Loading...
HomeMy WebLinkAbout11-78271'I PHELAN HALLINAN & SCHMIEG, LLP William E. Miller, Esq., Id. No.308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 256136 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. YOO T. KIM 604 CAROL COURT LANSDALE, PA 19446-1581 MI RA KAM 9 GINGER DRIVE MECHANICSBURG, PA 17050-7995 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. (1-? $?77 CIVI CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE :Z File #: 256136 a Vol 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 #: 256136 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: YOO T. KIM 604 CAROL COURT LANSDALE, PA 19446-1581 MI RA KAM 9 GINGER DRIVE MECHANICSBURG, PA 17050-7995 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/06/2004 YOO T. KIM and MI RA KAM made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1873, Page 1947. By Assignment of Mortgage recorded 12/20/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201037659. 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 02/01/2010 and each month thereafter are due and unpaid, and by the terms File #: 256136 of said mortgage, upon failure of mortgagor to make such payments after a date specified 6 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage as of 08/12/2011: Principal Balance $216,318.07 Interest $22,250.21 01/01/2010 through 08/12/2011 Late Charges $509.25 Property Inspections $153.00 Escrow Deficit 6 690.22 TOTAL $245,920.75 7 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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 #: 256136 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $245,920.75, 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: ' Attorney for Plaintiff File #: 256136 LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Township of Silver Spring, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on western right-of-way line of Ginger Drive, said point being a common corner with Lot 72, of which this is a part; THENCE, along Lot 72, South 49 degrees, 50 minutes, 00 seconds East, for a distance of 100.00 feet to a point along the property line of Lot 70, of which this is a part; thence, along Lot 70, North 40 degrees, 10 minutes, 00 seconds West, for a distance of 85.87 feet to a point on the southern right-of-way line of Turmeric Drive; thence, along said right-of-way, along an arc of a curve, curving to the left, having a radius of 175.00, an arc length of 17.48 feet, the chord of which being North 52 degrees, 41 minutes, 42 seconds East, for a distance of 17.47 feet to a point; thence, along the same, North 49 degrees, 50 minutes, 00 seconds East, for a distance of 63.55 feet to a point, said point being the right-of-way intersection of Turmeric Drive and Ginger Drive; thence, along said right-of-way intersection, along an arc of a curve, curving to the right, having a radius of 19.00 feet, an are length of 29.85 feet, the chord of which being South 85 degrees, 10 minutes, 00 seconds East, for a distance of 26.87 feet to a point on the western right-of-way line of seconds East, for a distance of 66.00 feet to a point, the POINT OF BEGINNING. CONTAINING 0.193 acres of land. BEING Lot 71 of the 'Final Subdivision Plan for Ginger Fields', as recorded in Book 80, Page 132, of Cumberland County Records. PROPERTY ADDRESS: 9 GINGER DRIVE, MECHANICSBURG, PA 17050-7995 PARCEL # 38-21-0291-118 File #: 256136 • t • VERIFICATION L ?Sp_ d , hereby states that h sh is k,,,,s"i P' ro??F qf, BANK OF 4 AMERICA, N.A., Plaintiff in this matter, that he/ he 's 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 erowledge, 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: If File #: 256136 Name: KIM Name: Pc;c liJe f? v0- Title: ks smolt - - Ice rp'eric- 'q f i,,VOJ BANK OF AMERICA, N.A. File #: 256136 SHERIFF'S OFFICE OF CUMBERLAND PgU?IT?Y„._ 11L v F Ronny R Anderson t"- THE i I='Cg='H U7It+R'Y ' Sheriff ?., cat ? Jody S Smith LAO, 2011 NOY 15 AMC: 4 9 Chief Deputy CUMBERLAND COUNTY Richard W Stewart PENNSYLVANIA Solicitor -. .. ..,_" ., Bank of America, NA Case Number vs. 2011-7827 Yoo T. Kim (et al.) SHERIFF'S RETURN OF SERVICE 10/18/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Yoo T. Kim, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Montgomery County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 10/18/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Mi Ra Kam, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Montgomery County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 10/27/2011 07:15 AM - Montgomery County Return: And now October 27, 2011 at 0715 hours I, John P. Durante, Sheriff of Montgomery County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Yoo T. Kim by making known unto himself personally, at 604 Carol Court, Lansdale, Pennsylvania 19446 its contents and at the same time handing to him personally the said true and correct copy of the same. 10/27/2011 07:15 AM - Montgomery County Return: And now October 27, 2011 at 0715 hours I, John P. Durante, Sheriff of Montgomery County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Mi Ra Kim by makinc known unto Yoo Kim, adult in charge at 604 Carol Court, Lansdale, Pennsylvania 19446 its contents and at the same time handing to him personally the said true and correct copy of the same. 11/14/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Mi Ra Kim, but was unable to locate him in his bailiwick He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Mi Ra Kim. Request for service at 9 Ginger Drive, Mechanicsburg, Pennsylvania 17050 is vacant. 11/14/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Yoo T. Kim, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Yoo T. Kim. Request for service at 9 Ginger Drive, Mechanicsburg, Pennsylvania 17050 is vacant. SHERIFF COST: $105.00 November 14, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF r?'..OUII ?Jto ;.7?er IE `, li't R SHERIFF'S OFFICE OF CUMBERLAND COUNTY VyR n derson Sheriff 1tQ? Jody S Smith Chief Deputy Richard W Stewart Solicitor Bank of America, NA VS. Yoo T. Kim (et al.) Case Number 2011-7827 SERVICE COVER SHEET 0 N SOA40e Details: Category: Civil Action - Complaint in Mortgage Foreclosure Zone: X Manner. Deputize Expires: 11/16/2011 Warrant. w Notes: 10-74-(( Q of-3r- d- ` j, VV nt?-t t? W N 01 r oa. Sens ?o: Name: Mi Ra Kam a o Primary 604 Carol Court z Address: Lansdale, PA 19456 a J j- Phone: U Alternate J Address: O Q Phone: U _ 6 A ey / Odginator: Name: Francis S. Hallinan Service Attempts: Final Sen+?kec Served: Personally Cha Posted Other Adult In %/'o d Charge: Relation: [ G Date: U''Z? ll Time: 9-71 Deputy. q-s,?Mileage: Phone: 215-563-7000 Date: 1 F? N Time: 00 Mileage: C14 Deputy: Notes / Special instructions: Now, October 18, 2011 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Montgomery County Q to execute service of the documents herewith and make return thereof according to law. Return To: Cumberland County Sheriffs Office. "_--- One Courthouse Square 6Z A Carlisle, PA 17013 onny R Anderson, Sheriff A SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny F; Anderson ??at7t?' of e`Irt,, N' Sheriff Jody S Smith Richard W Stewart Chief Deputy Solicitor 4 Bank of America, NA Case Number vs 2011-7827 Yoo T. Kim (et al.) SERVICE COVER SHEET Service Details: Category: Civil Action - Complaint in Mortgage Foreclosure Zone: X Manner: Deputize Expires: 11/16/2011 Warrant: w Notes: I?-24-t1 Q O?3 d? -.v n1cx m o? Q a ui J Q 0 Z g D O V J Q U 0 to Serve To: Name: Yoo T. Kim Primary 604 Carol Court Address: Lansdale, PA 19446 Phone: Alternate Address: Phone: Attorney / Originator: Name: Francis S. Hallinan Served: Personal Adult In Charge Posted Other Adult In . ?. Q < M Charge: Relation: Date: Time: f` OZ t Deputy. ! k, L/ vll Mileage: Phone: 215-563 000 c-n Service Attempts: rn Date: t Time: ' '9- 00 ~ Mileage: N Deputy: Notes / Special Instructions: Now, October 18, 2011 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Montgomery County j-: to execute service of the documents herewith and make return thereof according to law. O Return To: ? Cumberland County Sheriffs Office Y One Courthouse Square Carlisle, PA 17013 onny R Anderson, Sheriff PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 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 VS. YOO T. KIM MI RA KAM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Attorney for Plaintiff : CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-7827-CIVIL d-a zm ;Z'to Cn rte- ?CD .Br• ?P cZ ri co N ac 3 W 'Z -ra r rr Kindly enter judgment in favor of the Plaintiff and against YOO T. KIM, and MI RA KAM, 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 $245,920.75 $245,920.75 I hereby certify that (1) the Defendants' last known addresses are 9 GINGER DRIVE, MECHANIC.SBURG, PA 17050-7995 and 604 CAROL COU T, LAN LE? PA 19446, and (2) that notic has been given in accordance with Rule Pa.R. 23 Date )WI oZ tthew wood, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: a1? l2 w PHS # 256136 PROTHONOTARY ,4 /6. 5-0 N" /1' f// e# 1141333 iGP? 256136 ?o f j'c ? ,/Yla BANK OF AMERICA SUCCESSOR BY MERCER TO BAC HOME LOANS SERVICING, LP Plaintiff v YOO T. KIM MI RA KAM Defendant(s) TO: MI RA KAM 9 GINGER DRIVE. MECHANIC:SBUR.G, PA 17050-7995 DATE OF NOTICE: COURT OF COMMON PLEAS CIVIL DIVISON NO. 1 1-7827-CIVIL, CUMBERLAND COUNTY THIS FIRM IS A DEBTCOL LECTOR ATF.FMPTING TO COLLECT A DEBT. THIS NOTICE, IS SENT TO YOU IN AN A'I'TEMP'T TO COLLECT THE: INDEB'T'EDNESS 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 CONSTRt.TEI) TO BE AN ATTEMPT TO COLLECT A DEBT, BUS' ON .Y AS ENFORCT?M)?,N'T OF I,1I N AGAINS'T' PROPERTY. IMPOR'T'ANT NOTICE YOU Ald? TN 'DEFAULT BECAUSE? YOU' I-LAVE FAILED TO ENTER A WRJTTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILL.-, IN WRITING WITH TJIE COURT YOUR D1?FENSES OR OBJEC'T'IONS 'T(:)'I'HTi CT..,AIMS SET FOR"I'LI AGAINST YOU. UNLESS YOU AC"T WITHIN TEN DAYS FROM T RE DATE OF TIIIS NOTICE', A .TUDGMENT MAY BF. ENTERED AGAINSTYOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT' RIGHTS. YOU SHOULD 'T'AKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE, A LAWYER, GO TO OR TELEPHONE THE OFFICE SEi'4: FORT14 BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A. IAWYER. IF YOU CANNO'T' AF'FC.)RD TO 'HIIZI,' A LAW'YFR, THIS OFFICE, MAY BE ABLE TO PROVIDE; YOU WITH INFORMA'T'ION ABOUT A(IENC IES 'I'I1ATMAY OFFER LEGAL SERVICES TO F,11GIBLE PERSONS AT A T.ED1 UED FEE OR NO I LF , PHS P 2.)6136 I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 1701.3 (;717) 249-3166 B 4/ Y: ?. Joh . Kolesnik, Esquire Plic: an Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 256136 PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 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 VS. YOO T. HIM MI RA KAM Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEVU? MCD z71 CIVIL DIVISION ??- No. 11-7827-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE N -r, rn r? tv kn A. s r-y urn, 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) YOO T. KIM 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 YOO T. KIM is over 18 years of age and resides at 9 GINGER DRIVE, MECHANICSBURG, PA 17050-7995 and 604 CAROL COURT, LANSDALE, PA 19446. (c) that Plaintiff is without information sufficient to determine whether the defendant(s) MI RA KAM is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (d) that defendant MI RA KAM is over 18 years of age and resides at 9 GINGER DRIVE, MECHANICSBURG, PA 17050-7995 and 604 CAROL COURT, LANSDALE, PA 19446. This statement is made subject to the p nalt'es o ~ a. C.S. Section 4904 relating to un wo falsification to authorities. Date ? M th w ood, Es uire Attornev for Plaintiff 256136 (Rule of Civil Procedure No. 236) - Revised BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. YOO T. KIM MI RA KAM : CIVIL DIVISION : No. 11-7827-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on wow By: If you have any questions concerning this matter please contact: 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 HAVE PREVIOUSLY RECEIVED A DISCHARGE INBANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA .DEBT, BUT ONLY ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** WRIT OF EXECUTION and/or ATTACIiMEI\IT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 11-7827 Civil CIVIL ACTIOI`~ -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A. SUCCESSOR B'Y MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff (s) F^orn Y00'I'. KfM, MI RA KAM (1 ') You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (~"_) You are also dirccted to attach the property of the defendant(s) not levied upon in the possession oR G:ARNISHEE(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 i or otherwise disposing thereof; (~ j if property of tl~e defendant(s) not levied upon an subject to attachment is found in the possession ot~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 [)ue: $245,920.75 L.L.: $.50 [rncrest FROM 2/28/2012 TO DATE OF SALE ($40.43 PER DIEM) - $15„080.39 Atty"s Comm: ''~~ Due Prothy: $2.25 Atty Pail: $244.50 Other Costs: Plainti.~f Paid: Date: 11 /1 /2012 ~--~ • ~ ~ f David D. Bu 11, Prothonotary (Seal) `~-X: ~ C~ ~=~.1 Deputy REQL`ESTING PARTY: 'Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Te I eph on e: 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 HOMF. COURT OF' COMMON PLEAS LOANS SERVICING, LP Plaintiff CIVIL DIVISION Y00 T. KIM MI RA KAM Defendant(s) l~o the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 02/28/2012 to Date of Sale ($40.43 per diem) ro~~Al. Note: Please attach description of property. PHS # 256136 ~~ a ~~.~~ ~~`~ > 05. coo ~F r ~t~n -\ ~ ~~ ~~ ~~1 ~~ uu oC ~~~ / NO.: 11-7827-CIVIL CUMBERLAND COUNTY --- - P n allinan & Schmieg, LLP n Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff • ~~ as ~~ ~. g,, SUw eye ~ ~r~s~ ~ j2~agas~c~ i ~ ~ ~ ~ ~~ a, a 7 U a ~; s f Q C w O U Q O E-~ w a w Q ~ ~> o Q y, ~ w v, w a~ v a v o a '~ ~~ U ~ Q ~ ~ hQ w~ ~~ ~`~_ Q Q C W W O a P~ x x~ Q ~ as o H ~~ w w ~ ,.IOU c is ~: ~: ' a ~ . .~ b ~ ~ ~ O ~ ~' ~' ~ ~ ~° ~ ~ I W O ~ a . :... ,..~ CB ~ I .+ C) `" O~ o~ ~w !~ ~,~ ~.~ LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Township of Silver Spring, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows'. E3F;GINNiNG at a point on western right-of--way line of Ginger Drive, said point being a common corner with Lot 72, of which this is a part; THENCE, along Lot 72, South 49 degrees, 50 minutes, 00 seconds East, for a distance of 100.00 feet to a point along the properly line of Lot 70, of which this is a part; thence, along Lot .`0, North 40 degrees, 10 minutes, 00 seconds West, for a distance of 85.87 feet to a point on the southern right-of-wav line of Turmeric Drive; thence, along said right-of-wad, along an arc of a curve, curving to the le[i., having~a radius of 175.00, an arc length of ] 7.48 feet, the chord of which being North ~~' degrees, 41 minutes, 42 seconds East, for a distance of 17.47 feet to a point; thence, along the same, North 49 degrees, 50 minutes. UO seconds East, for a distance of 63.55 feet to a point, said point being the right-of~ wa_y intersection of I~urmeric Drive and Ginger Drive; thence, along said right-of-wav intersection, along an arc t~~l~a curve, curving to the right, having a radius of 19.00 feet, an arc length of 2y.85 feet; the chord of~ w~#~ich bung South 85 degrees, 10 minutes, 00 seconds East, for a distance of 26.87 feet to a point on the western right-of way line of seconds East, foa~ a distance of 66.00 feet to a point, the NO[N~I~ CiF I3E:G[NN [NG_ CC)'~ f~AIN1NG 0.193 acres of land. I3EING Lot ? 1 of the'Final Subdivision Plan for Ginger Fields'. as recorded in Book 80. Pale 1 >2, of Cumberland County Records. "hI'I~I.E TC7 SAID PREMISES IS VES'TF,D IN Yoo T. Kim and Mi Ka Kam, h/w, as 'Cenants by the entireties, by Deed from Alfieri Enterprises, Inc., a Maryland corporation, dated (-)7/06/2004, recorded 07/13/2004 in Book 264, Page 569. PREMISES L3F,lM1: 9 GINGER DRIVE, MECHANICSBURG, PA 17050-7995 PARCEL 1~(~. 38-21-0291-118 PI ILLAN I i~~LL[NAN & SCHMI~G, LLP .9ohn Michael Kolesnik, Esq., Id. No.308877 ~ 617 JFK Boulevard_ Suite 1400 One Penn Center Plaza = ~, " `; ; . ; Philadelphia. PA 19103 21 ~-~63-7001) ~ ~'~ ~ ~ ~ ;~ ~ ~ ~:~. BANK OF AMERICA, N.A. SUCCESSOR BY M~~~~T~~`%~' HOME LOANS SERVICING, LP Plaint~if{~ v. Y00 T. K1M MI RA KAM Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS ,. CIV1L DIVISION ., NO.:11-7827-CIVIL CUMBERLAND COUNTY l~he undersigned attorney hereby states that he/she is the attorney for the Plaintil~l~ 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 ( 1 the premises is vacant (~ j Act 91 procedures have been fulfilled ( j Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 "Phis certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ~Y~ __ _-- _ __ e n Hallinan & Schmieg, LN~P ~J n Michael Kolesnik Esq._ Id. '~0 308877 ~ /Attorney for Plaintiff r BANK 01'' AMERICA, N.A. SUCCESSOR BY MERGER ~IY) BAC HOME LOANS SEKVICING, LP Plaintiff YOU "I'. KIM MI IZA KAM Defendants ) COURT OF COMMON PLEAS CIVIL DIVISION NO.:ll-782'1-CIVIL CUMBERLANll COUNTY PHS # 256136 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOMF. LOANS SERVICING, LP, Plaintiff in the above action, by the w~dersigned attorney, sets forth as of the date the Praecipe for the Writ of 1 xecution was tiled, the following information concern€n~ the real property located at 9 GINGER DRIVE, MECHANICSBURG, PA 17050-7995. I . Na~rm and address of"Owner(s) or reputed Owner(s): Name Address (if address cannot be r°• ~ ~ bl casona ~ _.__ ascertained, please so indicate) ~ "' Y00 "I'. KlM 604 CAROL LOUR"1" LANSDALE, PA 19446-1581 ~ -~-- M1 R1 KAM 604 CAROL COUR'C LANSDALE, PA 19446-1581 - ' ='"=; t -' ?. Name and address of Defendant(s) in the judgment: N''ame Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE ~. Name and last known address of every judgment creditor whose judgment is a record lien on the real ro ert to be sold: Name p p y Address (if address cannot be reasonably ascertained, please indicate) None. ~l. Name and address of last recorded holder of every m ortgage of record: Name Address (if address cannot be~ reasonably ascertained, please indicate] C'I"1'1l.ENS BANK OF PENNSYLVANIA 1735 MARKET STREET PHILADELPHIA, PA 19103 CITIZENS BANK OF PENNSYLVANIA RETAIL LENDING SERVICES C/O C'ITIZ;ENS BANK 480 JEFFERSON BOULEVARD A"I'TN: BETH ROMANO WARWICK, RI 02886 CI"1'1Lh:NS BANK OF PENNSYLVAMA LENDERS ADVANTAGE C/O FIRST AMERICAN TITLE INSURANCE 1100 SUPERIOR AVE, SUITE 200 CO• CLEVELAND, OH 44114 ATTN: NATIONAL RECORDINGS ~. 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 an_v record interest in the propem; and whose interest may be affected by the SaIC. Naive Address (it address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has Knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 9 GINGER DRIVE MECHANICSBURG, PA 17050-7995 DOMES'T'IC RELA'CIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O. BOX 2675 DEPARTMENT OF WF,LFARE HARRISBURG, PA 17105 IN"1'ERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 l:.S. DN~PAKTMENT OF JUSTICF. 228 WALNUT S'T'REET, SUITE 220 U.S. ATTORNEY FOR "THE MIDDLE PO BOX 11754 DISTRIC"I~ OF PA HARRISBURG, PA 17108-1754 FEDERAL BUILDING I veri I y that the statements made in this affidavit are true and correct to the best of nay personal lalowledge 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: ~!~ ~~L't sy: ~;~,- (~i -, an I~lallinan & Schmieg, LLP hn Michael Kolesnik, Esq., Id. No3088°?? Attorney for Plaintiff BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO (~'OURT OF COMMON PLEAS BAC HOME LOANS SERVICING, LP CNIL DIVIS[ON Plaintiff NO.:11-7827-CIVII, vs. Y00 T. KIM CUMBERLAND COUNTY MI RA KAM Defendant(s) ~~ NOTICE OF SHERIFF'S SALE OF REAL YROPEKTY t' ^~ _. . . _., __,_. _ ~ 'I'O: Y00 'T. KIM _._ MI ItA KAM -. - 604 CAROL COURT - --- ~~-~ _. ~.-. 1.ANSDALE, YA 19446-1581 _~~ ~`*"PHIS 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 9 GINGER DRIVE, MECHANICSBURG, PA 17050-7995 is scheduled to be sold at the Sheriff's Sale on 03/06/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of X245,920.75 obtained by BANK. OF AMERICA, N.A. SUCCIF:SSOR BY MERGER'I'O BAC HOME LOANS SERVICING, LP (the mortgagee) against you. In the e~~ent the sale is continued, an announcement will he made at said sale in compliarn:f.~ with Pa.R.C.P. Rule X129.;. NOTICE OF OWNER'S RIGHTS YOU MAY t31~ AI3LE "1,0 PI2~;VENf THIS SHERll~F'S SALE: fo prevent this Sherilt's Sale, you must take immediate action: 1. Tl1e 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 n~iay be able t.o 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. Y"ou may need an attorney to assert your rights. The sooner you contact one, the m~.are chance you will have oi~ stopping the sale. (See notice on page two on how to obtain an attorney. j YOU MAY STILL BE ABLE TO SAVE YOUR YROPI+:RTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. l f the Shcrifl~ s Sale is not stopped, your property will be sold to the highest bidder. Y~.~u nlay Iind out the price bid by calli.n~~ 21 ~-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly ir7adcquate compared to the value ot~your property. 3. "fhe sale will go through only if the buyer pays the Sheriff the full amount due in the sale. "1'o 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. ~. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a decd to the buver. A.t that time, the buyer may bring legal proceedings to evict vou. 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. "l~he 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. 1~he money will be paiul out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are I-fled with the Sheriff within ten (1 U) days alter the tiling of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act irrimediately alter the sale. YOU SHOt'LD 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 "I'O FIND OIJT WHERE YOU CAN GET LF,GAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALI, that certain tract or parcel of land situate in the Township of Silver Spring, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on western right-of--way line of Ginger Drive, said point being a common co--ner with l,ot 72. of which this is a part; THENCE, along Lot 72, South 49 degrees, 50 minutes, 00 seconds East, for a distance of 100.00 feet to a point along the property line of Lot 70, of which this is a part; thence, along Lot 70, North 40 degrees, 10 minutes, 00 seconds West, for a distance of 85.87 feet to a point on the southern right-ol=way line of "Turmeric Drive; thence, along said right-of-way, along an arc of a curve, ~~ur~~ing to the left, having a radius of 175.00, an arc length of 17.48 feet, the chord of which being North 52 degrees, 41 minutes. 42 seconds East, for a distance of 17.47 feet to a point; thence, along the same_ North 49 degrees, 50 minutes. 00 seconds East, for a distance of 63.55 feet to a point, said point being the right-ot=way intersection of Turmeric Drive and Ginger Drive; thence, along said right-ot=way intersection, along an ar<.~ of a curve, curving to the right having a radius of ] 9.00 feet, an arc length of 29.8 feet. the chord of which being South 85 degrees_ I 0 minutes. 00 seconds East, for a distance of 26.8? feet to a point on the western right-of=way line of sccemds Fast, foe a distance of 66.00 feet to a point, the POINT OF BEGINNING. CUN~f AWING 0.193 acres of land. BEING t.ot ?l of the'Final Subdivision Plan for Ginger Fields', as recorded in Book 80, Page 132. of Cumberland County Records. TITLL; TO SAID PREMISES IS VESTED IN Yoo T. Kim and Mi Ra Kam, h/w, as "I~cnants by the entireties, by Deed from Altieri Enterprises, Inc., a Maryland corporation, dated 0706!2004, recorded O'?/13/2004 in Book 264, Page 569. PREP-'l1SES BEING: 9 GINGER DRIVh~, MECHANICSBURG, PA 17050-7995 PARCEL NO. 38-21-0291-118 SHORT DESCRIPTION liv virtue ol~a Writ ot~Execution NO. ll-7827-CIVIL BANK OF AMERICA, N.A. SUCCESSOR BY MERGER'I'O BAC HOME LOANS SERVICING, LY ~ s. YO0 T. KIM MI RA KAM owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being (Municipality) 9 GINGER DR1VE, MECHANICSBURG, PA 17050-7995 Parcel No. 38-21-0291-118 (Acreage or street address) Impruvernents thereon: RESIDENTIAL DWELLING JUDGMl~:N"l~ AMOUNT: $245,920.75 Phelan Nallinan & Schmieg, LLP Attorney for Plaintiff' l bl i JI~K F3oulevard, Suite 1400 Philadelphia. PA 19103 ZIS-~63-7000 v ~ ~I~ PLAINTIFF BANK OF AMERICA, N.A. SUCCESSOR BY MERI,F,R TO BAC HOME LOANS SERVICING, LP DEFENDANT YO0 T. KIM MI RA KAM SERVE MI RA KAM AT: 604 CAROL COURT LANSDALE, PA 19446-1581 PHS # 256136 SERVICE TEAM/ Ixh COURT NO.: 11-7827-CIVIL TYPE OF ACTION XX Notice of Sheriff s Sale SALF, DATE: March 6, 2013 SERVED Served • d made nown to MI RA KAM, Defendant on the~day of _~f~_, 20 /Z, at ' clock ., at dS A,~r.L n the manner described below: o _ of jdant personally serv d ult family member with whom Defendant s) reside(s). Relationshi is /Gf(~ c~ r , ~=.F p ' ~ l ~ ~` < s residence who refused to give name or relationship. Adult in charge of Defendant , ^ Manager/Clerk of place of lodging in which Defendant(s) reside(s). 1'^n+~-~ _ Agent or person in charge of Defendant's office or usual place of business. ~ ~ ~'~-~~:~ an officer of said Defendant's company. ~~ {` ~ `. _ _ _ Other: ~ ~~ G,J ~ `;' Description: Age ~ Height _3~ L Weight _~ ~~Race v~+ ~vSex '~ ,Other J~ ~ ~ ~~ ~~+ ~~ ~ "" t Cppy @~"jhe ~ ~ _s I, , a competent adult, hereby verify that I personally handed a true and corrc~ No ice f eriffs Sale in the manner as set forth herein, issued in the captioned case on the date and ate mess indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904cfelat[ng to:°a: unsworn falsification to authorities. - ~ DATE: _ NAME: PRINTED NA ME: ~ ~ P TITLE: / ~ S ~ NOT SERVED On the day of 20 , at o'clock _. M., I, , a competent adult hereby state that~efendant I~'IrF~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. 49(kl 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 IVl. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Td. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivacb., Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtcnay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esy., 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 AFFIDAVIT OF SERVICE (FNMA) CUMBERLAND COUNTY A FFIDA~ IT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA, N.A. SUCCESSOR IIY MEF;GER TO BAC HOME LOANS SERVICING, LP PHS # 256136 DF,FENDANT SERVICE TEAM/ lash YO0 T. KIM COURT NO.: ll-7827-CIVII, MI RA KAM SERVE YO0 T. KIM AT: TYPE OF ACTION 604 CAROL COURT XX Notice of Sheriff s Sale LANSDALE, PA 19446-1581 SALE DATE: March 6, 2013 SERVED Served and made known to YO0 T. KIM, Defendant on the day of ~, 20 ~j at ,~, ~, o'clock ~ M., at ~_~pI/¢ , in the manner described below: _ Defendant personally served. ,.»> ~ult family member with whom Defendant(s) reside(s). ~~ ~" ca~a Relationship is ~,' /f'IIL'Ef~~ `~'~ ' ~ Adult in charge of Defendant's residence who refused to give name or relationship. ~~~ ~ w" r*7 t"ti"i _ 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 -t ~' I . an officer of said Defendant's company. -~ ~ Other: . -.. ~ 3a. ~ Description: Age ~~ Height ~ Weight ~ o Race/~~'~ex ~ Other CJ ~ ~ ~ ___ , ~ ..c. I, , a competent adult, hereby verify that I personally handed a true and correct ~y gf,te Notice o 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 unswom falsification to authorities. /f DATE: ~Z, NAME: _ K ~~~~i'/~ PRINTED NAME: ~ ,~'/L~, _ ___ TITLE: /_ > , NOT SERVED On the dayy of 20 , at o'clock . M., I, , a competent adult hereby state that~efendant rT6'I`FaT7Nlstiecause: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on _ at at Service Refused Other: 1 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. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 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 :•; .~a i~r ..J ~~ W c:: ',"' ~ f...; -y _-9 i Phelan Hallinan. LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 John.Kolesnik ,phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff vs. YOO T. KIM MI RA KAM Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-7827-CIV I; u rn to r.... CZ? s-; CD x? 0 C CZ) F 5c MOTION TO MAKE RULE ABSOLUTE BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on January 22, 2013. CD 2. 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 Defendants on January 9, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Christylee L. Peck on or about January 25, 2013 directing the Defendants to show cause by February 14, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 256136 4. The Rule to Show Cause was timely served upon all parties on February 4, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. Defendants failed to respond or otherwise plead by the Rule Returnable date of February 14. 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phela , LLP DATE: 2 3 By: To Michael Kolesnik, Esq., Id. No.308877 ttorney for Plaintiff 256136 Exhibit "A" 256136 PHELAN HALLINAN, I,I,P 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215;563-7000 hAX4: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania and New Jersey January 9, 2013 YOO T. KIM MI RA KAM 604 CAROL COURT LANSDALE, PA 19446-1581 RE: BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP v. YOO T. KIM and MI RA KAM Premises Address: 9 GINGER DRIVE MECI IANICSBURG, PA 17050 CUMBERLAND County CCP, No. 11-7827-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 1/16/2013. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very, ,t H1 y at`te:v; Esq., Id. No.310721 IrtitiIt 256136 Egli, 60 NV «tit?tD?U 1 r'' oc* o© $ o V £4t6t d42 I ' L ? JJ 0. v C. C _ x c T 'CY i? L?Lyy c o. u m x ? C' a.-» O a u v v t? ?d0 i r t? t? M8, p w Exhibit "B" 256136 1N THE COUIRT O COMMON PLEAS OF ('[.141E3ERLAND OUN.l Y 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.: 11-7927-CIVIL YOO T. KIM MI RA KAM Defendants RULE AND NOW, this day of / ._ 2013, 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 J Exhibit "C" 256136 M Phelan Hallinan, LLP Jonathan Lobb F,sq. Id. i , W- M 10; 04 1617 JFK Boulevard, Suite 3 One Penn Center Plaza Philadelphia, PA 191030 Jonathan. Lobb(& ,phelanhallinan.ann 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR 13Y MERGER TO BAC HOME LOANS SERVICING, 1,P Plaintiff vs. Y00 T. KIM MI RA KAM Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-7827-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 25, 2013 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. MI RA KAM YOO T. KIM 604 CAROL COURT LANSDALE, PA 19446-1581 DATE, MI RA KAM YOO T. KIM 9 GINGER DRIVE MECHANICSBURG, PA 17050-7995 Phelan Hallinan, LLP By._..- Jsjn?ltiiai') Lobb, Esq., Id. No.312174 Attorney for Plaintiff 256136 Phelan Hallman, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 John.Kolesnik@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff vs. YOO T. KIM MI RA KAM Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-7827-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. MI RA KAM YOO T. KIM 604 CAROL COURT LANSDALE, PA 19446-1581 MI RA KAM YOO T. KIM 9 GINGER DRIVE MECHANICSBURG, PA 17050-7995 DATE: Z,&p By: hael Kolesnik, Esq., Id. No.308877 for Plaintiff 256136 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson f - r �� 't;Q !P11 qtr Sheriff ��tix, ofa�anbrr� i Jody S Smith 2 13 KA Y -7 Of 8: 49 Chief Deputy Richard W Stewart CUMBERLAND COL4NTY Solicitor PENNSYLVANIA Nationstar Mortgage LLC Case Number vs. 2011-7827 Yoo T. Kim (et al.) SHERIFF'S RETURN OF SERVICE 12/28/2012 05:32 PM -Deputy Shawn Harrison, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 9 Ginger Drive, Mechanicsburg, PA 17050, Cumberland County. 02/21/2013 Affidavit of Service to Lienholders Filed in Sheriffs Office 03/07/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberlad County, on March 6, 2013 at 10:00 a.m. He sold the same for the sum of$ 1.00 to Attorney Francis Hallinan, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $893.33 SO ANSWERS, April 30, 2013 RbNW R ANDERSON, SHERIFF BANK OF AMPRICA, N.A. SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO BAL HOME LOANS SERVICING, LP Plaintiff CIVIL DIVISION V. NO.: 11-7827-CIVIL YOO T. KIM MI RA KAM CUMBERLAND COUNTY Defendant(s) PHS #256136 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 9 GINGER DRIVE,MECHANICSBURG,PA 17050-7995. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained,please so indicate) YOO T. KIM 604 CAROL COURT LANSDALE, PA 19446-1581 MI RA KAM 604 CAROL COURT LANSDALE,PA 19446-1581 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) CITIZENS BANK OF PENNSYLVANIA 1735 MARKET STREET PHILADELPHIA, PA 19103 CITIZENS BANK OF PENNSYLVANIA RETAIL LENDING SERVICES C/O CITIZENS BANK 480 JEFFERSON BOULEVARD ATTN: BETH ROMANO WARWICK,RI 02886 CITIZENS BANK OF PENNSYLVANIA LENDERS ADVANTAGE C/O FIRST AMERICAN TITLE INSURANCE 1100 SUPERIOR AVE,SUITE 200 CO. CLEVELAND,OH 44114 ATTN: NATIONAL RECORDINGS 5. Name 9nd"address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. b. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 9 GINGER DRIVE MECHANICSBURG,PA 17050-7995 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 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 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. Dater ;eAttomey 2 linan&Schmieg, LLP el Kolesnik,Esq.,Id.No.308877 Plaintiff w BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO COURT OF COMMON PLEAS BAC HOME LOANS SERVICING, LP CIVIL DIVISION Plaintiff NO.: 11-7827-CIVIL VS. YOO T. KIM CUMBERLAND COUNTY MI RA KAM Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: YOO T. KIM MI RA KAM 604 CAROL COURT LANSDALE, PA 19446-1581 "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 9 GINGER DRIVE,MECHANICSBURG, PA 17050-7995 is scheduled to be sold at the Sheriff s Sale on 03/06/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of$245,920.75 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 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. 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 (3)0) 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 or parcel of land situate in the Township of Silver Spring,County of Cumberland, Commonwealth of Pennsylvania,bounded and described as follows. BEGINNING at a point on western right-of-way line of Ginger Drive,said point being a common corner with Lot 72,of which this is a part;THENCE,along Lot 72, South 49 degrees,50 minutes,00 seconds East, for a distance of 100.00 feet to a point along the property line of Lot 70,of which this is a part;thence,along Lot 70,North 40 degrees, 10 minutes,00 seconds West,for a distance of 85.87 feet to a point on the southern right-of-way line of Turmeric Drive;thence,along said right-of-way, along an arc of a curve, curving to the left,having a radius of 175.00,an are length of 17.48 feet,the chord of which being North 52 degrees,41 minutes,42 seconds East,for a distance of 17.47 feet to a point;thence,along the same,North 49 degrees, 50 minutes,00 seconds East,for a distance of 63.55 feet to a point,said point being the right-of-way intersection of Turmeric Drive and Ginger Drive;thence, along said right-of-way intersection, along an arc of a curve, curving to the right,having a radius of 19.00 feet,an arc length of 29.85 feet,the chord of which being South 85 degrees, 10 minutes, 00 seconds East,for a distance of 26.87 feet to a point on the western right-of-way line of seconds East, for a distance of 66.00 feet to a point,the POINT OF BEGINNING. CONTAINING 0.193 acres of land. BEING Lot 71 of the'Final Subdivision Plan for Ginger Fields',as recorded in Book 80,Page 132,of Cumberland County Records. TITLE TO SAID PREMISES IS VESTED IN Yoo T. Kim and Mi Ra Kam, h/w, as Tenants by the entireties, by Deed from Altieri Enterprises, Inc., a Maryland corporation, dated 07/06/2004, recorded 07/13/2004 in Book 264, Page 569. PREMISES BEING: 9 GINGER DRIVE,MECHANICSBURG,PA 17050-7995 PARCEL NO.38-21-0291-118 b r I SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-7827-CIVIL BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP vs. YOO T. KIM MI RA KAM owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being (Municipality) 9 GINGER DRIVE, MECHANICSBURG, PA 17050-7995 Parcel No. 38-21-0291-11.8 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $245,920.75 Phelan Hallinan& Schmieg,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 11-7827 Civil COUNTY OF CUMBERLAND) CIVIL ACTION-LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA,N.A.SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP Plaintiff(s) From YOO T.KIM,MI RA KAM (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: $245,920.75 L.L.:$.50 Interest FROM 2/28/201.2 TO DATE OF SALE($40.43 PER DIEM)-$15,080.39 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $244.50 Other Costs: Plaintiff Paid: Date: 11/1!2012 David D. Buell, Prothonota (Seal) Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK,ESQUIRE Address: PHELAN HALLINAN&SCHMIEG,LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF TRUE CuPY FROM RECORD Telephone:215-563-7000 in Testimony whereof,l here unto set my hand and the seal of said Court t Carlisle, a. Supreme Court ID No.308877 This�L--day of--"L"-P 2thon — On November 5, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township , Cumberland County, PA, Known and numbered as, 9 Ginger Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 5, 2012 By: Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2011-7827 Civil Bank of America,NA VS. Yoo T. Kim, Mi Ra Kam Atty.: Francis S. Hallinan By virtue of a Writ of Execution NO. 11-7827-CIVIL,BANK OFAMER- ICA,N.A.SUCCESSOR BY MERGER TO BAC HOME LOANS SERVIC- ING, LP vs.YOO T.KIM, MI RA KAM owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being 9 GINGER DRIVE, MECHAN- ICSBURG,PA 17050-7995. Parcel No. 38-21-0291-118. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$245,920- .75. 73 . L 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: January 25, February 1, and February 8, 2013 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 Marie Coy e, Editor SWORN TO AND SUBSCRIBED before me this 8 da y of Februar 2013 r Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 26,2014 The Patriot-News Co. 2020 Technology Pkwy e atr1*otAvXews , Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE 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 Marianne Miller, 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 adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: 01/22/13 2011-IM 01/29/13 sunk of NA vo &;L 02/05/13 Kl Yoo T. m MI Re Kam Atly: Franeft S.Hapinan . . . . . . . . . . . . . . . . . . . By virtue of a Writ of E"wtion.NO. BANK CIVIf, N.A.SUCCESSO Swor to a subscribed before this 4 day of February, 2013 A.D. BANKOFAMERICA, R BY MERGER TO BAC HOME MANS SERVICING,I:P ' V& U.AcU &JA U YGOTKIM of ry Public MIRAKAM ri the owners) of p1opedy TOWNSHIP OF SILVER SPA G, Cumberland County,Pennsy� (Municipality) CSBURG, COMM NWEOALTH Qe Y 9GINGFRDRIV$NIECHANf Notarial Seal PA 17050-7995 Holly Lynn Warfel,Notary Public panelNo.38 ,OZ9 addressrem) Washington Up.,Dauphin County (Acreage or street movements tbetmUsibogIAL f Nry Commission Explress Dec.12,2016 DWE��G \-Fti7RER,PENNSYLVANIA ASSOCIATION OF NOTARIES ILMOMp p pU 5,920.75. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mortgage Association is the grantee the same having been sold to said grantee on the 6th day of March A.D., 2013, under and by virtue of a writ Execution issued on the 1 st day of November, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 7827, at the suit of Bank of America,N.A. against Yoo T. Kim and Mi Ra Kam is duly recorded as Instrument Number 201314816. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. L3 ecorder of Deeds rcorder of` Cumberind 0=4 mil%PA y Commission Expires the Fat MGnft Of Jan.2014 C-3 ry At Phelan Hallinan,LLP Attorney For PlainYl -� F 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 CD 215-563-7000 " En —�r 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. 11-7827-CIVIL YOO T.KIM MI RA KAM Defendant �PRAECIPE TO THE PROTHONOTARY: ❑ Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ❑Please mark the above referenced case Settled,Discontinued and Ended. ❑Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ®Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ❑Please Vacate the Judgment entered. Date: PHELAN LLIN LLP By: Justin .K e sq.,Id.No.200392 At rney for Plaintiff PHS#256136 A-5o PO A e 1-"8 3a Phelan Hallinan,LLP Attorney for Plaintiff 161.7 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff Civil Division V. CUMBERLAND County YOO T. KIM No. 11-7827-CIVIL MI RA KAM Defendant PHS#256136 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: YOO T.KIM MI RA KAM 604 CAROL COURT LANSDALE,PA 19446-1581 Date: PHELAN HALL ,LLP By: Justi jamey', sq.,Id.No.200392 for Plaintiff