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HomeMy WebLinkAbout11-7679PHELAN HALLINAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 269052 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. OWEN J. BOWERMASTER TRACEY L. BOWERMASTER 207 SOUTHSIDE DRIVE A/K/A, 207 SOUTH SIDE DRIVE NEWVILLE, PA 17241-8910 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM 1 NO. //- ;7 7q Cl U? L ?c r? CUMBERLAND COUNTY mm CD M--_ File #: 269052 -O 4M. 0 0 'ed At X6s ,6S1 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 269052 Plaintiff is BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: OWEN J. BOWERMASTER TRACEY L. BOWERMASTER 207 SOUTHSIDE DRIVE A/K/A, 207 SOUTH SIDE DRIVE NEWVILLE, PA 17241-8910 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 01/21/2004 OWEN J. BOWERMASTER and TRACEY L. BOWERMASTER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR QUICKEN LOANS INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1853, Page 3059. By assignment of mortgage recorded 08/12/2011 the mortgage was assigned to PLAINTIFF in which assignment is recorded in Instrument # 201122366. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/0 1 /2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified File #: 269052 by written notice sent to Mortgagor, the entire principal balance and all interest due 6 thereon are collectible forthwith. The following amounts are due on the mortgage as of 08/15/2011: Principal Balance $109,887.39 Interest $4,938.94 12/01/2010 through 08/15/2011 Late Charges $1,709.32 Property Inspections $135.00 Escrow Deficit . 123-70 TOTAL $116,794.35 7 8 Plaintiff is nat seeking a judgment of personal liability (or an in near onam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 269052 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $116,794.35, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: Robert W. Cusick, Esquire Attorney for Plaintiff File #: 269052 LEGAL DESCRIPTION All that certain tract of land, with improvements thereon located, situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: Beginning at a spike in the center of Township Road 349, on the dividing line between Lots 9 and 10 on the hereinafter mentioned plan of lots; thence extending from said point of beginning and along the center of said road, South 85 degrees 50 minutes West 100.00 feet to a spike; thence South 00 degrees 10 minutes East 200.00 feet to an iron pin; thence North 85 degrees 50 minutes West 100.00 feet to an iron pin, on the dividing line between Lots 9 and 10, aforesaid; thence by the said dividing line of Lots 9 and 10 on said plan of lots, North 00 degrees 10 minutes West 200.00 feet to the place of beginning. Being Lot No. 10 on the Plan of Lots of Thomas E. Meals, recorded in Plan Book 27, Page 74 PROPERTY ADDRESS: 207 SOUTHSIDE DRIVE A/K/A, 207 SOUTH SIDE DRIVE, NEWVILLE, PA 17241-8910 PARCEL # 31-13-0112-044L File #: 269052 VERIFICATION ;4&-%6eW UD9 , hereby states that he/she is A-?&%sianVV;Le Pres%c6 ??t of, BANK OF AMERICA, N.A., Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made, in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: SC% er bQ(- to .X011 File #: 269052 Name: BOWERMASTER Name: Ma M-4.ew Wll? Title: ASS?5tan"tvi ve ?res?[ten-t- BANK OF AMERICA, N.A. File #: 269052 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriffti??M of?t??bcr?? Jody S Smith Chief Deputy Richard W Stewart Solicitor :FRi E ;;r 'HE `"ERiFF - R.j F lI 1 0CT)j 18 P (1 f' UMCiEi\i.-AY D ?Jt l I . PEN SVLti/A HH?"a Bank of America, NA Case Number vs. 2011-7679 Owen Justin Bowermaster (et al.) SHERIFF'S RETURN OF SERVICE 10/11/2011 01:56 PM - William Cline, Corporal, who being duly sworn according to law, states that on October 11, 2011 at 1356 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Owen Justin Bowermaster, by making known unto himself personally, at 207 South Side Drive, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing tc him personally the said true and correct copy of the same. WILLIAM CLI E, DEPUTY 10/11/2011 01:56 PM - William Cline, Corporal, who being duly sworn according to law, states that on October 11, 2011 at 1356 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Tracey L. Bowermaster, by making known unto Owen Bowermaster, Husband of Defendant at 207 South Side Drive, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $56.00 October 13, 2011 2?- vKUKM CLINE, DEPUTY SO ANSWERS, - 6z RON R ANDERSON, SHERIFF (c Count,Suite Sheril 7eleasoft . Inc. Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff VS. OWEN J. BOWERMASTER TRACEY L. BOWERMASTER Defendants t 1 iil)r?lt1 If t`t t ? - 8 (Q: ? ?f LAFdD COUNT e ct'NSYL VANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : No. 11-7679 CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE Q??} s10 °D it <<?$ in e It a0osV . -t r TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. By: PHELAN HALLP47VG &,<HMIEG, LLP Lawrence , Esq., Id. No. 2227 ? Francis S. Hallinan, Esq., Id. No. 2695 ? Daniel G. Schmieg, Esq., Id. X. 62205 ? Michele M. Bradford, Es ., d. 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 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Qaldman, Esq., Id. No. 205047 ? enay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Cantwell, Esq., Id. No. 308912 ? Mario J. Hanyon, Esq., Id. No. 203993 ? Andrew Marley, Esq., Id. No. 312314 ? Robert W. Cusick, Esq., Id. No. 80193 Attorneys for Plaintiff Date: November 7, 2011 /mig, Svc Dept. File# 269052 j, I LvI% i ri' I' 7+? ''01'a ri Aftomey for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP- Matthew Brushwood, Esq., Id. No.310592 AV II: i , 1617 JFK Boulevard, Suite 1400 :a f One Penn Center Plaza !!1 }-i7"I A?iu COUNTY Philadelphia, PA 19103 f? :!`4'3 'L LAMA 215-563-7000 BANK OF AMERICA, N.A. CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP VS. OWEN J. BOWERMASTER TRACEY L. BOWERMASTER : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-7679-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against OWEN J. BOWERMASTER, and TRACEY L. BOWERMASTER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $116,794.35 $116,794.35 I hereby certify that (1) the Defendants' last known addresses are 207 SOUTHSIDE DRIVE A/K/A, 207 SOUTH SIDE DRIVE, NEWVILLE, PA 17241-8910 and 49 COUNTRY VIEW EST, NEWVILLE, PA 17241-8749, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date' att e Arushwood, Esquire Q? g 1 S6 pd Attorney for Plaintiff I 0,?-tk II I $ DAMAGES ARE HEREBY ASSESSED AS INDICATED. d L s y hDATE: PHS # 269052 "WO ??IW PROTHONOTARY 269052 PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. OWEN J. BOWERMASTER TRACEY L. BOWERMASTER : CIVIL DIVISION : No. 11-7679-CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant OWEN J. BOWERMASTER is over 18 years of age and resides at 207 SOUTHSIDE DRIVE A/K/A, 207 SOUTH SIDE DRIVE, NEWVILLE, PA 17241-8910. (c) that defendant TRACEY L. BOWERMASTER is over 18 years of age and resides at 207 SOUTHSIDE DRIVE A/K/A, 207 SOUTH SIDE DRIVE, NEWVILLE, PA 17241-8910 and 49 COUNTRY VIEW EST, NEWVILLE, PA 17241-8749. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date ?,iqv A341--__ M tt rushwood, Esquire Attorney for Plaintiff 269052 (Rule of Civil Procedure No. 236) - Revised BANK OF AMERICA, N.A. SUCCESSOR CUMBERLAND COUNTY BY MERGER TO BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS VS. OWEN J. BOWERMASTER TRACEY L. BOWERMASTER CIVIL DIVISION No. 11-7679-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on 3 q r. sk-N, room S` By: ; If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Matthew Brushwood, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff V. OWEN J. BOWERMASTER TRACEY L. BOWERMASTER Defendant(s) TO: TRACEY L. BOWERMASTER 49 COUNTRY VIEW EST NEWVILLE, PA 17241-8749 DATE OF NOTICE: COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-7679-CIVIL TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECTTHE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRTIING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AV -NUL-'- PA 17013 17) 249-3166 A{torney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 269052 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff V. OWEN J. BOWERMASTER TRACEY L. BOWERMASTER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-7679-CIVIL TERM CUMBERLAND COUNTY TO: TRACEY L. BOWERMASTFR 207 SOUTHSIDE DRIVE A/K/A, 207 SOUTH SIDE DRIVE NEWVILLE, PA 17241-8910 DATE OF NOTICE: yt-''?- THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WTIE THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVT_,NU. CAIt.I,1Sk.F _1 -44--`? (?I 249-3166 1ty. ...._.. / .-- Attorney for Plaintiff Phelan Hallinan & Sehmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 269052 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff V. OWEN J. BOWERMASTER TRACEY L. BOWERMASTER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-7679-CIVIL TERM CUMBERLAND COUNTY TO. OWEN J. BOWERMASTER 207 SOUTHSIDE DRIVE A/KJA, 207 SOUTH SIDE DRIVE NEWVILLE, PA 17241-8910 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. EWPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY (717) 240-6195F PA 17013 17) 249-3166 Allison e s' fqu`r? Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 269052 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 11-7679 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff (s) From OWEN J. BOWERMASTER, TRACEY L. BOWERMASTER (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: $116,794.35 L.L.: $.50 Interest FROM 3/31/2012 TO DATE OF SALE ($19.20 PER DIEM) - $3,052.80 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $257.50 Other Costs: Plaintiff Paid: Date: APRIL 19, 2012 David D. Buell, Prothonotary (Seal) P-P. ??? e-? Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, 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. 308877 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME COURT OF COMMON PLEAS LOANS SERVICING, LP Plaintiff CIVIL DIVISION V. OWEN J. BOWERMASTER TRACEY L. BOWERMASTER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/31/2012 to Date of Sale ($19.20 per diem) TOTAL NO.: 11-7679-CIVIL TERM CUMBERLAND COUNTY -KIM ; m y -0 c? $116,794.35 ?? ? ? r - $3,052.80 C) C') c.? tz _.r $119,847.15 Note: Please attach description of property. PHS # 269052 Pp Ian Hallman & Schmieg, LLP Bohn Michael Kolesnik, Esq., Id. No.308877 Attomey for Plaintiff O ag. pp A"4 MF Sa.ov '? R?. no po jD I SD ?. a. a57, S6 -bue C40 ? , S 6 G?- ?? a? X91 RE Lori-t w? o? w? az a oa ?h o? U O? j0 j 1+.1 w U a a t? z U W z? d W O U 0 H x w c7 x w w V U z U Ww Oa z Q f? > a W HQ N ti caa? ? W Q zU O E-? U w 0 w H U a 0 0 d bD 0 F, > x > w c0 H w Q 00 Q W Q? cn C/I >yCa ??j>JQ w-- ??-y GYi C/) N W ai N 3 Al ? Qx? wQx? w? ?3Q¢ oQaQ >¢ ,pa ??,pa ?.,a woQ> c?°¢3 3 3 ? QO°aNa 00 00 O M ° a z ab ? w U ^Y, 0 O cc C: to py i ate: w PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff V. OWEN J. BOWERMASTER TRACEY L. BOWERMASTER Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-7679-CIVIL TERM CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( } the premises is vacant (X) 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 unswom falsification to authorities. By: tn Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 ney for Plaintiff BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff V. OWEN J. BOWERMASTER TRACEY L. BOWERMASTER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-7679-CIVIL TERM CUMBERLAND COUNTY PHS # 269052 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 207 SOUTHSIDE DRIVE A/K/A 207 SOUTH SIDE DRIVE, NEWVILLE, PA 17241-8910. Name and address of Owner(s) or reputed Owner(s): Name OWEN J. BOWERMASTER TRACEY L. BOWERMASTER Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 207 SOUTHSIDE DRIVE A/K/A 207 SOUTH SIDE DRIVE NEWVILLE, PA 17241-8910 49 COUNTRY VIEW ESTATES NEWVILLE, PA 17241-8749 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) GE MONEY BANK GE MONEY BANK C/O AMY F. DOYLE, ESQUIRE GE MONEY BANK C/O AMY F. DOYLE, ESQUIRE FIA CARD SERVICES NA C/O PHILIP C. WARHOLIC, ESQUIRE FIA CARD SERVICES, N.A PO BOX 29112 SHAWNEE MISSION, KS 66201 11 E MARKET ST STE 102 YORK, PA 17401 MANN BRACKEN LLC, THE SUCCESSOR BY MERGER TO WOLPOFF & ABRAMSON, LLP 4660 TRINDLE ROAD, SUITE 300 CAMP HILL, PA 17011 PO BOX 5866 HARRISBURG, PA 17110 655 PAPER MILL ROAD DE5-013-02-02 WILMINGTON, DE 19884 TARGET NATIONAL BANK PO BOX 59317 MINNEAPOLIS, MN 55459 TARGET NATIONAL BANK C/O GREGG L. 213 E MAIN ST MORRIS, ESQUIRE- CARNEGIE, PA 15106 r Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MANUFACTURERS AND TRADERS TRUST ONE M&T PLAZA COMPANY BUFFALO, NY 14240 MANUFACTURERS AND TRADERS TRUST ONE M&T PLAZA COMPANY BUFFALO, NY 14203 FLEET NATIONAL BANK 70 BATTERSON PARK ROAD, 1ST FLOOR FARMINGTON, CT 06032 FLEET NATIONAL BANK CONSUMER LOAN OPERATIONS FLEET NATIONAL BANK C/O INTEGRATED LOAN SERVICES 315 COURT STREET PO BOX 3092 UTICA, NY 13502 27 INWOOD ROAD ROCKY HILL, CT 06067 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. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 207 SOUTHSIDE DRIVE A/K/A 207 SOUTH SIDE DRIVE NEWVILLE, PA 17241-8910 OWEN J. BOWERMASTER 60 W POMFRET ST C/O MARCUS A. MCKNIGHT, III, ESQUIRE CARLISLE, PA 17013 TRACEY L. BOWERMASTER C/O MARYLOU MATAS, ESQUIRE 26 W HIGH ST CARLISLE, PA 17013 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT Of PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities Date: By: n Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO COURT OF COMMON PLEAS BAC HOME LOANS SERVICING, LP VS. OWEN J. BOWERMASTER TRACEY L. BOWERMASTER Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: OWEN J. BOWERMASTER TRACEY L. BOWERMASTER 207 SOUTHSIDE DRIVE A/K/A 207 SOUTH SIDE DRIVE NEWVILLE, PA 17241-8910 TRACEY L. BOWERMASTER 49 COUNTRY VIEW ESTATES NEWVILLE, PA 17241-8749 * *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 207 SOUTHSIDE DRIVE A/K/A, 207 SOUTH SIDE DRIVE, NEWVILLE, PA 17241-8910 is scheduled to be sold at the Sheriff's Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $116,794.35 obtained by BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) : CIVIL DIVISION Plaintiff : : NO.: 11-7679-CIVIL TERM 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 LEGAL DESCRIPTION All that certain tract of land, with improvements thereon located, situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: Beginning at a spike in the center of Township Road 349, on the dividing line between Lots 9 and 10 on the hereinafter mentioned plan of lots; thence extending from said point of beginning and along the center of said road, South 85 degrees 50 minutes West 100.00 feet to a spike; thence South 00 degrees 10 minutes East 200.00 feet to an iron pin; thence North 85 degrees 50 minutes West 100.00 feet to an iron pin, on the dividing line between Lots 9 and 10, aforesaid; thence by the said dividing line of Lots 9 and 10 on said plan of lots, North 00 degrees 10 minutes West 200.00 feet to the place of beginning. BEING Lot No. 10 on the Plan of Lots of Thomas E. Meals, recorded in Plan Book 27, Page 74. TITLE TO SAID PREMISES VESTED IN Owen J. Bowermaster and Tracey L. Bowermaster, h/w, by Deed from Secretary of Housing and Urban Development of Washington, D.C., dated 10/07/1993, recorded 10/07/1993 in Book 0360, Page 715. PREMISES BEING: 207 SOUTHSIDE DRIVE A/K/A 207 SOUTH SIDE DRIVE, NEWVH LE, PA 17241-8910 PARCEL NO.. 31-13-0112-044L SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-7679-CIVIL TERM BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP vs. OWEN J. BOWERMASTER TRACEY L. BOWERMASTER owner(s) of property situate in the TOWNSHIP OF PENN, Cumberland County, Pennsylvania, being (Municipality) 207 SOUTHSIDE DRIVE A/K/A 207 SOUTH SIDE DRIVE NEWVILLE. PA 17241-8910 Parcel No. 31-13-0112-044L (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $116,794.35 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 rk?4 ?'kkw 'P,??`C1?,C,? r_5 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff V. CUMBERLAND County No.: 11-7679-CIVIL TERM OWEN J. BOWERMASTER TRACEY L. BOWERMASTER Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct 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 October 7, 2011. 2. Judgment was entered on March 30, 2012 in the amount of $116,794.35. A and correct copy of the praecipe for judgment is attached hereto, made part hereof, and as Exhibit "A". 2690 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 which can be calculated from the complaint, i.e. bringing the interest current. However, new cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 5, 2012. 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 since the judgment. The amount of damages should now read as follows: Principal Balance $109,887.39 Interest Through September 5, 2012 $12,335.94 Per Diem $19.14 Late Charges $1,666.70 Legal fees $1,300.00 Cost of Suit and Title $877.00 Property Inspections $230.00 Non Sufficient Funds Charge $20.00 Escrow Deficit $3,199.82 TOTAL $129,516.85 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 Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a its proposed Motion to Reassess Damages and Order to the Defendant on July 23, 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the 26 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: 4iMMeesa IJTCaatwell, Esquire ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff V. OWEN J. BOWERMASTER TRACEY L. BOWERMASTER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-7679-CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE OWEN J. BOWERMASTER and TRACEY L. BOWERMASTER 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 207 SOUTHSIDE DRIVE A/K/A, 207 SOUTH SIDE DRIVE, NEWVILLE, PA 17241-8910. 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 promised monthly mortgage payments. Accordingly, after it was clear that the default would not 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 action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed outdated and need to be adjusted to include current interest, real estate taxes, insurance premit costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mort€ in order to protect its interests. It is also appropriate to give Defendants credit for mon 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 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 Sheriff s 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 protec 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 269052 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 Reali 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 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 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. Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of princ and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgag 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. 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 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsy Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is ft bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on 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 i to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 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 sal 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 t able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 12 Most importantly, the Mortgage specifically provides that the mortgagee may advance tl monies for taxes and insurance and charge these payments against the escrow account. Plaintiff simply seeking to have the Court enforce the terms of the Mortgage. 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 include in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plainti 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 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 sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129. and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, 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 ;2 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment frc the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs 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 tt 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 ha a vendor visit the premises to determine if any windows need to be boarded up, if the property vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals an, problems at the mortgaged premises, then the mortgage company may proceed to take whatev( 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. 2690: Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has pair 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 tl- 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 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 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: Melissa J. Cantwell, Esquire Attorney for Plaintiff 2 Exhibit "A" ,P PHELAN HALLINAN & SCHMIEG, LLP Matdww Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Peon Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A- SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP VS. OWEN J. BOWERMASTER TRACEY L. BOWERMASTER Attorney for Plaintiff A MR FILE GWY r RETURN C c -nn CUMBERLANI) COUNTY = r Y r COURT OF COMMON FLA ° Q c -te CIVIL DIVISION Za 40 0; ` No.11-7679-CWM TERM ? J FILE PRAECIPE FOR IN REVS JUDGMKNT FOR FAILURE??R?'? L'(? ANSW?L.' MAKAGES 'SSE Ri TO THE PRO'1'1IONQTARY: Kindly MUT jud$MMA in favor of** Plate and apmat QMW J. Answer to Plair?iff's Dat(a) for fan?uae? to file an Crnnplan t wA in 20 days ftm samoa t omof and for fororlosam and sale of the mortgaged pmmsM and ameas Plabdirs damages as follows: As set forth in Complaint TOTAL $116,"79435 $116,794.35 I hereby certify that (1) the DehodanW last known addresses are 207 SOUTHSIDE DRIVE A/K/A, 207 SOUTH SIDE DRIVE, NEWVILLE, PA 17241-8410 and 49 COUNTRY VIEW EST, NEWVILLE, PA 17241-8749, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date -`?' I 0-u low A4 rinhwood, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PM M 26M PROTHONOTARY 269052 Exhibit "B" Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff v. OWEN J. BOWERMASTER TRACEY L. BOWERMASTER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-7679-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated OWEN J. BOWERMASTER TRACEY L. BOWERMASTER 207 SOUTHSIDE DRIVE A/K/A 207 SOUTH SIDE DRIVE NEWVILLE, PA 17241-8910 DATE: TRACEY L. BOWERMASTER 49 COUNTRY VIEW EST NEWVILLE, PA 17241-8749 Phelan Hallinan & Schmieg, LLP By: C---e Melissa J. Cantwel , squire ATTORNEY FOR PLAINTIFF AFFIDAVIT OF SERVICE (FNMA) -A- r " PT PLAINTIFF CUMBERLAND COUNTY f g-f-,V (0 Ike' Lq POT BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP PHS # 269052 DEFENDANT OWEN J. BOWERMASTER TRACEY L. BOWERMASTER SERVICE TEAM/ lxh COURT NO.: 11-7679-CIVIL TERM SERVE OWEN J. BOWERMASTER AT: TYPE OF ACTION 207 SOUTHSIDE DRIVE A/K/A XX Notice of Sheriff's Sale 207 SOUTH SIDE DRIVE SALE DATE: September 5, 2012 NEWVILLE. PA 17241-8910 **DIVORCED- One cannot accept service for the other" a 3 , a SERVED _ C=) ra Served and made known to OWEN J. BOWERMASTER Defendant on the (54day of it NE t ?L= 3 F, o'clock P.M., at 26-r Sbt/1-H5fD6¢ , N6Wt/ 1CC6 in the manner described below: :m - u M Defendant personally served. d3r I ' Adult family member with whom Defendant(s) reside(s). tom"" t C:) Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. c? _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). D G ?? rr' _ Agent or person in charge of Defendant's office or usual place of business. - l e..? an officer of said Defendant's company. -.; 1. Ronald iVi011 a competent adult, hereby verify that I personally handed a true and correct copy of the Other: Description: Age 4D` Height b Weight (o y Race 1AJ SexM Other 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. * e6U,,NV,?D +rrfillpM DATE: d emu(-'I'" (N NAME: vuccf?sFvtL? sAwa_ Ronald Moll PRINTED NAME: TITLE: Process Server _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) NOT SERVED On the day of , 20_, at _ o'clock _. M., Defendant NOT FOUND because: _ 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 relatin-( to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF La\\ rence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano. Esq., Id. No. 58745 Jenine R. Da\ev, Esq., Id. No. 87077 Lauren R. Tabas. Esq., Id. No. 93337 Jay B. Jones. Esq . Id. No. 86657 Andrew L. Spicack. Esq.. Id. No. 84439 Chrisovalante P. Fhakos. Esq.. Id. No. 94620 Courtenay R. Davin. E,q.. Id. No. 206779 Allison F. Wells. E>q.. Id. No. 309519 Melissa J. Canm ell. Esq.. Id. No. 308912 Mario J. Hanyon. Esq.. Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 U AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP PHS # 269052 DEFENDANT SERVICE TEAM/ bdi OWEN J. BOWERMASTER COURT NO.: 11-7679-CIVIL TERM TRACEY L. BOWERMASTER SERVE TRACEY L. BOWERMASTER AT: TYPE OF ACTION "-? r--.3 -r' 49 COUNTRY VIEW EST XX Notice of Sheriffs Sale NEWVILLE, PA 17241-8749 SALE DATE: September 5, 2012 t W yo. x **DIVORCED- One cannot accept service for the other** ern SERVED ' Served and made known to TRACEY L. BOWERMASTER Defendant on the 157-day of M4-Y at ", -r? , -"3 o'clock -?. M., at ¢q Churvtf-,/ Vi Em 1zsTFNErvtuh. N in the manner described below: C") „ Defendant personally served. C) t y _ 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 46 S Height 4-,9, Weight 1.25 Race W Sex P Other a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. 1 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 (?-- NAME: PRINTED NAME: Rona lcl -M; A II TITLE: Process Scr?,? r NOT SERVED On the day of , 20_, at __ o'clock _. M., Defendant NOT FOUND because: Vacant _ Does Not Exist _ Moved __ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF 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 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Hiakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 L ED - 0 ! f i F. rl !. f F i HE FF" 1!-% 0Tli2 ? rra . t AUG -8 All 8* L,3 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA, N.A. SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP Civil Division Plaintiff CUMBERLAND County V. No.: 11-7679-CIVIL TERM OWEN J. BOWERMASTER TRACEY L. BOWERMASTER Defendants RULE AND NOW, this day of 2012, 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 144E COURT J. 269052 Melissa J. Cantwell, Esq., Id. No.308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 OWEN J. BOWERMASTER TRACEY L. BOWERMASTER 207 SOUTHSIDE DRIVE A/K/A 207 SOUTH SIDE DRIVE NEWVILLE, PA 17241-8910 es g4,, V TRACEY L. BOWERMASTER 49 COUNTRY VIEW EST NEWVILLE, PA 17241-8749 269052 269052 ~:-~: ~ ~ ^~ - r,., ~ ' ~ f=•' ~ ~ ~.,.. art ~ ice., ~~ ~ ~~:; Phelan Hallinan & Schmieg LLP ~~' ~,, -~ ~, , Allison F. Wells, Esq., Id. No.309519 , ~" ~„~ ATTORNEY FORS PL~'IF ¥ r, - ~ 1617 JFK Boulevard, Suite 1400 ~ ~'' „~ • • ~' ~ ~ One Penn Center Plaza ', ~,~, , Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff vs. OWEN J. BOWERMASTER TRACEY L. BOWERMASTER Defendants Court of Civil Division Pleas CUMBERLAI°}ID County No.: 11-7679-~IVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 8, 20 ~ 2 Rule directin€ 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. OWEN J. BOWERMASTER TRACEY L. BOWERMASTER 207 SOUTHSIDE DRIVE A/K/A 207 SOUTH SIDE DRIVE NEWVILLE, PA 17241-8910 DATE: TRACEY L. BOWERMAS 49 COUNTRY VIEW EST NEWVILLE, PA 17241-87~ Phelan Allison F. Wells, Esq Attorney for Plaintiff 0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A. SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP Civil Division Plaintiff CUMBERLAND County vs. No.: 11-7679-CIVIL TERM OWEN J. BOWERMASTER TRACEY L. BOWERMASTER -~3 ~ --~ a~ rn~ ~ rn , Defendants ~r -b ~ ~+ ~~ .~- ~~ ~J ORDER ~~ ~,,, a ~ -`~ ~k AND NOW, this ~ day o ~~~a,~2012, upon consideration of Plait~ti~s ~~ , (/ --f - 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 Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $109,887.39 Interest Through September 5, 2012 $12,335.94 Per Diem $19.14 Late Charges $1,666.70 Legal fees $1,300.00 Cost of Suit and Title $877.00 Property Inspections $230.00 Non Sufficient Funds Charge $20.00 Escrow Deficit $3,199.82 TOTAL $129,516.85 Plus interest from September 5, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriff s commission is not included in the above figure. 0~2N s ~O~c'rIv~QS'~/ B HE COURT: J. 269052 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTX a _~~ ;~ ,~ s ~.~; r ,,N ; . ,y r , ~.'t!f II 1.~(„~I~r..~ Y°i lJ r.JL J.Y 1 ~~e~r~sY~~T,~~±,~ Bank of America, NA. Case Number vs. Owen Justin Bowermaster (et al.) 20~ 1-7679 SHERIFF`S RETURN OF SERVICE 06/15!2012 015:15 PM -Deputy Michael Barrick, being duly sworn according to iaw, served the requested Real Estate G'Vrit, 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: Tracey L Bowermaster at 49 COUNTRY VIEW EST, UPPER FRANKFORD TWP, Newville, PA '17241, Cumberland County. 06/22/2012 08:35 PM -Deputy Michael Barrick, 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: Uwen Justin Bowermaster at 207 South Side Drive, Penn Township, Newville, PA 17241, Cumberland County 09/06/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, PA on September 5, 2012 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal National Mortgage Association, being tl~e buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $F319 35 SO ANSWERS, November 05, 2012 RONNY R ANDERSON. SHERIFF a•~5'~~, ~o- '"-~2 ~ ~~'D/ BANK OF AIVIEKICA, N.A. SUCCESSOR BY MERGER .. COURT OF COMMON PLEAS TO BAC HOME: LOANS SERVICING, LP ~~ Plaintiff ~~. CIVIL DIVISION ~ NO.: 11-7679-CIVIL TERM OWEN J. BOWERMASTER TRACEY 1_,. BOWERMASTER CUMBERLAND COUNTY Defendant(s) PISS # 269052 AFFIDAVIT PURSUANT TO RULE 3129.1 13ANIK OF ~~MERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP,. Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the 4Urit of Execution was filed, the following information concerning the real property located at 207 SOUTHSIDE DRNE A/K/A 207 SOUTH SIDE DRIVE, NEWVH~LE, PA 17241-8910. 1. Nam..' and address of Owner(s) or reputed Owner(s): Nam~.~ Address (if address camlot be reasonably ascertained, please so indicate) OWI?N .I. BOWERMAS'TER TR.ACEY L. BOWERMASTER 207 SOUTIISIDE DRIVE A/K/A 207 SOUTH SIDE DRIVE NEWVILLE, PA 17241-8910 49 COUNTRY VIEW ESTATES NEWVILLE, PA 17241-8749 2. Name and address of Defendant(s) in the judgment Namt: 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 oti the real property to be sold: Name Address (if address cannot ire reasonably ascertained, please indicate) GF, MONEY BANK PO BOX 29112 SHAWNEE MISSION, KS 66201 GE 1~IONEY BANK GO :AMY F. DOYLE, ESQUIRE CUE 1VI ON EY BAN K C/O ,1!M~" F. DOYLE, ESQUIRE FIA CARD SERVICES NA C/O PHILIP C. WARHOLIC, ESQUIRE hIA CARll SERVICES, N.A I1 E MARKET SI' STE 102 YORK, PA 17401 MANN BRACKEN LLC, THE SUCCESSOR BY 1VIERGER TO WOLPOFF & ABR.=IMSON, I,L,L' 4660 TRINDLE ROAD, SUITE 300 CAMP HILL, PA 17011 PO BOX 5866 HARRISBURG, PA 17110 655 PAPER MILL ROAM DES-013-02-02 WILMINGTON, DE 19884 f TAR(:E' NATIONAL BA1~K PO BOX 59317 MINNEAPOLIS, VIN 55459 TARGET NATIONAL BANK C/O GREGG L. 213 E MAIN ST MORRIS, ESQUIRE CARNEGIE, PA 15106 4. Name and address of last recorded holder of every mortgage of record: Nala~e Address (if address cannot be reasonably ascertained, please indicate) MAN[1FAC'I'URERS AND TRADERS TRUST ONF, M&'I' PLAZA COMPANl BUFFALO, NY 14240 MANUFAC"TUREKS AND TRADERS TRUST ONE M&T PLAZA COMPANY' BUFFALO, NY 14203 FLED;T NATIONAL BANK 70 BATTERSON PARK ROAD, 1ST FLOOR FARMINGTON, CT 06032 FLEE"T NATIONAL BANK 315 COURT' STREF,T CONSUMER LOAN OPERATIONS PO BOX 3092 UTICA, NY 13502 FLEET NATIONAL BANK 27 INWOOD ROAD C/O INTEGRATED LOAN SERVICES ROCKY HILL, CT 06067 5. Name and address of every other person who has an y 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 an y record interest in the proper~y and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected. by the sale: Nance Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 207 SOUTHSIDE DRIVE A/K/A 207 SOUTH SIDE llRIVE NEWVILL,E, PA 17241-8910 OWI:N J. BOWERMAS'TER 60 W POMFRET ST Cl0 vIARC'US A. MCKNIGHT, III, ESQUIRE CARLISLI?, PA 17013 TRACEY 1,. BOWERMASTER 26 W HIGH ST C/O vIARYLOU MATAS, ESQUIRE CARLISLE, PA 17013 DOV[ESTIC RELATIONS OF 13 NORTH HANOVER STREE"T CUVIBEKI,AND COUNTY CARLISLE, PA 17013 COVIMONWEAI,TI-I OF PENNSYLVANIA P.O. BOX 2675 DEPARTMENT OF WELFARE HARRISBURG, PA 17105 INT'ERNAI REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. llEPAKTMENT OF JUSTICE 228 WALNUT STREET, SUITE 220 U.S. ATTORNEY FOR. THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG, PA 17108-1754 FEDERAL. BUILDING I verify that the statements made in this affidavit are true and correct to the best oI'my personal knowledge or information and belief. I understand that false statements heroin are made subject to the penalties of l 8 Pa. C.S.A. ~ 4904 relating to unsworn falsification to authoritie ~~ Date: ~' ~G /Z-_ B y: P an Hallinan & Schmieg, LLP hn Michael Kolesnik, Esq., Id. No308R7? Attorney for Plaintiff t BANK OF AMERICA, N.A. SUCCESSOR BY MERGER T'O BAC HOME LOANS SERVICING, LP COUR"T OF COMMON PLEAS CIVIL DIVISION vs. OWEN J. BOWI:RMASTER TRACEY L. BOWERMASTER NO.: 11-7679-CIVIL TERM CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: OWEN J. BOWERMASTER TRACEY L. BOWERMASTER TRACEY" L. BOWERMASTER 49 COUNTRY VIEW ESTATES 207 SOUT'HSIDE DRIVE A/K/A 20 ~' SOUTH SIDE DRIVl±: NEWVILLE, PA 17241-8910 Plaintiff Defendant(s) NEWVILLE, PA 17241-8749 * k'T'HIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND .ANY INFORMATION OBTAINED WILL BE USED F'OR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, 'PHIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE; AN ATTEMPT TO COLLECT ~ DF,BT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 207 SOL~THSIDE DRIVE A/K/A, 207 SOUTH SIDE DRIVE, NEWVILLE, PA 17241-8910 is scheduled to be sold at the Sheriff's Sale on 09/05/2012 at 10:00 AlV1 in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $116,794.35 obtained by BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC IIOME LOANS SERVICING, LP (the mortgagee) against ;you. In the event the sale is continued, a1~1 announcement will be made at said sale in compliance with Pa.RC.P. Rule 3129.3. NOTICE OF OWNER'S RIGH'T'S YOU MAY BE A}3LE TO PREVF;NT 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 attot-ney's fees due. To find out how much you must pay, you may call: 215-_563-7000 x1230. ?. 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. Y"ou may also ask the ('ourt to postpone the sale: ibr good cause. 3. YOLt may also he 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 SHFRIFF'S SALE DOES TAKE PLACE. ,~ 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. ~r'ou 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 ial 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 yau. 6. You may Le entitled to a share of the money which was paid for your house. A proposed schedule of distribution of 1:he money Lid 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) area filed with the Sheriff within ten f.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 OU7' 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. 11-7679-CIVIL, TERM BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME H_.O.ANS SERVICING, LP vs OWEN J. BOWERIVIASTER TRACEY L. BOR'ERMASTER owner(s) of property situate in the TOWNSHIP OI+ PENN, l'umb~erland County, Pennsylvania, being (Municipalit.y) 207 SOUTHSIDE DRIVE A/K/A 207 SOUTH SIDE DRIVE NEWVILLE, PA 17241-8910 Parcel No. 31-13-0112-044L (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: X116,794.35 Phelan Hallman & Schmieg, LLP Attorney fbr Plaintif'f' 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215--`63-700(1 r LEGAL DESCRIPTION All that certain tract of land, with improvements thereon located, situate in Penn Towns}up, Cumberland County, Pennsylvania, bounded and described as follows, to wif: Begirming at a spike in the center of Township Road 349, on the dividing line between Lots 9 and 10 on the hereinafter rnentioned plan of lots; thence extending from said point of beginning and along the center of said road, South 85 degrees 50 minutes West 100.00 feet to a spike; thence South 00 degrees I0 minutes East 200.00 feet t:o an iron pin; thence North 85 degrees 50 minutes West 100.00 feet to an iron pin, on the dividing line; between Lots 9 and 10, aforesaid; thence by the said dividing line of Lot:; 9 and I 0 on said plan of Lots, North 00 degrees 10 minutes West 200.00 feet to the place of beginning. BEING Lot No. 10 on the Plan of Lots of Thomas E. Meals, recorded in Plan Book 2.7, Page 74. TITLE T_O SAID PREMISES VESTED IN Owen J. Bowerlnaster and Tracey L. Bowermaster, h/w, by Deed from Secretary of Housing and Urban Development of Washington, D.C., dated 10/07/1991, recorded 10/07/1993 in Book 0360, Page 7l 5. PRF_~~ISES BEING: 207 SOUTHSIDE DRIVE A/K/A 207 SOUTH SIDE DRIVE. NF.WVILLE, PA 17241-8910 PARCEL N0..31-13-0112-044L WRIT OF E,XECUTTON and/or AT'CACHMENT CO~VIMO`~!WEALTH OF PENNSYLVANIA) COUNTY OF' CUMBERLAND) NO. ] I-7679 Civil CIVIL AC1~I0'v L,~W TO "FH:E SHERIFF OF CUMBERLAND COUNTY: To satisf~~ the debt. interest and costs due BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff (s) From OWEN J. BOWERMASTER~, TRACEY L. BOR'ERMASTER (i j 1 ou are directed to levy upon :he property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2 i You ~t-e also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISI-IEE(S) as follows: and to notiry the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying an~~ debt to or for the account of the defendant (s) and from delivering any properh' of the defendant (sj ar otherwise disposing thereof; ;3 j [f property of the defendant(s) not if'vied 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 ~~een added as a garnishee and is enjoined as above stated. .amount Due: $116,794.35 L.L.: 5.50 Interest FROM 3/31/2012 TO DATE OF SALE ($19.20 PER D[EM) - $3,052.80 Anti's C'o~turo: °~~; Due Prothv: $2.25 Att~~ Paid: 5257.50 Other Costs: Plair_tifT Pain: Date: APR1[L 19, 3012 -~~ ~,--- David D. Bue , Prothonota lSe:il) ~~ ~ e ~ Deputy ~/ REQUEST[]vG PARTY: Namc: JOHN MICHAEL KOLESNIK, ESQUIRE :address PH:ELAN HALLINAN & SCHMIEG, LLP I G 17 .IFK BOULEVARD, SUITE 1400 PI-[ILADELPHIA, PA 19103 Attorney for: PLAINTIFF helephone:315-563-7000 Supreme Court ID No. 308877 TREE COPY FROM RECORDand In Testimony' whereof, I here unto set my and the seal of said C at Carlisle, Pa. This °l-day °f ~p ttwnotarY ~--% ~~ /.-l. ~, 2012 the Sher~iffi levied upon the ~efierlc~ar~~. ~_~ .n the real property situated in Fenn owr~sh Cumberland County, 1~.~, knc.~wr~ ar~~ numbered 2. ~~r Southside Drive a/k/a 207 South Side Drive l~lewville, ~' 17241 more fully described can exhibit "~`" filed with this writ and by this reference incorporated herein. Date: April 23, 2012 j~ ? %- Claudia Brewbaker, Beal Estate ~r~ordir~atr~~ CUMBERLAND LAW JOURNAL Writ No. 2011-7679 Civll Term Bank of Americ,3, NA vs. Owen Justin Bowermaster Tracey L. Bowermaster Atty.: Daniel Sclzmieg By virtue of a Writ of Execution NO. 11-7679-CIVIL TERM. BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP vs. OWEN J. BOW- ERMASTER TRACEY L. BOWERMAS- TER owner(s) of property situate in the TOWNSHIP OF PENN, Cumber- land County, Pennsylvania, being 207 SOUTHSIDE DRIVE a/k/a 207 SOUTH SIDE DRIVE NEWVILLE, PA 17241-8910. Parcf'1 No. 31-13- 0112-044L. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $116,794- .35. 28 z PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May ] 6, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Ctunberland 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 weekay in the said County, and that the printed. notice or publication attached. hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 27, August 3, and August 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the, aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~-~.. ',' . ~"~,; ~isa arie oyne, Edit SWORN TO AND SUBSCRIBED before me this 10 da~of August, 2012 .---_ ~'` ~_---- Notary ,.~~'' .~ .._ ._.. . , {. .g_...a..p..,~...,.,,.... D~:EL%it+ri ,A CCL LIDS Notary PoGlic CARt.ISLE tiGROUGH, CUMBERLAND COUNTY h1y Commission Expires Apr 28, 2014~~~ The Patl`iot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 7'17-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~hepatriot-Netus Now you know THE PATRIOT NEWS THE SUNDAY PAT~tIOT 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 ~>eptember 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION DOPY This ad ran on the dates} shown below: 07127112 2o~t-7679 CIvllTerm 08/03/12 Bank of America, NA __ \w Vs ~ r 08/10/12 Omen Justin Bowermaster ° ~_. ~. 7Facey L. Bowarmaster ~~' ~' ~ Atty: Daniel Schmleg '-' ~ ~~-~:,,,. ~...'.. ~~--~ ., ;. r.. ... - By virtue of a Writ of Execution NO. 11-7679-CIVIL TERM -" - ,... BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TOBAC Sworn to a~1d'' bscribed befor~ me izhi 17,da~r.q,~Augu t, 2012 A.D. HOME LOANS SERVICING LP ~' ~ % ~ ._ _ ~~ ~ " OWEN J. BOWERMASTER TRACEY L. `~~._„__- ` ~,~ ~1 ,, iF ~~ i '~~ ~ f .. ~,, ," , BowERMASTER Notary Public owner(s) of property situate in the TOWNSHIP OF PENN, Cumberland County, Pennsylvania, being (M~P~ty) C0~9~101~4VFs.l:~°IJ J" PENNSYL'JANI,~ 207 SOUTHSIDE DRIVE A/K/A 207 .-_____._.__ -.-.._ SOUTH SIDE DRIVE NEWVILI.E, PA ~ ~1 ?ta-i 3 Seal 17241-8910 = ~ its; t ra ~ „~st: , `VC,tary ?ubi~c Parcel No. 31-13-0112-044L ' ~ ~ ,",:,; ~',+ ' r~ IwF au ntn rows±y I s ~ xrnn i a,, ~x~irr tdvv. 75 2G15 _ (Atam~ge at strrst address) - - --- _ _.. ImQIOV'CmOntSt~T6nfl: RES~~..rAI. ^",33h r..: ?Jfdi Y.~~AWI,: A; ~~J~IA,i?vh Ci h .'`,q~trr. lU~r,~I'p Al1~UATT`. $116,794.35 COMMO'~TWI:AI_,TH OF PENNSYLVANIA COtTN'1'`-' OF CUMBERLAND } ;SS: L Kobert P. Zi_ ewer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed i.n which Federal National Mort ag~~e Association is the grantee the same having been sold to said grantee on the 5th day of September A.D., 2012, under and by virtue of a writ Execution issued on the 19th day of April, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2011. Number 7679, at the suit of Bank of America, N.A. against Owen J. Bowermaster & T racey L. Bowermaster is duly recorded as Instrument Number 201234343. IN TESTIMONY WHEREOF, I have hereunto set my hand ~__'.. and seal of said office this day of 1-~-'t , A.D. '~ ri ~~ ~ ,, ~~ ~ ~~ ~,~. ,~ ~ Recorder of Deeds of t~mbe~d t~Alsle, P11 My Comm' E~aviras the Frst Morda4Y of Jan. 2014