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HomeMy WebLinkAbout11-8126I `. Defendants CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE PHELAN HALLINAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 !, 215-563-7000 BANK OF AMERICA N A SUCCESSOR 4 , . . MERGER TO BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS 7105 CORPORATE DRIVE PLANO, TX 75024 CIVIL DIVISION V. Plaintiff TERM NO. ?- 8l a? C! Vl JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN 315 FIRST STREET SUMMERDALE, PA 17093-8006 File #: 271271 d co d 011P#110-bS& ? jeg--? Wo T7 a NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 271271 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: JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN 315 FIRST STREET SUMMERDALE, PA 17093-8006 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/31/2007 JOHN N. RYAN, III and LORETTA J. RYAN made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FRANKLIN AMERICAN MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1994, Page 3762. By Assignment of Mortgage Recorded 08/12/2011 the mortgage was Assigned to PLAINTIFF which Assignment is recorded in Assignment: of Mortgage in Instrument No. 201122367. 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 09/01/2010 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 #: 271271 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 06/01/2011: Principal Balance $143,504.71 Interest $7,009.78 08/01/2010 through 06/21/2011 Late Charges $186.95 Property Inspections $105.00 Escrow Deficit $1,828.03 Subtotal $152,634.47 Suspense Credit 845.59 TOTAL $151,788.88 7 8. Plaintiff is not seeking a judgment of personal liability (or an in person am 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 #: 271271 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $151,788.88, 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. Cusick, Esq., Id. No.80193 Attorney for Plaintiff File #: 271271 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land with the buildings and improvements thereon erected situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described by Survey dated January 29, 1979, prepared by Ernest J. Walker, P.E., as follows, to wit: BEGINNING at an iron pin on the Southwest line of First Street at a point South 36 degrees 15 minutes 00 seconds East 269.4 feet from High Street; thence from said Place of Beginning, South 36 degrees 15 minutes 00 seconds East 65 feet to an iron pin at corner of land now or formerly of Jack Fry; thence along line of land now or formerly of Jack Fry, South 53 degrees 45 minutes 00 seconds West 209.50 feet to an iron pin at the eastern line of Second Street thence along said eastern line of Second Street, North 15 degrees 22 minutes 00 seconds West 69.57 feet to an iron pin at line of property now or formerly of Randall G. Far ringer and Jane B. Farringer, husband and wife; thence along line of lands now or formerly of Randall G. Farringer and wife, North 53 degrees 45 minutes 00 seconds East 184.70 feet to an iron pin at the point and place of BEGINNING. BEING Lot No. 13, Section 'B', on Plan of Lots of Summerdale as recorded in Cumberland County Plan Book No. 1, Page 44. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservation, conditions and right-of-way of record or visible upon inspection of premises; and SUBJECT to any state of facts an accurate survey would show. PROPERTY ADDRESS: 315 FIRST STREET, SUMMERDALE, PA 17093-8006 PARCEL # 09-12-2995-032 File #: 271271 VERIFICATION hereby states that he/she is 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. Uv Name: DATE: t tia,? t > (AV) Title: As<??<?i?rt V, , -Pv,r;;(4,"-t BANK OF AMERICA, N.A. File #: 271271 Name: RYAN File #: 271271 ILED-OFfICE PHELAN HALLINAN & CHMIEG h KE PROTHONOTARY Attorney for Plaintiff Melissa J. Cantwell, Esq., I No.308912 . ` 0EC ?? Ari 1617 JFK B l d S ou evar , uite 400 One Penn Center Plaza CUMSERLAND COUNTY Philadelphia, PA 19103 PENNSYL?AHIA 215-563-7000 BANK OF AMERICA, N. A. CUMBERLAND COUNTY SUCCESSOR BY MERGE R TO BAC HOME LOANS SERVICI NG, LP COURT OF COMMON PLEAS VS. CIVIL DIVISION JOHN N. RYAN, III A/KIA No. 11-8126-CIVIL JOHN N. RYAN LORETTA J. RYAN PRAECIP FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY Kindly enter judgme t in favor of the Plaintiff and against JOHN N. RYAN, III A/K/A JOHN N. RYAN and LO ETTA J. RYAN, 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 Comp?aint $151,788.88 TOTAL $151,788.88 I hereby certify that 11) the Defendants' last known address is 315 FIRST STREET SUMMERDALE, PA ,709 -8006, and (2) that notice has been given in accordance with Rule Pa.R.C.P 2 7.1. Date Melissa J. Cantwell, Esquire s?yoDd Attorney for Plaintiff C? 1rl1373? DAMAGES ARE HEREBY ASSESSED AS INDICATED. 2 aloS`b?? DATE: I of B?Ct ??? PHS # 271271 PROTHONOTARY 271271 PHELAN HALLINAN & §CHMIEG, LLP Attorney for Plaintiff Melissa J. Cantwell, Esq., 10. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS VS. CIVIL DIVISION JOHN N. RYAN, III A/K/A No. 11-8126-CIVIL JOHN N. RYAN LORETTA J. RYAN AFFIDAVIT OF NON-MILITARY SERVICE The undersi ed attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captio ed matter, and that on information and belief, he/she has knowledge of the following facts, to will: (a) that the d fendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or othe ise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amend d. (b) that defe dant JOHN N. RYAN, III A/K/A JOHN N. RYAN is over 18 years of age and resides at 315 FIRST STREET, SUMMERDALE, PA 17093-8006. (c) that defe dant LORETTA J. RYAN is over 18 years of age and resides at 315 FIRST STREET, SUMMEPtDALE, PA 17093-8006. This stateme t is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifica ion to authorities. Date f1 1 Melissa J. Cantwell, Esqui Attorney for Plaintiff 271271 (Mule of Civil Procedure No. 236) - Revised BANK OF AMERICA, N. . SUCCESSOR CUMBERLAND COUNTY BY MERGER TO BAC N.A. LOANS SERVICING, LP COURT OF COMMON PLEAS VS. JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN against you on : CIVIL DIVISION : No. 11-8126-CIVIL L a Judgment in the above captioned matter has been entered By: If you have ally y questions concerning this matter please contact: ?' Melissa J. Cantwell, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEB COLLECTOR A TTEMPTING 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 BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT FA LIENA GAINST PROPERTY" BANK OF AMERICA, N.A. MERGER TO BAC HOME LP V. JOHN N. RYAN, III, A/K/A LORETTA J. RYAN TO: LORETTA J. RYAN 315 FIRST STREET SUMMERDALE, PA 1 DATE OF NOTICE: THIS FIRM IS A DEB'. IS SENT TO YOU IN HEREIN, AND ANY I PURPOSE. IF YOU F THIS CORRESPOND: ATTEMPT TO COLL PROPERTY. SSOR BY COURT OF COMMON PLEAS SERVICING, CIVIL DIVISON Plaintiff N. RYAN Defendant(s) NO. 11-8126-CIVIL CUMBERLAND COUNTY COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE ?N ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO FORMATION OBTAINED FROM YOU WILL BE USED FOR THAT EVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, 1CE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN CT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST IMPORTANT NOTICE YOU ARE IN DEFA T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALL OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJE ONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FRO THE DATE OF THIS NOTICE, A JUDGMENT MAYBE 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 0 TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH ORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFO ATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A ED FEE OR NO FEE. PHS # 271271 Office of the Protho otary Cumberland County use 1 Courthouse Sq Carlisle, PA 170 3 (717) 240-619 ' I' By: CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AAdrew Marley, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 271271 BANK OF AMERICA, N.A. S CCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISON LP NO. 11-8126-CIVIL Plaintiff V. CUMBERLAND COUNTY JOHN N. RYAN, III, A/K/A JOHN N. RYAN LORETTA J. RYAN i Defendant(s) TO: JOHN N. RYAN, III, A JOHN N. RYAN 315 FIRST STREET SUMMERDALE, PA 17093-8006 DATE OF NOTICE: THIS FIRM IS A DEB COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY ORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDE NCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLE CT 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 PERSONALL 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 TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT ORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFO ATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A UCED FEE OR NO FEE. PHS # 271271 Office of the Prod Cumberland County i 1 Courthouse S Carlisle, PA 1' (717) 240-61 3 By: CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Mdrew Marley, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LIJ 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 271271 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-8126 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff (s) From JOHN N. RYAN, III A/K/A JOHN N. RYAN, LORETTA J. RYAN (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: $151,788.88 L.L.: $.50 Interest from 12/23/11 to Date of Sale ($24.95 PER DIEM) - $4,166.65 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $197.00 Other Costs: Plaintiff Paid: Date: 2,14,/12 David D. uell, Protho (Seal) B 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. AS SUCCESSOR BY MERGER TO BAC COURT OF COMMON PLEAS HOME LOANS SERVICING, LP Plaintiff CIVIL DIVISION v JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 12/23/2011 to Date of Sale ($24.95 per diem) TOTAL, NO.: 11-8126-CIVIL CUMBERLAND COUNTY C ?y $151,788.88 p $4,166.65. ?? o 15 Note: Please attach description of property. PHS # 271271 a , oo tt rr I y, oo u 7ttorn n Halli nan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 ey for Plaintiff 'sa"aslxu . S o c4- U-1-W-- 11 53g1f3 P,* a-)1 t?_u I Yr;i a? 1Z? T.ssled x bxm t' o ? W 0 c° m J --1 ? w *Sl a w W 0 cr, ? o C.4 G A ?' 0 0 n z ? x 0 a na 0 rl -Z ? G p a O 0 0 n n C? LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land with the buildings and improvements thereon erected situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described by Survey dated January 29, 1979, prepared by Ernest J. Walker, P.E., as follows, to wit: BEGINNING at an iron pin on the Southwest line of First Street at a point South 36 degrees 15 minutes 00 seconds East 269.4 feet from High Street; thence from said Place of Beginning, South 36 degrees 15 minutes 00 seconds East 65 feet to an iron pin at corner of land now or formerly of Jack Fry; thence along line of land now or formerly of Jack Fry, South 53 degrees 45 minutes 00 seconds West 209.50 feet to an iron pin at the eastern line of Second Street thence along said eastern line of Second Street, North 15 degrees 22 minutes 00 seconds West 69.57 feet to an iron pin at line of property now or formerly of Randall G. Farringer and Jane B. Farringer, husband and wife; thence along line of lands now or formerly of Randall G. Farringer and wife, North 53 degrees 45 minutes 00 seconds East 184.70 feet to an iron pin at the point and place of BEGINNING. BEING Lot No. 13, Section'B', on Plan of Lots of Summerdale as recorded in Cumberland County Plan Book No. 1, Page 44. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservation, conditions and right-of-way of record or visible upon inspection of premises; and SUBJECT to any state of facts an accurate survey would show. TITLE TO SAID PREMISES VESTED IN John N. Ryan and Loretta J. Ryan, h/w, by Deed from Brian M. Ressler and Mary E. Ressler, h/w, dated 05/31/2007, recorded 06/05/2007 in Book 280, Page 1506. PREMISES BEING: 315 FIRST STREET, SUMMERDALE, PA 17093-8006 PARCEL NO. 09-12-2995-032 PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza 2012 FEB 14 AM 10: 4 5, Philadelphia, PA 19103 215-563-7000 CUMBERLAND COUNT)l PENNSYLVANIA BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff V. JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN Defend.ant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-8126-CIVIL CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin. Doc No I1-1197.41 Pa. B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Bv: P n Hallinan & Schmieg, LLP r6hn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff BANK OF AMERICA, N.A. AS SUCCESSOR BY COURT OF COMMON PLEAS i MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff CIVIL DIVISION V. NO.: 11-8126-CIVIL JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN CUMBERLAND COUNTY Defendant(s) PHS # 271271 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 315 FIRST STREET, SUMMERDALE, PA 17093-8006. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) t JOHN N. RYAN, III AWA JOHN N. RYAN 315 FIRST STREET M M tna 'T1 ?z-t ;-;-? F ? Y LLd' SUMMERDALE PA 17093-8006 LORETTA.I. RYAN 315 FIRST STREET SUMMERDALE, PA 17093-8006 ; 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably _.? Gtt 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 r eal property to be sold: Name Address (if address cannot be reasonably ascertained. please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) East Pennsboro Township 98 South Enola Drive Enola, PA 17025 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 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] TENANVOCCUPANT Domestic Relations of Cumberland Countv 315 FIRST STREET SUMMERDALE, PA 17093-8006 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities C? Date: 9 L _ By: Phel allinan & Schmieg, LLP Jo Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO COURT OF COMMON PLEAS 13AC HOME LOANS SERVICING, LP : CIVIL DIVISION Plaintiff : : NO.:11-8126-CIVIL VS. JOHN N. RYAN, III A/K/A JOHN N. RYAN CUMBERLAND ( )U RY-4 LORETTA J. RYAN MCD -n Defendant(s) '70 ? _r,M - NOTICE OF SHERIFF'S SALE OF REAL PROPERTY y? ? T" C7 s TO: JOHN N. RYAN, III A/K/A JOHN N. RYAN 17- LORETTA J. RYAN - 315 FIRST STREET SUMMERDALE, PA 17093-8006 "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 315 FIRST STREET, SUMMERDALE, PA 17093-8006 is scheduled to be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $151,788.88 obtained by BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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. Y 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict: you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-8126-CIVIL BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP vs. JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN owner(s) of property situate in EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 315 FIRST STREET, SUMMERDALE, PA 17093-8006 Parcel No. 09-12-2995-032 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $151,788.88 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land with the buildings and improvements thereon erected situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described by Survey dated January 29, 1979, prepared by Ernest J. Walker, P.E., as follows, to wit: BEGINNING at an iron pin on the Southwest line of First Street at a point South 36 degrees 15 minutes 00 seconds East 269.4 feet from High Street; thence from said Place of Beginning, South 36 degrees 15 minutes 00 seconds East 65 feet to an iron pin at corner of land now or formerly of Jack Fry; thence along line of land now or formerly of Jack Fry, South 53 degrees 45 minutes 00 seconds West 209.50 feet to an iron pin at the eastern line of Second Street thence along said eastern line of Second Street, North 15 degrees 22 minutes 00 seconds West 69.57 feet to an iron pin at line of property now or formerly of Randall G. Farringer and Jane B. Farringer, husband and wife; thence along line of lands now or formerly of Randall G. Farringer and wife, North 53 degrees 45 minutes 00 seconds East 184.70 feet to an iron pin at the point and place of BEGINNING. BEING Lot No. 13, Section'B', on Plan of Lots of Summerdale as recorded in Cumberland County Plan Book No. 1, Page 44. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservation, conditions and right-of-way of record or visible upon inspection of premises; and SUBJECT to any state of facts an accurate survey would show. TITLE TO SAID PREMISES VESTED IN John N. Ryan and Loretta J. Ryan, h/w, by Deed from Brian M. Ressler and Mary E. Ressler, h/w, dated 05/31/2007, recorded 06/05/2007 in Book 280, Page 1506. PREMISES BEING: 315 FIRST STREET, SUMMERDALE, PA 17093-8006 PARCEL NO. 09-12-2995-032 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND CQU BANK OF AMERICA N.A. AS SUCCESSOR BY MERGER TO BAC !' - ; ici- 2- 111 i HOME LOANS SERVICING, LP PHS#, -7, : Ff%131UO 0 T A' DEFENDANT JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN SERVE LORETTA J. RYAN AT: 315 FIRST STREET SUMMERDALE, PA 17093-80M OUR .. 12-CI f U CUMBERLAND COUNT TYPE OF 2 YL.VANIA XX Notice of Sheriff's Sale SALE DATE: June 6, 2012 SERVED Served and made known to LORETTA J. RYAN, Defendant on the a (Sday of "'^'OM , 20 , at ;35 , o'clock p. M., at 3(S Isf Sft ?dMMfa bkl SPA , in the manner described below: _ Defendant p rsonally served. ? Adult family member with whom Defendant(s) reside(s). Relationship is W-Nb Adult in charge of Defendant's residence who refused to give name or relationship. - ManagedClerk 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: Aged Height _5 Weight RO Race W Sex -M Other 1, 12ai 4*b M6 LL a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject t enalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. A-l DATE: I NAME: 11AL- PRINTED NAME: -OIJkb AUL'f- TITLE: -PA6C? c J NOT SERVED On the _ day of , 20_1 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. B)': 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. 93 337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W_ Cusick, Esq., Id. No. 80193 AFFIDAVIT OF SERVICE. (FHLMC) PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BACi; l y { (] C ( } } `s HOME LOANS SERVICING, LP PHS # 271271 DEFENDANT JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN SERVE JOHN N. RYAN, III A/K/A JOHN N. RYAN AT: 315 FIRST STREET SUMMERDALE, PA 17093-8006 SERVICE TEAM/ lxh (012 KP - 8 AH 10t 00 COURT NO.: 11-8126-CIVIL CUMBERLAND COUNTY TYPE OF ACTION PENNSYLVANIA XX Notice of Sheriff's Sale SALE DATE: June 6, 2012 SERVED Served and made known to JOHN N. RYAN. III A/K/A JOHN N. RYAN, Defendant on 20 JOL, at liar, o'clock p. M., at 915; IST ST, ?SRMMF OL Et h{} in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. the 9-("T day of BQU Other: Description Age V -Height _ Weight ? q a Race W Sex PA Other I, 'P6 ?Jkf b 1W 0LL , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ?I -? A /f DATE: NAME: PRINTED NAME: _ ' " `O L - TITLE: 1Q.OSS ?y 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. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq.. Id. No. 203993 tJ'2KTt'. 2 / { it v v U: ?? ? A1, L) r C i?i ? p'_f"'? *? `°. ii° r ENNSYL'V11% ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff v. JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 11-8126-CIVIL RULE AND NOW, this day of 012, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs 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 T TT I A. &A 271271 N N _ N N 00 N O M O z d z?? w Qzx a Z 00 zd?0? oaoo? N 00 O O O z? C) Cl? o a >?°M z z ca U' C) ? z.4v) AQ .0H ?- d w ., _ HClHi7rrCtfh... Z..?12 APB -4 04 9: 5 Phelan Hallinan & Schmieg, LLP CUMBERLAND COUNT`; Dana Ostrovsky, Esq., Id. No.83921 PENNSYLVANIA ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING. LP Plaintiff Court of Common Pleas Civil Division CUMBERLAND County vs. JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN Defendants No.: 11-8126-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's March 27, 2012 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. JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN 315 FIRST STREET SUMMERDALE, PA 17093-8006 JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN PO BOX 128 SUMMERDALE, PA 17093-0128 Phelan Ha *nan Schmieg, LLP DATE: 3 By: Dana s ov y, Esquire Attorney laintiff 271271 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A. AS SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP Civil Division Plaintiff VS. JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN Defendants CUMBERLAND County C-3 No.: 11-8126-CIVIL 1: r.? MW Xv. cn N, ?• _ =C) E5 90 ORDER -< r'' AND NOW, this Lt? ay of /Set L- , 2012, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff s Motion to Reassess X } ?a ?lTa .a% '4f Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through June 6, 2012 Per Diem $21.56 Late Charges Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit TOTAL $143,504.71 $14,577.88 $186.95 $1,325.00 $889.50 $185.00 $1,581.89 $2,859.03 $165,109.96 Plus interest from June 6, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. ?AIli5,,n r tt,elk, ?.?x- V"- 304 n. 'v•'?0'7aAI zu" ?al?H J0° Ryon Lo,- e 44c{ J- 4-1 T n ecp''es nka "Ie'd BY TH C URT: Thomas A. Placey Common Pleas Judge 271271 - 1-1 1-1 4/-- qtr? ?1'.C1?©TAF', Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff vs. JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN Defendants ..;° CE SL ND COGN TY ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-8126-CIVIL MOTION TO MAKE RULE ABSOLUTE BANK OF AMERICA, N.A. AS 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 March 22, 2012. 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 March 13, 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the 271271 Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Thomas A. Placey on or about March 27, 2012 directing the Defendants to show cause by April 16, 2012 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. 4. The Rule to Show Cause was timely served upon all parties on April 3, 2012 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. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of April 16, 2012. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. Phelan Hal' Schmieg, LLP DATE: B?y: lison . lls, q., Id. No.309519 Attorney for Plaintiff 271271 Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP March 13, 2012 JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN 315 FIRST STREET SUMMERDALE, PA 17093-8006 Representing Lenders in Pennsylvania and New Jersey JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN PO BOX 128 SUMMERDALE, PA 17093-0128 RE: BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP v. JOHN N. RYAN, III, A/K/A JOHN N. RYAN and LORETTA J. RYAN Premises Address: 315 FIRST STREET SUMMERDALE, PA 17093 CUMBERLAND County CCP, No. 11 -8126-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), 1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by March 19, 2012. Should you have further q Otherwise, please be guidcd4ceol y> please do not hesitate to contact me. Very truly,, Allisu : `ells, Esyuirt- Attorney for Plaintiff Enclosure Exhibit "B" flip, R 27 PH 3: r'UMEERLANP Ct?U'?1`' p N# SYLVAigjA AigjA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff V. JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 11-8126-CIVIL RULE AND NOW, this day of W;?-O a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs 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 TJUT 1 .4. N1 271271 Exhibit "C" Phelan Hallinan & Schmieg, LLP Dana Ostrovsky, Esq., Id. No. 83921 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 A Pit `1{ Ate t?. t X14 F:, Y FOR P I1A 1N` f FFa BANK OF AMERICA, N.A. AS SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOAN-ft? LP ( C,i,,fl Civil Division Plaintiff PLEASE RM ipiv CUMBERLAND County VS. JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN No.: 11-8126-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's March 27, 2012 Rule directing the Defendants to show cause as ?h rd? tiff Motion to Reassess Damages should not be granted was served upon the following i-iaiv duah date indicated below JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN 315 FIRST STREET SUMMERDALE, PA 17093-8006 DATE: ?13 //,:2- N. RYAN, III JOHN A/K/A JOHN N. RYAN LORETTA J. RYAN PO BOX 128 SUMMERDALE, PA 17093-0128 Schmieg, LLP By: Phelan 1hi ?1laintifff Dana , s osquire Attarnev 271271 Y Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff Vs. JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 11-8126-CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute were served upon the following individuals on the date indicated below. JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN 315 FIRST STREET SUMMERDALE, PA 17093-8006 JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN PO BOX 128 SUMMERDALE, PA 17093-0128 DATE: W/ 4?vlkL' ATTORNEY FOR PLAINTIFF Phelan HaRijOE & Schmieg, LLP Attorney Esq., Id. No.309519 271271 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Fax 215-568-7616 Anastasia Graham Legal Assistant Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 No.: 11-8126-CIVIL Re: BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP VS. JOHN N. RYAN, III A/K/A JOHN N. RYAN, and LORETTA J. RYAN No.: 11-8126-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Dear Sir/Madam: Enclosed please find an Affidavit of Service Pursuant to Rule 3129.1 with the necessary attachments regarding the above matter. Thank you for your assistance in this matter. Should you have any questions, please do not hesitate to contact me. ***Please be advised that in the event the Plaintiff is not represented at the sale the sale is to be stayed or postponed.*** **Property is listed for the 06/06/2012 Sheriff Sale.** IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. Very truly yours, By: Phelan Hallinan & Schmieg, LLP Anastasia Graham, Legal Assistant cc: Sheriff of CUMBERLAND County ;:?LED-OE T H I'f OT O(; ; rt;; F 2012 MAY 14 AM 9: 50 CUMBERLAND COUNT PENNSYLVANIA Representing Lenders in Pennsylvania and New Jersey PHS # 271271 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION V. JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN Defendant(s) No.: 11-8126-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hgr&W ii`A". Date: . =s/ f, hael Kolesnik, Esquire for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 271271 H J Q? U A W I N r P c ?-? .. xN??C N ?•-• ° xbbf7 ?- f7b tr7?trf cnw o O av?rn ? o ^ ? Q .? ? ? Z a o ? O0 w C`,` ?? ?i w '* 0-0 p T A b 5" O 7•'7 M cD y o 7. . "f rKi- O .K+ M R :. N . . O w Z > D. JO -40 ?y .a I MC, H fD "S fD CD :F+ O N 19 C O t-j b v. Z ? {?? NcoD < p K C ?t A ?? Cti n. p C° m y - ti A e ? ` ' 4 ma y O k- - Ski, t . ?y C C ? ? y,. " C o R Y Gy Vi A A H D.7 d? CL o C ' 0 3 ? b R ? ? y 7. a . A N w3 n a?ag? O O "? ty' a yqv v F N,? b x gbRo wSR? A 4t ? ? a a J n o ? N ua c n?;na c a m `... f o v ?' ?=g o n ? y o 3 03? 3" f F n g ? 3 i y ? ti b ? 3 py, j ?- 3 O1-6 a W cn 0. G N P. ? O II is C == CD u .? O O CD (D b` ?C O W C CD ? O ?-r O ,b 01, �._,.... fit. Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 le itt y i r VA NIA Attorney For Plaintiff BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff v. JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 11 -8126 -CIVIL PRAECIPE TO THE PROTHONOTARY: n Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. n 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. 41:Li Date: PH # 765103 P N, LL By: Jeremy J. , Esq., Id. No.94503 or Plaintiff ..sfy4.14ti )(r).9 )1) yd RhE `IN ss3 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff v. JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 11 -8126 -CIVIL 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: JOHN N. RYAN, III A/K/A JOHN N. RYAN LORETTA J. RYAN 315 1ST STREET SUM1VIERRD�(ALE, PA 17093-8006 Date: ) 2) /P' PHE By: Jeremy J. INAN, LLP ki,` q., Id. No.94503 y for Plaintiff