises Address: 302 SOUTH ENOLA DRIVE ENOLA, PA 17025 CUMBERLAND County CCP, No. 11 -3867 -CIVIL Dear Defendants, 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 10/22/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Enclosure 760526 Name and Address Of Sender InkPhelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadel,hia, PA 19103 Form 3877 Facsimile BRADLEY R. CAMPBELL ..� ; ��t vrttce Atttlre5 BONNIE G. CAMPBELL 302 SOUTH ENOLA DRIVE ENOLA PA 17025-2809 RE: "BRADLEY R. CAMPBELL CUMBERLAND declaration of value is required on all domestic and international registered mail. The uta reconstruction of nonnegotiable documents under Evpress Mail document reconstruction it iece subject to a limit of 5500,000 per occurrence The maximum indemnity payable on Evpress l e maximum indemnity payable is 525,000 for registered mail, sentwith optional insurance, Sc 900 5913 and S921 for limitations of covera.e. 0.48 760526 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 AURORA LOAN SERVICES, LLC. Plaintiff v. BRADLEY R. CAMPBELL BONNIE G. CAMPBELL ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11 -3867 -CIVIL Defendants 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 individuals on the date indicated below. BRADLEY R. CAMPBELL BONNIE G. CAMPBELL 302 SOUTH ENOLA DRIVE ENOLA, PA 17025-2809 DATE: 'o7Z77/ By: Phelan Hallinan, LLP Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 760526 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AURORA LOAN SERVICES, LLC. Plaintiff v. BRADLEY R. CAMPBELL BONNIE G. CAMPBELL Defendants RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 11 -3867 -CIVIL AND NOW, this 3v day of 0 Ct 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 00 nzack /fl,2v1s b Gm') a �U,uN GrvipLEL /a/3///`/ 760526 Adam H. Davis, Esq., Id. No.203034 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 BRADLEY R. CAMPBELL BONNIE G. CAMPBELL 302 SOUTH ENOLA DRIVE ENOLA, PA 17025-2809 760526 760526 PHELAN HALLINAN, LLP ,,; ;. Adam H. Davis, Esq., Id. No.203034`-`1 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 9: 58 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, LLC.. Plaintiff, v. BRADLEY R. CAMPBELL BONNIE G. CAMPBELL Defendant(s) CUMBERLAND COUNTY . COURT OF COMMON PLEAS CIVIL DIVISION No.: 11 -3867 -CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: [/%/t1'6 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PH # 760526 Aurora Loan Services, LLC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. NO.: 11 -3867 -CIVIL Bradley R. Campbell Bonnie G. Campbell Defendant(s) CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Aurora Loan Services, LLC., 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 302 South Enola Drive, Enola, PA 17025-2809. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Bradley R. Campbell 302 South Enola Drive, Enola, PA 17025-2809 Bonnie G. Campbell 302 South Enola Drive, Enola, PA 17025-2809 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Bradley R. Campbell 302 South Enola Drive Enola, PA 17025-2809 Bonnie G. Campbell 302 South Enola Drive Enola, PA 17025-2809 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) Wachovia Bank, N.A 7105 Corporate Drive Ptx C-35 Plano, TX 75021 Wachovia Bank, N.A CIO Michael T. Mckeever, 701 Market Street, Ste. 5000 Esquire Mellon Independence Center Philadelphia, PA 19106 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) PH # 760526 East Pennsboro Township 98 South Enola Drive Enola, PA 17025 East Pennsboro Township C/ojoseph A. Curcillo III, Esq. Curcillo Law LLC 3964 Lexington st Harrisburg, PA 17109-2618 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 None. Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name 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 Address (if address cannot be reasonably ascertained, please indicate) 302 South Enola Drive Enola, PA 17025-2809 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: /67)%i/ PH # 760526 By: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Name and Address Of Sender Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/KAZ - 12/03/2014 SALE Line Article Number Name of Addressee, Street, and Post Office Address East Pennsboro Township 98 South Enola Drive Enola, PA 17025 2 East Pennsboro Township C/ojoseph A. Curcillo 111, Esq. CURCILLO LAW LLC 3964 LEXINGTON ST HARRISBURG, PA 17109-2618 1 -‘, 4* ,.. to . - Postage $0.48 ec 1 n . S0.48 CO j1 r, RE: BRADLEY R. CAMPBELL (CUMBERLAND) PH # 760526/1026 Page 1 of 1 45 Day 50.96 Total Number of Pieces Listed by Sender Form 3877 Facsimile PH # 760526 Taal Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) The full declaration of value is required on all domestic and international registered mail. The t for the reconstruction of nonnegaiable documents under Express Mail document reconstructiat piece subject to • limit of $500,000 per a:cum:rice. The maximum indemnity payable on Expn The maximum indemnity payable is S2S,000 for registered mail. sem with optional irtsurance. R900 S9I3 and S921 for limitations of coverage. Name and Address Of Sender Phelan Hallinan, LLP MOO 1617 JFK Boulevard, Suite 1400 One Penn. Center Plaza Philadelphia, PA 19103 Line Article Number __ Name of Addressee, Street, and Post Office Address __ _ PooT "- % 413 a •e ' `i,. — r %g NI c � ,<a;: jr Vlsvir 1 **** TENANT/OCCUPANTto 302 SOUTH ENOLA DRIVE ENOLA, PA 17025-2809 \c 2 ***I, Wachovia Bank,N.A 7105 CORPORATE DRIVE PTX C-35 PLANO, TX 75021 \�''"'l 3 **** Wachovia Bank, N.A C/O Michael T. Mckeever, Esquire 701 MARKET STREET, STE. 5000 MELLON INDEPENDENCE CENTER. PHILADELPHIA, PA 19106 $0.47v�r1•I; 4 **** Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 $0.47 5 **** Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 $0.47 6 **** Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 50.47 7 **** U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 22$ Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 $0.47 RE: BRADLEY R. CAMPBELL (CUMBERLAND) PH # 760526/1021 Page 1 of 1 Writ $3.29 Total Number of Picee.s Listed by Sender Total Number of Pieces Received at Pon Office Postmaster, Per (Name of Recessing Employee) The full declaration of value is required on all domestic and international registered mail. The maxinmm indemnity payable for the reconstruction of nonncgotiabk documents under Express Mail document reconstruction insurance Is $30.0tul per piece subject to a limo of SSO0,000 per occurrence. The maximum indemnity payable no Express Mail merchandise is Mat, The maximum indemnity payabk Is $23.000 for registered mail, sent with optional insurance. See Domestic Mail Manual R900 5913 and 5421 for Iirnitations of coverage. rorm iii/7 racsimlle _ . r" HUNO TAIC( 4L'k CUEy , UUT z L VA NI A PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff AURORA LOAN SERVICES, LLC. Plaintiff : CIVIL DIVISION v. : No.: 11 -3867 -CIVIL BRADLEY R. CAMPBELL BONNIE G. CAMPBELL Defendant(s) NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 12/03/2014 at 10:00 AM in the above -captioned matter has been continued until 03/04/2015 at 10:00 AM. Date: /7/K r PH # 760526 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff AURORA LOAN SERVICES, LLC. Plaintiff : CIVIL DIVISION v. : No.: 11 -3867 -CIVIL BRADLEY R. CAMPBELL BONNIE G. CAMPBELL Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: BRADLEY R. CAMPBELL 213 N LINCOLN AVE JERSEY SHORE, PA 17740-1315 BONNIE G. CAMPBELL 302 SOUTH ENOLA DRIVE ENOLA, PA 17025-2809 Date: PH # 760526 t /7\5/71( BRADLEY R. CAMPBELL 302 SOUTH ENOLA DRIVE ENOLA, PA 17025-2809 BONNIE G. CAMPBELL 213 N LINCOLN AVE JERSEY SHORE, PA 17740-1315 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PLAINTIFF AURORA LOAN SERVICES, LLC. DEFENDANT BRADLEY R. CAMPBELL BONNIE G. CAMPBELL SERVE BRADLEY 1L CAMPBELL AT: 213 N LINCOLN AVE JERSEY SHORE, PA 17740-1315 L. '1��! �} iI AFFIDAVIT OF SERVICE }fi7_ CUMBERLAND COUNTY PH # 760526 n. 2 t DEC 30 A"- SERVICE TEAM/ lithU!t JMN} COURT NO.: 11 -3867 -CIVIL pN s y j�:./ 1.PCOiJ H! A TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: March 4, 2015 SERVED S rued and made known to BRADLEY R. CAMPBELL, Defendant on the eS qday of MVE�V1g4� 2014 , at aS, o clock p. M., at 213 N. (a NCut.N gt/e N 0-_ , in the manner described below: V Defendant personally served. d4A5 e 5 Oak, P4, Adult family member with whom Defendant(s) reside(s). Relationship is _ _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other. Description: Age 40 Height S'i '. Weight 25V Race W Sex l('l Other I, Ronald Moll . a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 1 (49-4 (¢ NAME: PRINTED NAME: Ronald Moll TITLE: Process Server NOT SERVED On the dayof 20 at o'clock . M., I, , a competent adult hereby . state. that Defendant IJND because_ _ Vacant_,_„ Does Not Exist Moved _ Does Not Reside (Not Vacant)_ __ No Answer on at . at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: PLAINTIFF AURORA LOAN SERVICES, LLC. DEFENDANT BRADLEY R. CAMPBELL BONNIE G. CAMPBELL SERVE BONNIE G. CAMPBELL AT: 213 N LINCOLN AVE JERSEY SHORE, PA 17740-1315 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PH # 760526 SERVICE TEAM/ Ixh COURT NO.: 11 -3867 -CIVIL SERVED TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: March 4, 2015 Served and made known to BONNIE G. CAMPBELL, Defendant on the pZS day of t 1b,l M4 20 14, at g: oc o'clock . M., at �3 /f_ LrNco1- 14 /-►tr EN in the manner described below: _ Defendant personally served. Tea -sky 5-4h124. 1 PA-, Adult family mem with whom Defendant(s) reside(s). Relationship is i? 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. PRO HQ Ej ;;';, : M1, DEC 30 M1 59 CUMBERLAND COUNTY PENNSYLVANIA Other: Description: Age 4O Height 5 'T" Weight 256 Race Sex M Other I, Ronald Mo11 , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 1 r i 7 NAME: PRINTED NAME: Ronald Molt • TITLE: Process Server NOT SERVED On the day of_,20 , at o'clock _. M., I, . a competent adult hereby state that Defendant NOTFOUND ecause: Vacant_ Does Not Exist — Moved _ Does Not Reside (Not Vacant) No Answer on at al Service Refused Other. I understand that this statement is made subjcct to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: