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HomeMy WebLinkAbout11-8218PHELAN HALLINAN & SCHMIEG, LLP Robert P. Wendt, Esq., Id. No.89150 _ 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 R b, 0 215-563-7000 BANK OF AMERICA, N.A. SUCCEQ d ?r ° MERGER TO BAC HOME LOANS SE071 NG, L.P. COURT OF COMMON PLEAS F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. CIVIL DIVISION 7105 CORPORATE DRIVE PLANO, TX 75024 TERM Plaintiff NO. 1 1_ ?? l g "? U l V. CUMBERLAND COUNTY ANTHONY M. SCIORTINO HEATHER A. SCIORTINO 485 HEISEY ROAD MECHANICSBURG, PA 17055-9773 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 274682 6) any+t9a. C?.?. Il ayayy ill-a(?mss8 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 #: 274682 Plaintiff is BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: ANTHONY M. SCIORTINO HEATHER A. SCIORTINO 485 HEISEY ROAD MECHANICSBURG, PA 17055-9773 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/01/2007 ANTHONY M. SCIORTINO and HEATHER A. SCIORTINO made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COUNTRYWIDE BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200739018. By Assignment of Mortgage recorded 05/20/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201114551. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified File #: 274682 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage as of 08/12/2011: Principal Balance $255,563.72 Interest $9,994.76 01 /01 /2011 through 08/ 12/2011 Late Charges $248.91 Property Inspections $35.00 Escrow Deficit 756.39 TOTAL $266,598.78 7 9 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 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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File #: 274682 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $266,598.78, 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 dBy. Ro ert P. Wendt, Esq., Id. No.89150 Attorney for Plaintiff File #: 274682 LEGAL DESCRIPTION All that certain parcel of land situate in the East side of Heisey Road, in the Township of Monroe, County of Cumberland and Commonwealth of Pennsylvania, being known and designated as follows: Parcel 1: BEGINNING at a concrete monument on the eastern dedicated right-of-way line of Heisey Road, T-560, at line of Lot No. 22 on the hereinafter mentioned Plan of Lots; thence along the Eastern dedicated right-of-way line of Heisey Road, T-560, North 00 degrees 27 minutes 40 seconds West, a distance of 100.47 feet to a point; thence along Lot No. 20 on the hereinafter mentioned Plan of Lots, North 89 degrees 36 minutes 55 seconds East, a distance of 199.13 feet to a point; thence along other lands now or formerly of Donald E. Deckman and Marian R. Deckman, husband and wife, South 00 degrees 23 minutes 00 seconds East, a distance of 100.47 feet to a point; thence along line of Lot No. 22 on the hereinafter mentioned Plan of Lots, North 89 degrees 36 minutes 55 seconds West, a distance of 198.99 feet to a concrete monument, the place of BEGINNING. Being Lot No. 21 on a Final Plan of Major Subdivision for Donald E. Deckman, prepared by Rodney Lee Decker and Associates, dated October 21, 1986 and recorded in Subdivision Plan Book 51, Page 140. Parcel 2: File #: 274682 BEGINNING at a concrete monument set on the Easternmost dedicated right-of-way line of Heisey Road (T-560), at the common point of adjoiner of Lots No. 20-A and No. 20-B on the hereinafter mentioned plan; thence departing from said right-of-way and extending along Lot No. 20-A, North eighty-nine (89) degrees thirty-six (36) minutes fifty-five (55) seconds East, for a distance of one hundred ninety-nine and nineteen hundredths (199.19) feet to a steel pin at other lands now or formerly of Donald E. Deckman and Marian R. Deckman, husband and wife; thence extending along said land, South zero (00) degrees twenty-three (23) minutes five (05) seconds East for a distance of fifty and twenty hundredths (50.20) feet to a steel pin at Lot No. 21; thence extending along Lot No. 21, South eighty-nine (89) degrees thirty-six (36) minutes fifty-five (55) seconds West, for a distance of one hundred nineteen and thirteen hundredths (119.13) feet to a steel pin set on the Easternmost dedicated right-of-way line of Heisey Road; thence extending in and along said right-of-way line, North zero (00) degrees twenty-seven (27) minutes forty (40) second West, for a distance of fifty and twenty hundredths (50.20) feet to a concrete monument at Lot No 20-A, said monument marking the place of BEGINNING. BEING designated as Lot No. 20-B on an Amendment of a final plan of major subdivision prepared for Donald E. Deckman by Rodney Lee Decker and Associates, which Amendment is dated January 14, 2004, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 89, Page 22. TOGETHER with all and singular the buildings, improvements, ways, streets, alleys, driveways, passages, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, File #: 274682 interest, property, claim and demand whatsoever of Grantor(s), as well at law as in equity, of, in, and to the same. PROPERTY ADDRESS: 485 HEISEY ROAD, MECHANICSBURG, PA 17055-9773 PARCEL # 22-11-0280-095 File #: 274682 VERIFICATION ,hereby states that h s e ' ?Mt, UICe of, BANK OF AMERICA, N.A., Plaintiff in this matter, that he she 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 hi er owledge, 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. DATEC '?6rrJd& File #: 274682 Name: SCIORTINO r C o?rA -4 Name: Title: `;i BANK OF AMERICA, N.A. File #: 274682 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff ; VS. FILED-OFFICE 04- THE PROTHONOTAI i 2012 FEB -6 AM 9: 36 CUMBERLAND COUNT' PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY ANTHONY M. SCIORTINO No. 11-8218-CIVIL HEATHER A. SCIORTINO Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE 0.? 411.75 ? 4 Ck- I l -s:2r gy ?-? aZD z ?o TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHEL AN & SCHMIEG, LLP By: awrence T. Phelan, Esq., Id. No. 32227 41 Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Jay B. Jones, Esq., Id. No. 86657 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Cantwell, Esq., Id. No. 308912 ? Mario J. Hanyon, Esq., Id. No. 203993 ? Andrew J. Marley, Esq., Id. No. 312314 ? Robert W. Cusick, Esq., Id. No. 80193 9"fohn M. Kolesnik, Esq., Id. No. 308877 Attorneys for Plaintiff Date: February 3, 2012 /tam, Svc Dept. File# 274682 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff Jody S Smith o Chief Deputy 2012 FEB 28 AM 8:34 Richard W Stewart { /}}/?ry(( ¢p( i{i{ {{ ?`y7? Solicitor .}?? pyG 1 \? V ?? i 11f4 ? FJ i iJ i 4 P I PENNSYLVANIA Bank of America, NA Case Number vs. Anthony Michael Sciortino (et al.) 2011-8218 SHERIFF'S RETURN OF SERVICE 02/24/2012 12:10 PM - Brian Barrick, Corporal, who being duly sworn according to law, states that on February 24, 2012 at 1210 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Anthony Michael Sciortino, by making known unto himself personally, a The Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland Cou Pennsylvania 17013 its contents and at the same time handing to him personally the said true and c r ct copy of the same. BRIAN BARRICK:, DEPUTY SHERIFF COST: $38.00 February 23, 2012 SO ANSWERS, r RON R ANDERSON, SHERIFF 4/04/2012 Tony Sciortino 485 Heisey Rd. Mechanicsburg, PA 17055 717-439-3161 NO. 11-8218-CIVIL Cumberland County Bank ok America, N.A. Successor by Merger to BAC Home Loans Servicing, L.P. F/K/A Countrywide Home Loans Servicing L.P. Plaintiff, VS. Anthony M. Sciortino Heather A. Sciortino Defendants(s) cdl? APR 18 AN 11: ? r CUMBERLAND COUNT'I" PENNSYLVANIA TO: Office of the Prothonotary Cumberland County Courthouse,1 Courthouse Square, Carlisle PA 17013 I represent myself. All pleadings, motions, notices, or other papers should be served on me. I have been working with Bank of America for the past 12 months on a home modification loan and have replied to all questions and provided all documentation that has been asked for. Even though I have been doing my due diligence by providing everything asked for they have been impossible to work with. They continue to ask for the same documentation, 8 times now, and refuse to return my phone calls. I have escalated my concerns to my client reps supervisor and still have not had any return phone calls. I was under the understanding that since I continue to work with them that would prevent a filing of foreclosure but obviously they are not communicating with the persons who have filed the complaint. In addition they have made the claim I am not living in my house which in turn cancelled my home owners insurance. I have provided BOA and Travelers copies of my paid Electric bill showing my usage proving I still reside in my home but as usual I have been ignored. My dealing with BOA has been dehumanizing and unfair and they clearly do not want to work with me. This being said after the last go around of them asking me for the same documentation for a 91h time explained I no longer want to pursue a loan modification and would like to proceed with a short sale. Although I provided this in writing to them as asked I still have not been contacted on the next steps. In addition I am hiring a realtor to put my home up for sale. All I want to do is work with BOA on a resolution that will work for both of us. The options of a short sale, regular sale or reinstatement payment will give both of us acceptable results if Bank of America would actually put some time in to working on this with me. 1 EP. Co-OF 'iCE PHELAN HALLINAN & SCHMIJ,?G,•WROT OTAR? 3 Joseph Schalk, Esquire 1617 JFK Boulevard, Suite 1400 48 ,?? 2? A? ??? i2 One Penn Center Plaza r SERLAND C "Ty Philadelphia, PA 19103 PEKNSYI.VANiA 215-563-7000 Bank of America, N.A. Successor by Merger to BAC Home Loans Servicing, L.P. F/K/A Countrywide Home Loans Servicing, L.P. VS. Anthony M. Sciortino Heather A. Sciortino Attorney for Plaintiff Cumberland County . Court of Common Pleas . Civil Division . No. 11-8218-Civil PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against HEATHER A. SCIORTINO, Defendant 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 $266,598.78 $266,598.78 I hereby certify that (1) the Defendant's last known address is 223 SOUTH ENOLA DRIVE # A, ENOLA, PA 17025, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. A 1 _ . J- Date LI l ?/ J DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: V1 -? I I nn r ? _ PHS # 274682 K, r,squiic Plai f PROTHONOTARY 4w}A j6,,<6 ?'? CeA I o`?StSV )L4 ?M'p s 274682 ,AtLP- WJ PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Joseph Schalk, Esquire 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, L.P. F/K/A Countrywide Home Loans Servicing, L.P. . Cumberland County . Court of Common Pleas Civil Division VS. Anthony M. Sciortino Heather A. Sciortino . No. 11-8218-Civil AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that Plaintiff is without information sufficient to determine whether the defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant HEATHER A. SCIORTINO is over 18 years of age and resides at 223 SOUTH ENOLA DRIVE # A, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date a (?? 274682 (Rule of Civil Procedure No. 236) - Revised Bank of America, N.A. Successor by Cumberland County Merger to BAC Home Loans Servicing, L.P. F/K/A Countrywide Home Loans Court of Common Pleas Servicing, L.P. Civil Division VS. . No 11-8218-Civil Anthony M. Sciortino Heather A. Sciortino Notice is given that a Judgment in the above captioned matter has been entered against you on p7h"?-- By If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Joseph Schalk, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** 274682 i BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff V. ANTHONY M. SCIORTINO HEATHER A. SCIORTINO Defendant(s) TO: HEATHER A. SCIORTINO 223 SOUTH ENOLA DRIVE # A ENOLA, PA 17025 DATE OF NOTICE: -Z' COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-8218-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING 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 NOT ICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER., THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUI' AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (7i( 7) 249-3166 1-1 By: Dana OA sky, Esquire Attorn- V101inan Plaintiff Phelan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS l# 274682 ?746T Z SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff a????tr pf t?nhbr?r Jody S Smith h¢ ? Chief Deputy tff? Richard W Stewart .s Solicitor OFFICE OF THE "RIFF Bank of America, NA Case Number S. 2011-8218 Anthony Michael Sciortino (et al.) SHERIFF'S RETURN OF SERVICE 11/04/2011 07:25 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on November 4, 2011 at 1925 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Heather A. Sciortino, by making known unto herself pesonally, at 223 S. Enola Drive #A, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. GERALD WORTHINGTO EPUTY 11/30/2011 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: Anthony Michael Sciortino, but was unable to locate hin in his bailiwick. - He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Anthony Michael Sciortino. Request for service at 485 Halsey Road, Mechanicsburg, Pennsylvania 17055 the Defendant was not found to be residing at this address. A neighbor advised Deputies, Anthony Michael Sciortino is only found at the residence for a brief amount of time. To date The Mechanicsburg Postmaster has been unable to provide a good forwarding address for the Defendant. 11/30/2011 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: Heather A. Sciortino, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Heather A. Sciortino. Request for service at 485 Heisey Road, Mechanicsburg, Pennsylvania 17055 the Defendant was not found to be residing at this address. SHERIFF COST: $89.00 SO ANSWERS, November 30, 2011 ROW? R ANDERSON, SHERIFF (c) CrnmtySuUe Sheriff, Teleosofl, Inc. tit s12 NUS 3:43 uAIY n141asYLp Ap PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215)563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff VS. ANTHONY M. SCIORTINO HEATHER A. SCIORTINO 485 HEISEY ROAD MECHANICSBURG, PA 17055-9773 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 11-8218-CIVIL MOTION FOR SUMMARY JUDGMENT Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: 1. There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. Defendant, HEATHER A. SCIORTINO has failed to file an Answer to the Complaint, and Plaintiff has entered a default judgment against her. A true and correct copy of Plaintiff s Praecipe for Judgment is attached hereto, incorporated herein by reference, and marked as Exhibit G. 4. Defendant, ANTHONY M. SCIORTINO, has filed an Answer to the Complaint in which he has effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 5. Pennsylvania Rule of Civil Procedure 1029 provides that averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. 6. In his Answer, Defendant failed to deny the default, amounts due, mortgage and Plaintiff s compliance with Act 6 of 1974 and Act 91 of 1983, therefore he is deemed to have admitted all allegations of Plaintiff s Complaint. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint and Defendant's Answer are attached hereto, incorporated herein by reference, and marked as Exhibits C and D, respectively. 7. Defendants executed the Mortgage promising to repay the loan on a monthly basis. A copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County in Mortgage Instrument No. 200739018 and has been redacted to remove confidential account information, is attached hereto, made part hereof, and marked Exhibit A. A copy of the Note, which has been redacted to remove confidential account information, is also attached hereto, made part hereof, and marked Exhibit Al . 8. The Mortgage was assigned to Plaintiff. Said transfer was documented by an Assignment of Mortgage, which is recorded in Assignment of Mortgage Instrument No. 20111455 1. A copy of the Assignment to Plaintiff, which has been redacted to remove confidential account information, is attached hereto, incorporated herein by reference, and marked as Exhibit A2. 9. The Mortgage is due for the February 1, 2011 payment, a period in excess of nineteen (19) months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 10. Defendant's default is also evidenced by Plaintiffs loan history, a copy of which has been redacted to remove confidential account information, and is attached hereto, made part hereof, and marked Exhibit F. 11. The last payment applied to the Defendant's mortgage was on or around January 12, 2011. Plaintiff applied this payment to Defendant's account for the January 2011 payment, as is evidenced by the attached loan. history on Defendant's account (see Exhibit F). The account remains due and owing for the February 1, 2011 payment. Furthermore, Defendant has not provided proof of any payments they might have made. 12. The notice provisions of Act 6 of 1974 do not apply to this action because the original Mortgage amount exceeds the dollar amount provided in the statute, as is further addressed in Plaintiff s attached Brief. Nevertheless, Plaintiff sent Defendant a letter notifying them of his default and of Plaintiffs intent to foreclose. A copy of the letter (along with proof of mailing) is attached hereto, made part hereof, and marked Exhibit E. 13. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because Defendants have failed to meet with an authorized credit-counseling agency in accordance with Plaintiffs written notice to Defendants (see Exhibit E). 14. Plaintiff provided Defendant with the opportunity for review for loan modification under the federal government program: Home Affordable Modification Program (RAMP). Upon review, Defendant did not meet the requirements of the HAMP program. Plaintiff is interested in any reasonable settlement offer; however, Plaintiff is entitled to proceed with its foreclosure until such settlement is completed. A copy of the HAMP denial letter dated April 23, 2011, is attached hereto, made part hereof, and marked as Exhibit H. 15. Plaintiff provided Defendant with a reinstatement quotes on April 17, 2012 and May 8, 2012, but Defendant has failed to cure their arrears the loan. A copy of Plaintiffs reinstatement quotes, which have been redacted to remove confidential account information, are attached hereto, made part hereof, and marked as Exhibit I. 16. Defendant has failed to sustain their burden of presenting facts which contradict the averments of Plaintiffs Complaint. 17. Plaintiff submits that its request for attorney's fees is reasonable. Plaintiff will address this issue further in its attached Brief. 18. Defendant has the right to reinstate or payoff the loan up until one hour before a scheduled Sheriffs Sale. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as stated in the Affidavit in support of the Motion for Summary Judgment, for foreclosure and sale of the mortgaged property. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: By: ose h chalk, Esquire L k? Atto ev for Plaintiff Prepared By: EARRY DAVIS UNTRYI.CDE HOME LOANS, 1NC. X25 17INCOI-N DR W, STE 40-0 'v:AR_ TUN NJ -B"5s After Recprding Return To: Chicago Title ServiceLink Division 400 Corporation Dr Aliquippa, PA 15001 Parcel Number:: 2 W- " J 2 V 0- C !? 7 M Premises: 485 HE?ISEY RD I'SECi7ANi CSBJRG PA ! ;C55-971"73 (Space Above'rhis Line For Recording Dalai IMEMW ,Fr3C_-c)w"C1CS-na #t ;C)OC ... z. MORTGAGE MIN PENNSYLVANIA-Sing48 Family-Fannie Mae/Freddie Mac UNIFORM iNs-rRUMENT WITH MERS M Mortgage-('A 1006A-PA (0?;Cmdto Page 1 of 16 Form 3039 1101 2 3 9 911 1 7 9 4 2 2 8 2 7 0 0 0 0 0 0 0 6 A' rr rnno cor nnin rni?nrrv InctS?Q(1Tign IR - pAne t nf 1Q ?? ? ?? ?`? DOC D : DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11. 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated CC l OBER C1, 201C)7 together with all Riders to this document. (B) "Borrower" is ANT ONY M SCIORTINO, AND HEATHER A SC-TORTTdO Borrower is the mortgagor under this Security Instrument. (C) "M) RS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MFRS is the mortgagee under this Security instrument. MFRS is organized and existing under the laws of Delaware, and aas an address and telephone number of P.O. Box 2026, Flint, Alt 48501-2026, tel. (888) 679-MFRS. (U) "Letider" is Countrywide Sank, FSB. Lender is a FED SVCS BANK organized and existing under the laws of THE UNITED STATES Lender's address is C 1 177 North Fc17_' I':ax Si.. Ste-500 A? exandr-'a, VA 22314 (E) "Note" means the promissory note signed by Borrower and dated OCTOBER 01, 20 )7 The Note skates that Borrower owes Lender I't^;O A'*UPED SIXTY SIX THOUSAND and 00!10=7 Dollars (U;S. $ 2 6 6, C, 0 0 . 00 ) plus interest Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than NOVEMBER 01, 2037 (F) "Property" means the property that is described below under the heading "Transfer of Rights in (lie Property." (G) "Loap" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the mote, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all R.lders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: M Mortgage-PA 7006A-PA (06!0 7) rage 2 of 16 Form 3033 1,101 ri mnnnn+ n n,n r rv hjr root* ?nn71Gl11A - PanP 7 of 19 ? Adjustable Rate Rider ? Balloon Rider ? VA Rider (1) "Alp .rticable Law" means all controlling applicable federal. state and local statutes, regulations, ordinances and admlthistrative rules and orders (that have the effect of taw) as well as all applicable final, non-appealable judicial ojinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar or0nization. (K) "El }ctroaic Funds Transfer" means any transfer of funds, other than a transaction originated by cheek, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such tem7 includes, but is not limited to, point-of-sate transfers, automated teller machine transactions. transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Esgrow items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, cr proceeds paid by any third (party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) convgance in lieu of condemnation; or (Iv) misrepresentations of, or omissions as to, the value and/or condition pf the Property. (N) ";mortgage Insurance" means insurance protecting Lender against the nonpayment of, nr default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the. Note, plus(h) any amounts under Section 3 of this Security Instrument, (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 CT R. Part 3500), as they might be amended rom time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. DOC ? Condominium Rider ? Planned Unit Development Rider ? Biweekly Payment Rider i C * ? Second Home Ridttr ? 1.4 Family Rider ® Other(s) [specify) -,EGAL DESCRIPTION TRANSFE)t OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to iMERS (solely as nominee for Lender and Lenders successors and assigns) and to the successors and assigns of MERS, the following described property located in the M N%ngage-HA 1000A-PA (06107) Page 3 of 16 Form 3039 1101 ,•I saaoces e??n rani iniTV incr t! 7fSn7?4t1'IR - Pana R of 'IR DOC ID »`:, COUNTY of CUMBER'-AND IType or RecordloR Jurisdictiortl ltiame or Recording Jurisdlctioul SEE EXH73, ZT "A" ATTACHED HERETO AND MADE A PART HEREOF which currently has the address of 485 HETSEY RD, MECHANICSBURG Istrcea'CitL l Pennsylvat is 17 055-9773 ("Property Address") : IZrp Q&I TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements. appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions sball also be covered by this Security Instrument. All of the foregoing is referred to in this Security Insnvment as the "Property." Borrower understands and agrees that MFRS holds only legal title to the Interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MFRS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not lim red to, the right to foreclose and sell the Property: and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to niortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances or record. THIS: SECURITY INSTRUMENT combines uniform covenants for national use and non•uniforrn covenants with limited variations by jurisdiction to constitute a uniforin security instrument covering real property. M k1ortgage-Pik 1006A-PA (00M) Page a of 16 form 3039 1,01 .r,+r. v,n++ n.en.cn n nn r'i in?oenr nem l?hi MTV 1-t It WH17'2Qr)1A . Panes d of 1 Q DOC ID #. UNf FORM COVENANTS, Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on. the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shalt be made in U.S. currency. However,` if any check or other Instrument received by Lender as payment under the Note or this Security Instrument Is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashiers check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other loca?tion as may be designated by Lentler In accordance with the notice provisions in Section 15. Lender m4y return any payment or partial payment If the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without w;aver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments In the future, bui Lender is not obligated to apply such payments at the time such payments are accepted. T each Periodic Pityment is applied as of its scheduled due date, then Lender need not pay interest cn unapplied funds. Lender mq hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time. Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure, No offset or claim which Borrower might have now or in the future against Lender sh4li relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section Z, all payments accepted ajid applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic P$yment in the order in which It became due. Any remaining amounts shall be applied first to late charges, so#cond to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment Is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in i'ull. To the extent that any ei(cess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayrnenis shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall riot extend or postpone the due date, or change the amount, of the Periodic Payments. 3. }funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note Is paid in full, a sum (the "Funds") to provide for payment of amounts due for. (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Proorty; (b) leasehold payments or ground rents on the Property, if any: (c) premiums for any and all insurance rlquired by Lender under Section 5; and (d) Mortgage Insurance premiums. if any, or any suns payable by Borrower to Lender In lieu of the payrnent of Mortgage Insurance premiums in accordance wish the M Mortgage-PA 1006A-PA (Of/07) Page 5 of 16 Form 3038 1101 1, ,..-11 n n- -n. -_ ,.,,t 04 ',AA710A1 R .. P- ? -f 10 DOC =D #: provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Lopn, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow item. Borrower shall promptly furnish to Lender aW notices of amounts to he paid under this Section. Borrower shall pay Lender the Funds for Escrow Items uniess Lender waives Borrower's obligation to pay the Funds for any or all Escrow (tents. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow !terns at any ilme. Any such waiver may only'), be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, 'shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. 1 orrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a coNenani and agreement contained In this Security Instrument, as the phrase "covenant and agreement" is used in Spctioat 9, If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pqy the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount a4d Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon suctt revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Secd 'n 3. Len er may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditules of future Escrow Items or othetwistr in accordance with Applicable Law. The funds shall be held in an Institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Leader shalt apply the Funds to pay the Escrow items no later than the time specified under RESPA. Lender shill not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying 'the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to he paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on d ? Funds. Borrower and Lender can agree in writing, however, that Interest shall be paid on the Funds. Lender shall give to Burrower,. without charge, an annual accounting of die Funds as required by RESPA. If Chore is a surplus of Funds held in escrow. as defined under RESPA. Lender shall account to Borrower for the excess funds In accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held In escrow, as defined under RESPA, Lender shall notify Borrower as required b)r RESPA, and Borrower shall pay to Lender the amount necessary to inake up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon- payment in fu11 of all sums secured by this Security Instrument. Lender shall promptly refund to Borrower 4ny Funds held by Lender. 4, Charges: Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable( to the Property which can attain priority over this Security Instrument, leasehold payments or Ipound rents on the' Property, If any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to M. Mongaga-t A 1006A-PA (0$/07} Page 6 of 16 Form 3039 1101 ?Q >` ,? ,., 1,,..r 8 ann7anm R - Reno All 10 DOC _D #: Lender, but only so long as Borrower is performing such agreement: (b) contests the lien in good faith defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded: or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property Is subject to alien which can attain priority over this Security Instrument. Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards Included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services: or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the l:edenal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage. at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cast of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate front the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee andlor as an additional loss payee. In the event of loss. Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to M Mortgage-PA 1006A-PA (06/07) Page 7 of 16 Form 3039 1101 ... .- ,,,,, .-, ....t « )n0790n1 R . P- 7 of IQ DOC 1L` #: Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement Is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasib9e or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for In Section Z. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a ciaim, then Lender may negotiate and settle the claim. The 30-clay period will begin when the notice is given. In either event. or If Lender acquires the Property under Section 22 or otherwise. Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of thls Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or Impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration Is not economically feasible, Borrower shall promptly repair the Property If damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to. or the taking of, the Property, Borrower shall he responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration In a single payment or in a series of progress payments as the work Is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property. Borrower is not relieved of Borrowers obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior Inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process. Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material Information) in connection with the Loan. Material representations include. but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and frights tinder this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a M Mortgage-PA 1006A-PA (06/01) Page a of 16 Form 3039 1101 11 1eenr?i n LIM rnl ro11Mi Inert H nnI171CMR . Amino R nr 1Q DOC ID 9: legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not Ihnited to: (a) paying any sutras secured by a lien which has priority over this Security Instrument; (b) appearing in court: and (c) paying reasonable attorneys' fees to protect its Interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property Includes. but is not limited to, entering the Property to make repairs, change locks, replace or board -up doors and windows, drain water from pipes, eliminate buflding or other code violations or dangerous condillons, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not.have to do so and is not under any duty or obligation to do so. it is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9, Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear Interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. if Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance hi effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obCain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect. from an alternate mortgage Insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, :Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such foss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid In full, and :Lender shall not be required to pay Borrower any interest or earningq on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in thle amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was reggIred to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable lass reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Oorrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrowers obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter Into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on M Mortgage-PA 1006A-PA (06107) Page 9 or 16 form 3039 1101 P;x-j1- 111-InAl- n.en.rn Aar r11540CTV nnml'n111,TV 1_f IN )On7QQl19 R_ Ponca Q of 1 4 Doc ID #: terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements, These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums), As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrowers payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds, Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lenders security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any. paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking. destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender M Mortgage-PA 1006A PA (06107) Page 10 of 16 Form 3039 1101 .,.....- 1-11.,1. ...,.+ w onn»nn, v c- in of 1n DOC 1D #: otherwise agree in writing„ the Miscellaneous Proceeds shalt be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property Is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the V]iscellaneous Proceeds either to restoration or repair of the Property or to the stuns secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lenders Interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19. by causing the action or proceeding to be dismissed with a ruling that, in Lenders judgment, precludes forfeiture of the Property or other material impairment of Lenders interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section Z. 12, Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend dine for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors In Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, Including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall M Rtortgage-PA 1006A-PA (06107) Page 11 of 16 Form 3039 V01 - 11 ,. , r' IIAO00 AhIn rnI INITV Inat * m073901a - Pane 11 of 19 DCC ID #: not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit: and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15, Notices. All notices given by Borrower or Lender in connection with this Security instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mall to Lenders address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 15. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security lushltment are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender: (b) words in the singular shall mean and include the plural and vice versa: and (c) the word "tray" gives sole discretion without any obligation to tame any action. V. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to. those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior woluen consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. M Mougage•PA 1006A-PA (06107) Page 12 of 16 Form 3039 1101 0?,) JX'. •11+1.-11 .,..,,,- ?. • -- "nrn, n"In In, 14r 1-f fl 9r1n740l11A - Pons 19 of 14 DO C ID tf : If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrowers right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection. and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the property and rights under this Security Instrument, and Borrower's obligation to pay the suns secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following fors, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The :Vote or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change In the entity (known as the "Loan Servicer") that collects Periodic payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Mote, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given In compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action, If Applicable Law provides a time period which must elapse before certain action can be taken, that thne period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. M Mougage-PA 1006A-PA (06107) Page 13 of 75 Forth 3039 1101 ti .,,....,. .. - ,,. 1-1 i. rq onn7noniR-P-,noi'Antiq DOC fD p: 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials: (b) 'Environmental Law" means federal laws and laws of the jurisdiction where the Property Is located that relate to heahh, safety or environmental protection: (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined In Environmental Law: and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence. use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or In the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding itwo sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary. Borrower shall promptly take all necessary remedial actions In accordance with Environmental Law. Nothing herein shall create any obligation an Lender for an Enviromnental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22, Acceleration; Remedies. Under shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of it default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Securit) Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. M Mortgage-PA Form 3039 1f01 I D06A-PA (06107) Page 14 of 76 ?, nrnrr?i n.,r. rn.,nirr ,.,,,,wonn'70n1G D.nn 1A of 10 DOC ID #: 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the con ntencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26, Purchase Money Mortgage. If any of the debt secured by this Security Instrument is tent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to fiine under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the temis and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with if. _ (Seal) ANTHONY N'. SCICRT -Borrower HEATHER A. SCIORTINO -. (Seal) Borrower _. (Seal) Borrower (Seal) Borrower tit Mortgage-PA 1006A-PA (06!07) Page 15 of 15 Form 3039 1101 }116/2011 8:48:50 AM CUMBERLAND COUNTY Enst.# 200739018 - Page 15 of 19 DOC 1D #: COMMONWEALTH OF PENNSYLVANIA, County ss: On this, the _. day of be re rne, the uad rsip2aed officer, personally appeared known to me (or satisfactorily proven) to be the person(s) whose name(s)..isfare subscribed to the within instrument and acknowledged that #e/Vvethey executed the same for the purposes herein contained. IN WITNESS WHEREOF. I hereunto set my hand and official seat. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seat Dennis L. Wise. Notary Pubic ttampdsn Two., Cumbertand County My Cornm'tssion Expires Sept. 20.2010 Member, Pennsvwvania Associatiwi of Notaries Certificate of R ace the correct address of the wit Witness my hand this M Mortgage-PA 1006A•PA (06107) 1 Title of Officer I , do hereby certify (hat is P.O. Box 2026, Flint. Ml 48501-2026. day of-0 a jj& I ---_-- Agent of Mortgagee Page 16 of 16 Form 3039 1101 ncj4 cj?1nA 1 0.40-CO AAA r`1 IAA0001 A AIM t'^1 WTV I..,t -x.,>nn7von+u . Pte- 'F; of 1 q Exhibit "A" Legal Description All that certain parcel of land situate in the East side ol'Heisey Road, in the Township of Monroe. County of Cumberland and Commonwealth of Pennsylvania, being known and designated as follows: Parcel l: BEGINNING at a concrete monument on the eastern dedicated right-of-way line of Heisey Road, T-560, at line of'Lot No. 22 on the hereinafter mentioned Plan of lots; thence along the Eastern dedicated right-of-way line of Heisey Road, T-560, North 00 degrees 27 minutes 40 seconds West, a distance of 100.47 feet to a point; thence along Lot No. 20 on the hereinafter mentioned Plan of Lot`, north 89 degrees 36 minutes 55 seconds East, a distance of 199,13 feet to a point; thence along other lands now or formerly of Donald E. Deckman and Marian R. Deckman, husband and wife, South 00 degrees 23 minutes 00 seconds East, a distance of 100.47 feet to a point; thence along line of Lot No. 22 on the hereinafter mentioned Plan of Lots. North 89 degrees 36 minutes 55 seconds West, a distance of 198.99 feet to a concrete monument, the place of BEGINNING. Bein- Lot No. 21 on a Final Plan of Major Subdivision for Donald E. Deckman, prepared by Rodney Lee Decker and Associates, dated October 21, 1986 and recorded in Subdivision Plan Book 51, Page 140. Parcel 2: BEGINNING at a concrete monument set on the Easternmost dedicated right-of-way line of Heisey Road (T-560), at the common point of adjoiner of Lots No. 20-A and No. 20-B on the hereinafter mentioned plan; thence departing from said right-of=way and extending along Lot No. 20-A, North eighty-nine (89) degrees thirty-six (36) minutes fifty-five (55) seconds East, for a distance of one hundred ninety-nine and nineteen hundredths (199,19) feet to a steel pin at other lands now or formerly of Donald E. Deckman and Marian R. Deckman, husband and wife; thence extending along said land, South zero (00) degrees twenty-three (23) minutes five (05) seconds East for a distance of fifty and twenty hundredths (50.20) feet to a steel pin at Lot No. 21; thence extending along Lot No. 21, South eighty-nine (891 degrees thirty-six (36) minutes fifty-five (55) seconds 'Vest.. for a distance of one hundred nineteen and thirteen hundredths (119.13) feet to a steel pin set on the Easternmost dedicated right-of-way line of Heisey Road: thence extending in and along said right-of-way line. North zero (00) degrees twenty-seven (27) minutes forty (40) second West, for a distance of fifty and twenty hundredths (50.20) feet to a concrete monument at Lot No 20-A, said monument marking the place of BEGINNING. BEING designated as Lot No. 20-3 on an Amendment of a final plan of major subdivision prepared for Donaid E. Deckman by Rodney Lee Decker and Associates, which Amendment is dated JanuarY 14, 2004, and recorded in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania in Plan Book 89, Page 22. d.4 is in i.,,-r $ onmvnn,H . P- 17 If 1q Exhibit "A" Legal Description TOGETHER with all and singular the buildings, improvements. ways, streets, alleys. driveways, passages, waters, watercourses. rights, liberties. privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in any wise appertaining, and the reversions and remainders, rents. issues, and profits thereof- and all the estate, right, title, interest, property, claim and demand whatsoever of Grantor(s), as well at law as in equity, of, in, and to the same. Taxi Parcel M: 22-11-0290-095 143141! /`I Ik A17rM AMn rni IKMV I-f ff 9M7QQMR - Pana 1R of 1G ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number- 200739018 Recorded On 10110/2007 At 12:42:28 PM * Total Pages -- 19 * Instrument Type - MORTGAGE Invoice Number - 6411 user ID - RAK * Mortgagor - SCIORTINO, ANTHONY M * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. *Customer- SERVICE LINK * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $39.50 RECORDER OF DEEDS AF'F'ORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 mnmar_ nnrn 866 _ 50 Certification Page DO NOT DETACH This page is now part of this legal document. Y Certify this to be recorded in Cumberland County PA RECORDER O D EDS rao " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 11111111191111111 nr. r.rrnn?+ n.ne.rn nne r1 AADL71 A kin rni rkirv 1-t fl 0l1171Q(11R_Vvr,c lQ n(1Q 0 Prepared by_ HARRY DAVIS NOTE OCTOBER 01, 2007 (Date) - MECHANICSBURG lcityl 485 HEISEY RD, MECHANICSBURG, PA 17055-9773 !Property Address) PENNSYLVANIA (State) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 266, 000.00 (this amount is called "Principal'), plus interest, to the order of the Lender. The Lender is Countrywide Bank, FSB. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.375 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the FIRST day ofeach month beginning on DECEMBER 01, 2007 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on NOVEMBER 01, 2037 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at P.O. Box 660694, Dallas, TX 75266-0694 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount ofU.S. $ 1, 659. 49 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If l do not pay the full amount of each monthly payment on the date it is due, I will be in default. MULTISTATE FIXED RATE NOTE-Single Family-Fannle Mae/Freddie Mae UNIFORM INSTRUMENT Initials: Page 9 of 2 1-5N (0207).09 CHL (010104)(d) VMP Mortgage Solutlons, Inc. (800)527-7291 Form 3200 1101 a, 111111111 * 2 3 9 9 1 46 LOAN #:? ()GiNAL LOAN (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security instrument without further notice or demand on Borrower. PAY707HE OtmER OF PAY 701M ORDER OF exr r rrRYYNDE (1gN1ts LOANS. INC ?- YrfP OA PIL-'OOURSE --r WnHOur RECOURSE COUNTfryym trVK W 001.94n M M HOME LOANS, NO .ttcEtl 7 DY fytA,thr (>Z ?ja lar,?,? t/u1R1Evemn KOMESJOtANDER r $ZZOmw ePRES(DE a Ei cunvE vicE PRmG DEN(' WI HE HA (S) -3EAQ9)_0F THE UNDERSIGNED. (Seal) ANTHONY M. CIORTINO -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower [Sign Original Onlyl 4W -SN (0207).01 CHL (10104) Page 2 of 2 Form 3200 1101 lq,5-yle Recording Requested By: 1J13111111 Bank of America 1 Prepared By: OOOLNY Diana DeAvila 888-603-9011 450 E. Boundary St Chapin, SC 29036 When recorded trail to: CoreLogic 450 E. Boundary St. Attn: Release Dept. Chapin, SC 29036 DocID# 14617942282710075 Tax ID: 22-11-0280-095 Property Address: 485 Heisey Rd Mechanicsburg, PA 17055-9773 Property Location: Township of MONROE rA00.AM 13989477 3113/20ri This spice forXmrdeYs use Mlle #: MFRS Phone #: - ASSIGNMENT OF MORTGAGE For Value Received, the undersigned holder of a Mortgage (herein "Assignor") whose address is 3300 S.W. 34TH AVENUE, SUITE 101 OCALA, FL 34474 does hereby grant, sell, assign, transfer and convey unto BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP whose address is 8609 WESTWOOD CENTER, VIENNA, VA 22183 all beneficial interest under that certain Mortgage described below together with the note(s) and obligations therein described and the money due and to become due thereon with interest and all rights accrued or to accrue wider said Mortgage. Original Lender: COUNTRYWIDE BANK, FSB Mortgagor(s): ANTHONY M SCIORTINO, AND HEATHER A SCIORTINO Date of Mortgage: 10/1/200", Original Loan Amount: $266,000.00 Recorded in Cumberland County, PA on: 10/1012007, book N/A, page N/A and instrument number 200739018 This Mortgage has not been assigned unless otherwise stated below: I?d MS//WHEREOF, the undersigned has caused this Assignment of Mortgage to be executed on r? - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. fJ J BY '=fl-7E?JU Bud Kamyabi, Assistant Secretary r1 MADC01 A Ain r-nF 1POTv inct # ?M 114551 - Pane 1 of 3 ..? `? State of California County of Ventura On f? before me, Irma Diaz, Notary Public, personally appeared Bud Kamyabi, who proved to me on t fie basis of satisfactory evidence to be the persons whose namefd) is/ardsubscribed to the within instrument and acknowledged to me that heAhe 4wy executed the same in hisAerf wirauthorized capacity(icS), and that by his4mq# * signature(4 on the instrument the persono, or the entity upon behalf of which the personA acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea]. IRMA 01AZ Commission 1903988 JYLI z @My Notary Public - CaliforniVentura County Notatf Public: Irma Diaz (Seal) Comm. Expires Sep 13,204 My Commission Expires: 4/13/2014 I hereby certify that the address of the within named assignee is: 8609 WESTWOOD CENTER, VIENNA, VA 22183 ba Signature nc r?r. rnm- n.cn-nn5 ri M AOr.rn ANIM rnii.mi i-t 119(1417 A SG1-P-9of4 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-5370 Instrument Number - 201114551 Recorded On 5/20/2011 At 12:00:43 PM * Total Pages - 3 * .fastrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 87208 User ID - JM * Mortgagor - SCIORTINO, ANTHONY M * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer - CORELOGIC FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 Certification Page DO NOT DETACH This page is now part of this legal document. TOTAL PAID $50.50 I Certify this to be recorded in Cumberland County PA . ,o RECORDER O D EDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. Wiuuiuii ,)QNC:»n1I O-Fn-An ANA f 1INACCD1 AMr) (`r)l WTV Inod $ OfNI IASFI - Pane 4 of 4 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 PLAINTIFF V. ANTHONY M. SCIORTINO HEATHER A. SCIORTINO 485 HEISEY ROAD MECHANICSBURG, PA 17055-9773 DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 11-8218-CIVIL PLAINTIFF S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OFD Y.' i 11:.1 y} ) ss. COUNTY OF being duly sworn according to law, deposes and says: 1. I am employed in the capacity of A;,k A V;,,. at Bank of America, N.A., as an officer of Bank of America, N.A. Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. The information in this affidavit is taken from Bank of America, N.A.'s business records. I have personal knowledge of Bank of America, N.A.'s procedures for creating these records. They are: (a) made at or near the time of the occurrence of the matters recorded by persons with personal knowledge of the information in the business record, or from information transmitted by persons with personal knowledge; (b) kept in the course of Bank of America, N.A.'s regularly conducted business activities:; and (c) it is the regular practice of Bank of America, N.A. to make such records. 4. The Defendants, Anthony M. Sciortino and Heather A. Sciortino, made executed and delivered a Mortgage upon the premises, 485 Heisey Road, Mechanicsburg, PA 17055-9773, on October 1, 2007, to Mortgage Electronic Registration Systems, Incorporated as a Nominee for Countrywide Bank, FSB. 5. Plaintiff is the last assignee of the Mortgage by virtue of an Assignment of Mortgage dated May 13, 2011 and recorded on May 20, 2011 at Assignment of Mortgage Instrument No. 201114551. 6. Defendants' mortgage payments due February 1, 2011 and each month thereafter are due and unpaid. 7. The amounts due on the mortgage are as follows: Principal Balance $255,563.72 Interest $23,058.31 01/01/2011 through 05/31/2012 @ 6.375 Attorney s Fees $3,508.75 Property Inspections/BPO $115.00 Cumulative Late Charges $248.91 Escrow Deficit $5,885.90 TOTAL $288,380.59 Defendants have failed to reinstate the account. Plaintiff provided Defendants with a Notice of Intention to Foreclose Mortgage. 10. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which accrues to the benefit of Defendants and to the severe detriment of Plaintiff. 11. Plaintiff properly accelerated its mortgage to protect its interests. 4- Aza?? 7r,r,L Name:Mvk; %a CO. 4ea&A, Title: R3bis?w? V t.. %LS"A"?- Bank of America, N.A. On this day of 20g, before me a notary public, the undersigned officer, personally appeared the above named person, known to me (or satisfactory proven) to be the person whose name is subscribed to the within instrument, and acknowledged that shq! executed the same for the purposes therein contained. In witness hereof, I hereunto set my hand and official seal. C MIWIONW TH OF PENNSYLVANIA Stamp/Seal: NOTARIAL SEAL Notary Public Dana M. Maguire, Notary Public North Beaver Township, Lawrence Cowtty M commission expires April 16 2013 Sciortino, PHS# 274682 Court tf Comm Pleas Civil Cover Sheet CUMBERLAND County S E C T I 0 N A For Prothonotary Use Only: Docket No: The information collected on this-form is used solely for court aGlminis1ration purposes. This fol-111 Cloys not elrrlnle lll('111 1)r lho f lill4 (711!1 CPrvirr, of nlonlhnav rw nlhov nlmo- r rn,l A- I-- , ,/ o I Commencement of Action: 0 Complaint ? Writ of Summons ? Petition ? Transfer from Another Jurisdiction ? Declaration of Taking Lead Plaintiff's Name: BANK OF AMERICA, N.A. Lead Defendant's Name: ANTHONY M. SCIORTINO SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L_P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Are money damages requested. ? Yes ? No Dollar Amount Requested: El within arbitration limits (Check one) ?x outside arbitration limits Is this a Class Action Suit? ? Yes ?x No 7 Is this an MDJ Appeal? ? Yes ?x No Name of Plaintiff/Appellant's Attorney: Phelan Hallinan & Schmieg, LLP ? Check here if you have no attorney are a Self-Represented Pro Sel Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ? Intentional ? Buyer Plaintiff Administrative Agencies ? Malicious Prosecution ? Debt Collection: Credit Card ? Board of Assessment ? Motor Vehicle ? Debt Collection: Other ? Board of Elections ? Nuisance ? Dept. of Transportation ? Premises Liability ? Statutory Appeal: Other S E C T I O N B ? Product Liability (does not include mass tort) ? Slander/Libel/ Defamation ? Other: PROFESSIONAL LIABLTTY ? Dental ? Legal ? Medical ? Other Professional: Pa.R. C.P. 205.5 ? Employment Dispute: Discrimination ? Employment Dispute: Other ? Other: ? Zoning Board ? Other: MISCELLANEOUS ? Common Law/Statutory Arbitration ? Declaratory Judgment ? Mandamus ? Non-Domestic Relations Restraining Order ? Quo Warranto ? Replevin ? Other: Updated 01/01/2011 V, Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX: 215-568-7616 Email: complaints@fedphe.com Representing Lenders in Pennsylvania and New Jersey Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P.vs. ANTHONY M. SCIORTINO ACTION IN MORTGAGE FORECLOSURE Dear Sir/Madam: Enclosed are an original and 3 copies of a Civil Action in Mortgage Foreclosure relative to the above captioned matter for filing with your office. A check for filing has been attached in the amount of $92.00. The sheriffs office advised our office on 09/28/2011 that sheriffs costs total COST for this file. If there is a concern regarding the costs, please contact LYNNETTE BRITTON at PH&S; please do not return the Complaint to our office. Please file the Complaint and return your receipt to us in the enclosed stamped, self- addressed envelope, together with a time-stamped copy of the first page of the Complaint. I would also appreciate your taking the additional copies of the Complaint, the check for service, and the enclosed service sheet(s) to the Office of the Sheriff for service on the defendant(s). Thank you for your cooperation. Very u uiy y vurs, Phelan Hallinan & Schmieg, LLP COMPLAINT DEPARTMENT File #: 274682 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX: 215-568-7616 Email: complaints@fedphe.com Representing Lenders in Pennsylvania and New Jersey OVERTIME, WEEKEND SERVICE, MILEAGE APPROVAL To: The Sheriffs Department of CUMBERLAND County Re: Attached Service Request We recognize that service of mortgage foreclosure complaints is a difficult task as many defendants attempt to evade service. Please note that we specifically authorize OVERTIME, WEEKEND SERVICE AND MILEAGE for service. The sheriffs office advised our office on 0912812011 that sheriffs costs total COST for this file. If there is a concern regarding the costs, please contact LYNNETTE BRITTON at PH&S; please do not return the Complaint to our office. Further, we specifically authorize a ten ($10) dollar fax fee for the transmission of the service return to .our office at the service faxline of 215-568-7616. This applies to all cases whether service has been made or not. We would appreciate this fax transmission within 24 hours of the service return completion. Please call Francis S. Hallinan or Dan Schmieg with any questions or requests you may have. Thank you for your efforts. Phelan Hallinan & Schmieg, LLP COMPLAINT DEPARTMENT File #: 274682 PHELAN HALLINAN & SCHMIEG, LLP Robert P. Wendt. Esq.. Id. No.8915n 1617 JFK I3oule%ard. Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 274682 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. ANTHONY M. SCIORTINO HEATHER A. SCIORTINO 485 HEISEY ROAD MECHANICSBURG, PA 17055-9773 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAVA COMPLAINT IN MORTGAGE FORECLOSURE File #: 274682 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 rsnm oon_oinA .,... File 4: 274682 1. Plaintiff is BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: ANTHONY M. SCIORTINO HEATHER A. SCIORTINO 485 HEISEY ROAD MECHANICSBURG, PA 17055-9773 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/01/2007 ANTHONY M. SCIORTINO and HEATHER A. SCIORTINO made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COUNTRYWIDE BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200739018. By Assignment of Mortgage recorded 05/20/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201114551. 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 02/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified File #: 274682 by written notice sent to Mortga-or, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 08/12/2011: Principal Balance $255,563.72 Interest $9,994.76 01/01/2011 through 08/12/2011 Late Charges $248.91 Property Inspections $35.00 Escrow Deficit $756.39 TOTAL $266,598.78 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. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 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. 9. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File #: 274682 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $266,598.78, 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: v ` '/W? Ro ert P. Wendt, Esq., Id. No.89150 Attorney for Plaintiff File #: 274682 LEGAL DESCRIPTION All that certain parcel of land situate in the East side of Heisey Road, in the Township of Monroe, County of Cumberland and Commonwealth of Pennsylvania, being known and designated as follows: Parcel 1: BEGINNING at a concrete monument on the eastern dedicated right-of-way line of Heisey Road, T-560, at line of Lot No. 22 on the hereinafter mentioned Plan of Lots; thence along the Eastern dedicated right-of-way line of Heisey Road, T-560, North 00 degrees 27 minutes 40 seconds West, a distance of 100.47 feet to a point; thence along Lot No. 20 on the hereinafter mentioned Plan of Lots, North 89 degrees 36 minutes 55 seconds East, a distance of 199.13 feet to a point; thence along other lands now or formerly of Donald E. Deckman and Marian R. Deckman, husband and wife, -South 00 degrees 23 minutes 00 seconds East, a distance of 100.47 feet to a point; thence along line of Lot No. 22 on the hereinafter mentioned Plan of Lots, North 89 degrees 36 minutes 55 seconds West, a distance of 198.99 feet to a concrete monument, the place of BEGINNING. Being Lot No. 21 on a Final Plan of Major Subdivision for Donald E. Deckman, prepared by Rodney Lee Decker and Associates, dated October 21, 1986 and recorded in Subdivision Plan Book 51, Page 140. Parcel 2: File #: 274682 BEGINNING at a concrete monument set on the Easternmost dedicated right-of-way line of Heisey Road (T-560), at the common point of adjoiner of Lots No. 20-A and No. 20-B on the hereinafter mentioned plan; thence departing from said right-of-way and extending along Lot No. 20-A, North eighty-nine (89) degrees thirty-six (36) minutes fifty-five (55) seconds East, for a distance of one hundred ninety-nine and nineteen hundredths (199.19) feet to a steel pin at other lands now or formerly of Donald E. Deckman and Marian R. Deckman, husband and wife; thence extending along said land, South zero (00) degrees twenty-three (23) minutes five (05) seconds East for a distance of fifty and twenty hundredths (50.20) feet to a steel pin at Lot No. 21; thence extending along Lot No. 21, South eighty-nine (89) degrees thirty-six (36) minutes fifty-five (55) seconds West, for a distance of one hundred nineteen and thirteen hundredths (119.13) feet to a steel pin set on the Easternmost dedicated right-of-way line of Heisey Road; thence extending in and along said right-of-way line, North zero (00) degrees twenty-seven (27) minutes forty (40) second West, for a distance of fifty and twenty hundredths (50.20) feet to a concrete monument at Lot No 20-A, said monument marking the place of BEGINNING. BEING designated as Lot No. 20-B on an Amendment of a final plan of major subdivision prepared for Donald E. Deckman by Rodney Lee Decker and Associates, which Amendment is dated January 14, 2004, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 89, Page 22. TOGETHER with all and singular the buildings, improvements, ways, streets, alleys, driveways, passages, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof, and all the estate, right, title, File #: 274682 interest, property, claim and demand whatsoever of Grantor(s), as well at law as in equity, of, in, and to the same. PROPERTY ADDRESS: 485 HEISEY ROAD, MECHANICSBURG, PA 17055-9773 PARCEL # 22-11-0280-095 File #: 274682 VERIFICATION i , hereby states that h s e OiCk ?p ;Art?of, BANK OF AMERICA, N.A., Plaintiff in this matter, that he she 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 hi er owledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATEO?E???(? _ File #: 274682 Name: SCIORTINO (:::?L -1 ?. 1) Ila Name: Lclk ? Title:e?S6? BANK OF AMERICA, N.A. File #: 274682 Request for Service R T"onias K!:..e cheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 BANK OF AMERICA, N.A. SUCCESSOR Court Number: $ctNum BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE Expiration Date: HOME LOANS SERVICING, L.P. Type of Action: Mortgage Foreclosure Complaint Defendant/s: ANTHONY M. SCIORTINO, HEATHER A. SCIORTINO Serve Upon: ANTHONY M. SCIORTINO Address for Service: 485 HEISEY ROAD MECHANICSBURG, PA 17055-9773 Alternate Address for Service: Type of Service: ? Personal ? Adult in Charge ? Deputize ? Certified Mail ? Posting (copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another county please specify which county Filing Attorney's Information: Name: Phelan Hallinan & Schmieg, LLP Francis S. Hallinan, Esquire Address: 1617 JFK Boulevard, Suite 1400 one Penn C,-ntPr PIa7A Philadelphia, PA 19103 Telephone: 215-563-7000 x 1482 Request for Service 1? jhnm?c Kl;ne Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717240.6397 BANK OF AMERICA, N.A. SUCCESSOR Court Number: $ctNum BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE Expiration Date: HOME LOANS SERVICING, L.P. Type of Action: Mortgage Foreclosure Complaint Defendant/s: ANTHONY M. SCIORTINO, HEATHER A. SCIORTINO Serve Upon: HEATHER A. SCIORTINO Address for Service: 223 SOUTH ENOLA DRIVE # A ENOLA, PA 17025 Alternate Address for Service: 485 HEISEY ROAD MECHANICSBURG, PA 17055-9773 Type of Service: ? Personal ? Adult in Charge El Deputize ? Certified Mail ? Posting (copy of court order required) Special Serv ice Instructions: **If service is to be made by deputized service to another county please specify which county A F mg tt orney's Information: Name: Phelan Hallinan & Schmieg, LLP Francis S. Hallinan, Esquire Address: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Telephone: 215-563-7000 x 1482 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Shenii One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 BANK OF AMERICA, N.A. SUCCESSOR Court Number: $ctNum BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE Expiration Date: HOME LOANS SERVICING, L.P. Type of Action: Mortgage Foreclosure Complaint Defendant/s: ANTHONY M. SCIORTINO, HEATHER A. SCIORTINO Serve Upon: HEATHER A. SCIORTINO Address for Service: 485 HEISEY ROAD MECHANICSBURG, PA 17055-9773 Alternate Address for Service: 223 SOUTH ENOLA DRIVE # A ENOLA, PA 17025 Type of Service: ? Personal ? Adult in Charge ? Deputize ? Certified Mail ? Posting (copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another county please specify which county Filing Attorney's Information: Name: Phelan Hallinan & Schmieg, LLP . Francis S. Hallinan, Esquire Address: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Telephone: 215-563-7000 x 1482 F ? .erg j??{} j 1\J, 4/04/2012 Tony Sciortino 485 Heisey Rd. Mechanicsburg, PA 17055 717-439-3161 NO. 11-8218-CIVIL Cumberland County Bank ok America, N.A. Successor by Merger to BAC Home Loans Servicing, L.P. F/K/A Countrywide Home Loans Servicing L.P. Plaintiff, VS. Anthony M. Sciortino Heather A. Sciortino Defendants(s) 2012 APR IS AM 11: < <1 "UMBERLAND COUNT °ENNSYLVAti TO: Office of the Prothonotary Cumberland County Courthouse, I Courthouse Square, Carlisle PA 17013 I represent myself. All pleadings, motions, notices, or other papers should be served on me. I have been working with Bank of America for the past 12 months on a home modification loan and have replied to all questions and provided all documentation that has been asked for. Even though I have been doing my due diligence by providing everything asked for they have been impossible to work with. They continue to ask for the same documentation, 8 times now, and refuse to return my phone calls. I have escalated my concerns to my client reps supervisor and still have not had any return phone calls. I was under the understanding that since I continue to work with them that would prevent a filing of foreclosure but obviously they are not communicating with the persons who have filed the complaint. In addition they have made the claim I am not living in my house which in turn cancelled my home owners insurance. I have provided BOA and Travelers copies of my paid Electric bill showing my usage proving I still reside in my home but as usual I have been ignored. My dealing with BOA has been dehumanizing and unfair and they clearly do not want to work with me. This being said after the last go around of them asking me for the same documentation for a 9th time explained I no longer want to pursue a loan modification and would like to proceed with a short sale. Although I provided this in writing to them as asked I still have not been contacted on the next steps. In addition I am hiring a realtor to put my home up for sale. All I want to do is work with BOA on a resolution that will work for both of us. The options of a short sale, regular sale or reinstatement payment will give both of us acceptable results if Bank of America would actually put some time in to working on this with me. ( k A ? -L?- -1 -- ?j N doll Bank of America Hone Loans PO Box 9048 Temecula. CA 92589-9048 Send Payments to: P.O. Box 15222 Wilmington. DE 19886-5222 Send Correspondence to: PO Box 5170, MS SV314B Simi Valley, CA 93065 kW. 7196 9006 9295 1185 6369 20110404-7 Anthony M Sciortino 485 Heisey Rd Mechanicsburg, PA 17055-9773 PRESORT First-Class Mail U.S. Postage and Fees Paid WSO 8LQPAt 1267012/23/2010 Bankof America Send Payments to: Hall loans P.O. Box 15222 P, 0. Box 660694 Wilmington, DE 19886-5222 Dallas, TX 75266-0694 April 4, 2011 Certified Mail: Anthony M Sciortino 7196 9006 9295 1185 6369 485 Heisey Rd Return Receipt Reauested Regula r Mail Mechanicsburg, PA 17055-9773 Account No.: 1 7 94 22827 Property Address: 485 Heisey Rd Mechanicsburg, PA 1 7 055-97 73 Current Servicer: BAC Home Loans Servicing, LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortaaae on Your home is in default, and the lender intends to foreclose. Specific information about the nature of the defauk is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselina Aaencv The names, addresses and phone numbers of Consumer Credit Counselina Agencies servina your County are listed at the end of this Notice. If you have any questions. you may calthe Pennsvlvania Housina Finance Aaencv toll free at 1-800-342-2397. (Persons with impaired hearina can call 1-717-780-18691 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAC16N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Anthony M Sciortino PROPERTY ADDRESS: 485 Heisey Rd Mechanicsbura. PA 1 70 55-9 773 LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: BAC Home Loans Servicing. LP. a subsidiarv of Bank of America. N.A. This communication is from BAC Home Loans Servicing, LP, the Bank of America company that services your home loan Please write your account number on all checks and correspondence. We may charge you a fee (of up to $40.00) for any payment returned or rejected by your financial institution, subject to applicable law. SLOPA1 12670 1212MO10 Payment Instructions: Account Number: 179422827-8 - Make your check payable to BAC Anthony M Sciortino Balance Due fo r charges listed above: $6,491.98 as of April 4, 2011. Home Loans Servicing, LP 485 Heisey Rd Please update e-mail information on the reverse side of this coupon- . D-1 send rash Please include coupon with your Mechanicsburg, PA 17055-9773 Aroma payment pdr,c;? BLDPAI For all full month payment periods, FA--1 interest is calculated on a monthly basis. III, I II, 1 I 111 IJ I, "1 '?'? ' '??? ' ' ?? ' " " Escrow Accordingly, interest for all full months, I I I 1 I I 1 I 1111 111 I I I I inauding February, is calculated as BAC Home Loans Servicing, LP 301360 of annual interest, irrespective of Fsok the actual number of days in the month. PO BOX 1 5222 7wa! For partial months, interest is calculated Wilmington, DE 19886-5222 daily on the basis of is 365 day year. 1-800-669-6654 179422827800000649198000649198 e: 58 6 9 900 581: 1 7 9 1. 2 2 8 2 40 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for Thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (301 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF_THIS _ NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for Thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of desianated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice- Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within Thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINSTYOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN A STATE OF DEFAULT DUE TO THE REASONS MENTIONED IN THIS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE. NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 485 Heisey Rd Mechanicsburg, PA 17055-9773 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthlv Charaes: 02/01/2011 Late Charaes: 02/01/2011 Other Charges: Uncollected Late Charges: Uncollected Costs: Partial Payment Balance: TOTAL DUE: YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable) $6,326.04 $165.94 $0.00 $0.00 ($0.00) $6,491.98 This communication is from BAC Home Loans Servicing, LP, the Bank of America company that services your home loan. E-mail use: Providing your e-mail address below will allow us to send you information on your account. Account Number: 179422827 Anthony M Sciortino E-mail address: How we post your payments: All accepted payments of principal and interest will be applied to the longest outstanding installment due, unless otherwise expressly prohibited or limited by law. If you submit an amount in addition to your scheduled monthly amount, we will apply your payments as follows: (i) to outstanding monthly payments of principal and interest, (ii) escrow deficiencies, (iii) late charges and other amounts you owe in connection with your loan and (iv) to reduce the outstanding principal balance of your loan. Please specify if you want an additional amount applied to firture payments, rather than principal reduction. Postdated checks: Postdated checks will be processed on the date received unless a loan counselor agrees to honor the date written on the check as a condition of a repayment plan. HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $6,491.98 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: BAC Home Loans Servicing, LP at P.O. Box 15222, Wilmington, DE 19886-5222. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements underthe mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: BAC Home Loans Servicing, LP Address: P. O. Box 660694 Dallas, TX 75256-0694 Phone Number: 1-800-669-6654 Fax Number: 1-817-230-6811 Contact Person: MS TX2-977-01-13 Attention: Loan Counselor We are currently developing a process to ensure secure email communications for your Home Retention inquiries. In the interim, please contact us at the telephone number or address provided. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied- YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Your loan is in default. Pursuant to your loan documents, BAG Home Loans Servicing, LP may, enter upon and conduct an inspection of your property. The purposes of such an inspection are to (i) observe the physical condition of your property, (ii) verify that the property is occupied and/or (iii) determine the identity of the occupant. If you do not cure the default prior to the inspection, other actions to protect the mortgagee's interest in the property (including, but not limited to, winterization, securing the property, and This communication is from BAC Home Loans Servicing, LP, the Bank of America company that services your home loan. valuation services) may be taken. The costs of the above-described inspections and property preservation efforts will be charged to your account as provided in your security instrument. If you are unable to cure the default on or before May 4, 2011, BAG Home Loans Servicing, LP wants you to be aware of various options that may be available to you through BAG Home Loans Servicing, LP to prevent a foreclosure sale of your property. For example: Repayment Plan: It is possible that you may be eligible for some form of payment assistance through BAC Home Loans Servicing, LP. Our basic plan requires that BAG Home Loans Servicing, LP receive, up front, at least '/z of the amount necessary to bring the account current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time. Other repayment plans also are available. Loan Modification: Or, it is possible that the regular monthly payments can be lowered through a modification of the loan by reducing the interest rate and then adding the delinquent payments to the current loan balance. This foreclosure alternative, however, is limited to certain loan types. Sale of Your Property: Or, if you are willing to sell your home in order to avoid foreclosure, it is possible that the sale of your home can be approved through BAG Home Loans Servicing, LP even if your home is worth less than what is owed on it. • Deed-in-Lieu: Or, if your property is free from other liens or encumbrances, and if the default is due to a serious financial hardship which is beyond your control, you may be eligible to deed your property directly to the Noteholder and avoid the foreclosure sale. If you are interested in discussing any of these foreclosure alternatives with BAC Home Loans Servicing, LP, you must contact us immediately. If you request assistance, BAG Home Loans Servicing, LP will need to evaluate whether that assistancewill be extended to you. In the meantime, BAC Home Loans Servicing, LP will pursue all of its rights and remedies under the loan documents and as permitted by law, unless it agrees otherwise in writing. Failure to bring your loan current or to enter into a written agreement by May 4, 2011 as outlined above will result in the acceleration of your debt. If your loan is currently being evaluated for a loan modification, forbearance or other loan assistance solution, this notice will not cancel or delay that evaluation process. However, it is important that you promptly respond to all requests made in connection with your evaluation for a loan assistance solution, including all requests for you to contact us and any documentation required. If you do not comply with these requests in a timely manner, it may cause your loan to enter the foreclosure process as indicated in this notice. If your loan is not eligible for a loan assistance program, please note this letter will continue to serve as notice of our right to initiate foreclosure. Time is of the essence. If you have any questions concerning this notice, please contact Loan Counseling Center immediately at 1-800-669-6654. This communication is from BAC Home Loans Servicing, LP, the Bank of America company that services your home loan. Attachment: Itemization of Charges and Fees Monthly Charaes: 02/01/2011 - 04/3012011 Late Charaes: 02/0112011 - 03/31/2011 Other Charges: Uncollected Late Charges: Partial Payment Balance: @ TOTAL DUE: $2,108.68 $82.97 $6,326.04 $165.94 $0.00 0.00 $6,491.98 M?v This communication is from BAC Home Loans Servicing, LP, the Bank of America company that services your home loan. 7196 9006 9295 1185 6369 CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.3422397 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717.334.1518 This communication is from BAC Home Loans Servicing, LP, the Bank of America company that services your home loan. Options are Available to Help You Avoid Foreclosure Call the number on the enclosed notice to learn more. When you call, please have your income and expense information available so we can discuss which option(s) could work for you. Options to consider if your goal is to stay in your home ;> Home A federal government program that allows you to repay the loan on newly agreed upon terms, which Affordable may include lowering the interest rate, placing past due amounts at the end of the loan, and/or Modification extending the term of the loan. You may be eligible for this program if you meet the following Program requirements: (HAMP) • The home is your primary residence and you currently live in it. • The amount you owe on the first mortgage is equal to or less than $729,750 for a single-family home, $934,200 for a 2 unit property, $1,129,250 for a 3 unit property or $1,403,400 for a 4 unit property • You have experienced a hardship that has impacted your income. For example, a significant increase in your mortgage payment OR reduction in your income OR other hardship. Your mortgage was obtained before Jan. 1, 2009. • Your payment on your first mortgage (including principal, interest, taxes, insurance and homeowner's association dues, if applicable) is more than 31 % of your current gross income. To calculate this, divide your first mortgage payment by your gross income (income before taxes). Loan If you can bring your loan payments up to date, we will accept the funds needed to bring the loan up Reinstatement to date until the day of your foreclosure sale. Repayment A temporary agreement which allows for the repayment of the unpaid, past due amount along with Plan regular mortgage payments. This may include principal, interest, fees, and/or costs assessed to your loan. Temporary An agreement whereby we agree not to proceed with foreclosure and/or collection of payments for a Forbearance period of time, to allow you to re-establish your ability to make the required payments. Agreement Loan Repay the loan on newly agreed upon terms, which may include lowering the interest rate, placing Modification amounts past due at the end of the loan, and/or extending the term of the loan. (non-HAMP) Partial Claim If you have a Federal Housing Administration (FHA) loan and your payments are past due but you (FHA loans are now able to make your regular monthly mortgage payment, this program is designed to bring your Only) loan up to date by creating a second mortgage/lien on your property for the amount that is past due. Options to consider if you cannot or do not wish to stay in your home Home Designed to help borrowers who are eligible for the Home Affordable Modification Program (HAMP) Affordable but were unsuccessful in securing a permanent modification through the program. HAFA provides the Foreclosure option of a short sale and, if unsuccessful, a deed in lieu of foreclosure. A short sale is a transaction Alternatives in which you sell your property for less than the total amount owed on the loan (subject to agreement Program by your servicer/lender/investor), resulting in the release of our lien on your home and avoidance of (HAFA) foreclosure. A deed in lieu of foreclosure is a transaction in which you agree to voluntarily transfer ownership of your property to us in order to avoid foreclosure. Short Sale/ Offered to borrowers who are not eligible for HAMP or other home retention alternatives. With a short Preforeclosure sale, you sell your property for less than the total amount owed on the loan (subject to agreement by Sale your servicer/lender/investor), resulting in the release of our lien on your home and avoidance of (non-HAFA) foreclosure. Deed in Lieu of Offered to borrowers not eligible for HAMP or other home retention alternatives, and who were not Foreclosure able to sell the property through a short sale. With a deed in lieu of foreclosure, you agree to (non-HAFA) voluntarily transfer ownership of your property to us in order to avoid foreclosure. We are here to help you. Please call us today. 7196 9006 9295 1185 6369 Hay Opciones Disponibles Para Ayudarle a Evitar la Ejecucion Hipotecaria Llame al numero que aparece en la notificacion adjunta para obtener mas informacion Cuando (lame, tenga la informacion de sus ingresos y gastos disponibles Para quo podamos discutir cual opcibn(es) pueden funcionar Para usted_ Opciones a considerar si su objetivo es permanet:er en su casa <::: : :<1r. 41. ......................................... Home Affordable . ................................................................................................................................................................................:.......................... Un programa del gobierno federal que le permite pagar el prestamo bajo los nuevos terminos Modification acordados, que pueden incluir la reduccibn de la tasa de interes, agregando la cantidad adeudada Program (RAMP) al final del prestamo, y / o extender el plazo del prestamo. Usted puede ser elegible para este programa si cumple con los siguientes requisitos: • La casa es su residencia principal y actualmente vive en ella. • La cantidad adeudada en la primera hipoteca debe ser igual o menos clue $729,750 dblares para una vivienda unifamiliar, $934,200 dblares para una propiedad de 2 unidades, $1,129,250 dblares para una propiedad de 3 unidades o $1,403,400 para una propiedad de 4 unidades • Ha experimentado una dificultad clue ha afectado sus ingresos. Por ejemplo, un aumento significativo en su pago hipotecario O reduccibn de sus ingresos U otras dificultades. Obtuvo su hipoteca antes del 01 de enero 2009. • Su pago de la primera hipoteca (incluyendo principal, interes, impuestos, seguro y cuotas de asociacibn de propietarios, si se aplica) debe ser mas del 31 % de sus ingresos brutos actuales. Para calcular esto, divida su pago hipotecario por sus ingresos brutos (ingresos antes de impuestos). Restablecimiento Si usted puede traer sus pagos del prestamo hipotecario al dia, se le aceptaren los fondos del Prestamo necesarios para que el prestamo este al dia hasta la fecha de la venta judicial. Plan de Pago Un acuerdo temporal clue permite el pago de la cantidad adeudada, cantidad del pago atrasado junto con los pagos regulares de la hipoteca. Esto puede incluir principal, interes, honorarios y/o costos aplicados a su prestamo. Acuerdo Un acuerdo por el cual nos comprometemos a no proceder con la ejecucibn hipotecaria y/o Temporal de coleccibn de pagos por un periodo de tiempo, para permitirle clue restablezca su habilidad de Tolerancia hacer los pagos requeridos. Modificacidn de Pagar el prestamo bajo los nuevos terminos acordados, clue puede incluir la reduccibn de la tasa Prestamo de interes, agregando la cantidad adeudada al final del prestamo, y/o extender el plazo del (no por medio prestamo. de RAMP) Reclamo Parcial Si usted tiene un prestamo de la Administracibn Federal de Vivienda (FHA) y sus pagos esten (solamente vencidos, pero ahora puede hacer sus pagos regulares mensuales de la hipoteca, este programa prestamos de to este disenado para que su prestamo este al dia mediante la creacibn de una segunda hipoteca / FHA) gravamen sobre su propiedad por la cantidad adeudada. Opciones a considerar si no puede o no desea quedarse en su casa Home Disefiado para ayudar a los prestatarios clue son elegibles para el Programa de Home Affordable Affordable Modification (HAMP), pero no tuvieron exito en obtener una modificacibn permanente a traves del Foreclosure programa. HAFA ofrece la posibilidad de una venta corta y, si no tiene exito, una entrega de Alternatives escritura para evitar juicio hipotecario. Una venta corta es una transaccibn en la clue usted vende su Program propiedad por menos de la cantidad adeudada en el prestamo (sujeto a previo acuerdo de su (HAFA) administrador / prestamista / inversionista), resultando en la liberacibn de nuestro derecho de retencibn sobre su propiedad y evitar la ejecucibn hipotecaria. Una entrega de escritura para evitar juicio hipotecario es una transaccibn en la clue usted est;5 de acuerdo de transferir voluntariamente las escrituras de su propiedad a nosotros con el fin de evitar la ejecucibn hipotecaria. Venta Corta/ Se ofrece a los prestatarios clue no son elegibles para HAMP u otras alternativas de retencibn de Venta antes de hogar. Con una venta corta, usted vende su propiedad por menos de la cantidad total adeudada en Ejecucion el prestamo (sujeto a un acuerdo por su administrador / prestamista / inversionista), resultando en la Hipotecaria (no liberacibn de nuestro derecho de retencibn sobre su propiedad y evitando la ejecucibn hipotecaria. por medio de HAFA) Entrega de Se ofrece a los prestatarios clue no son elegibles para HAMP u otras alternativas de retencibn de Escritura Para hogar, y clue no pudieron vender la propiedad a traves de una yenta corta. Con una entrega de Evitar Juicio escritura para evitar juicio hipotecario, usted este de acuerdo a transferir voluntariamente las Hipotecario escrituras de su propiedad a nosotros para evitar la ejecucibn hipotecaria. (no por medio de HAFA) Estamos aqui para ayudarle. Por favor llamenos hoy. USPS.com® - Track & Confirm Page 1 of 1 Enr71i!:h ???yxe!!tt i:;a5tovner SC--' USPS Mobile R"ish!r+ Sign In -? w. PS Track & Confirm You entered: 71969006929511856369 Status: Delivered Your item was delivered at 2:51 pm on April 09, 2011 in MECHANICSBURG, PA 17055. Additional information for this item is stored in files offline. You may request that the additional information be retrieved from the archives, and that V send you an e-mail when this retrieval is complete. Requests to retrieve additional information are generally processed within four hours. This information will remain online for 30 days. I would Iik: to r -- notification - this request Find Another Item 1rlftafs your label (or receipt) number7 f Ind LEGAL ON USP S.COM I AC'S , ON ABOUT.OSPS.COM 1 OTHER USPS SITES I I https://tools.usps.com/go/TrackConfirmAction?qtc_tLabelsl=71969006929511856369 7/25/2012 PHELAN HALLINAN & SCHMIIW, *XUMAIty Attorney for Plaintiff Joseph Schalk, Esquire 1617 JFK Boulevard, Suite 1400 2612 JUN 27 AN 10: 48 One Peon Center Plaza ?TLy?11t11 TY Philadelphia, PA 19103 215-563-7000 Bank of America, N.A. Successor by Cumberland County Merger to BAC Home Loans Servicing, L.P. FAUA Countrywide Home Loans Court of Common Pleas Servicing, L.P. Civil Division VS. No. 11-8218-Civil Anthony M. Sciortino Heather A. Sciordno PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSME NT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against HEATHER A. SCIORTINO. Defendant for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint TOTAL $266,598.78 S266,598.78 I hereby certify that (1) the Defendant's last known address is 223 SOUTH ENOLA DRIVE # A, ENOLA, PA 17025, and (2) that notice has been given in accordance with RW Pa.R.C.P 237.1. Date '? T h Shall! R ,,.,.,ft Ott ey'?or Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: U khq PM # 274682 a n - INE1W PROTHONOTARY 274682 (Rule of Civil Procedure No. 236) - Revised Bank of America, N.A. Successor by Cumberland County Merger to BAC Home Loans Servicing, L.P. F/K/A Countrywide Home Loans Court of Common Pleas Servicing, L.P. Civil Division vs. : No. 114218-Civil Anthony M. Sciortino Heather A. Sciortino t Atli Notice is given that a Judgment in the above captioned matter has been entered against you on a? t ,r i By: 3.0 If you have any questions concerning this matter please contact: Phelan Hallinan 8t Schmieg, LLP Joseph Schak Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FLRMISA DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBT AND ANYINFORMATIONOBTAINED WILL BE USED FOR THATPURPDSE. IF YOU HAVE PRE VIO USL Y RECEIVED A DISCHARGE INBAN" UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** 274682 Phelan gallinan & Schmzeg, LLP 1617 JFK Boulevard, Suite 1400 one Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Fax #: 215-568-7616 VICTORIA SNICTAREVA Representing Lenders in Legal Assistant Pennsylvania and New Jersey May 1, 2012 Office of the Prothonotary Cumberland County Courthouse, I Courthouse Square Carlisle, PA 17013 Re: BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. FIKIA COUNTRYWIDE HOME LOANS SERVICING, L.P. v, ANTHONY M. SCIORTINO, and HEATHER A. SCIORTINO No. 11-8218-CIVIL Action in Mortgage Foreclosure Premises: 485 HEISEY ROAD, MECHANICSBURG, PA 17055-9773 Dear Sir/Madarn: I would appreciate your entering a Judgment against defendant(s), ANI` TONY M. SCIORTINO, and HEATHER A. SCIORTIN?O, relative to the above matter. Enclosed is the original Praecipe Par Default Judgment with copies of 237.1 notices for your records, together with my check to your order for payment of fees and costs. In addition, please mail tin-u-stamped copies of the Default Judgment to the defendant(s) in the pre- addressed stamped envelopes included. Kindly, send. me your receipt and a stamped copy of the Praecipe for Default Judgment in the stamped self-addressed envelope, which .I have provided. If there are anv questions concerning the above matter, please contact me immediately. Yours truly; VICTORIA SNIGAREVA for Phelan l lallinan & Sclimieg, LLP 274682 PHEI,AN HAI.LINAN & SCHMIE(i. IA P Matthew Bnzshwood, Esq.:. Id. No.3 f 0592 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, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. V& ANTHONY M. SCIORTINO HEATHER A. SCIORTINO Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 11-8218-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO ` I-IE' PRO' I'I ION OTARY: Kindly enter judgment in favor of the Plaintiff and against ANTHONY M. SCIORTINO, .end HEATHER A. SCIORTINO, Defendarit(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 TO1'A_I_. $266,598.78 $266,598.78 I hereby certify that (1) the Defendants' last known addresses are 485 HEISEY ROAD, MECHANICSBURG, PA 17055-9773 and 223 SOUTH ENOI,A DRIVE,4 A, ENOI.,A, PA 17025, and (2) that notice has been given in accordance with 1 Zla 37.1, 2 Date M,ttl wood, Esquire Attorney for Plaintiff DAMAGES ARL lIEREBY ASSESSED AS INDICATED. DATE: ?! 9s " ..74bS_2 PROTHONOTARY 274682 PHELAN HALLINAN & SCIIMIEG, 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, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. VS. ANTHONY M. SCIORTINO HEATHER A. SCIORTINO No. 11-8218-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as arnended. (b) that defendant ANTHONY M. SCIORTINO is over 18 years of age and resides at 485 1lEfSEY ROAD, MECHANICSBURG, PA 17055-9773. (c) that defendant IIEATIIER. A. SCIORTINO is over 18 years of age and resides at 485 IIEISEY ROAD, MECIIANICSBURG, PA 17055-9773 and 223 SOUTH ENOLA DRIVE # A, ENOLA, PA 17025. This statement is made subject to the relating to unsworn falsification to authorities. Date A Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Pa. C.S. Section 4904 Efod, Esquire aintiff 274682 (Rule of Civil Procedure No. 236) - Revised BANK OF AMERICA, N.A. SUCCESSOR CUMBERLAND COUNTY BY MERGER TO BAC HOME LOANS SERVICING, I.P. F/K/A COUNTRYWIDE COURT OF COMMON PLEAS HOME LOANS SERVICING, L.P. VS. CIVIL DIVISION ANTHONY M. SCIORTINO No. 11-8218-CIVIL HEATHER A. SCIORTINO Notice is given that. a Judgment in the above captioned matter has been entered against you on By: If you have any questions concerning this matter please contact: Phelan Ilallinw--i & Schmieg, LLP Matthew Brushwood, Esquire Attorney for Plaintiff 1617 .IFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANYINFORMAATIOA'OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOIiSL Y RECEI VED A DISCIIARGE IN BAIVKR UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECT A DEBT, BUT ONLI'E.NFORCEMENT OFA LIF_NAGATM57'PROPERTY. ** 274682 B2", vK.OT' A`dLKICA, N.A. St r_C.I:SSOK f3Y bvll P,(ll:;R I'C.? t>_ C IIOMWI LOANS SERVIC 1,NG 5 RVICI' G, 1, R I'! KN U A,NTTf()N '";'N;1. SCiC31?11M) Defendant{s DATE OF NOTIC CIVIL 1.f ). ANTFIONY ?.?I. SCH)WFINO 4 ` HEISEY IZC-AI:) ?III C i IANIf.'S131 N G, PA 17C1: S ? 773 M, ..k -.,. .__?___... ...,_..._ 541 :1121811M Ct. `V11 IIRT-lN J) C .#.tl 'Y THIS FrRA-1 IS A, DEBT C. (,)I, J..;C"lOR AT-] l."MPTING "1"O MEN ' A I;)>I T. TTIIS NOW 0 r: IS Sl-:\11' 'I'C) YOU IN AN t>,` lf,,N11'°I O ( , :f THE I C)I I3'1 t.I) ;}: ?S ItI;E EItItI D TC) IIEKE-.IN, AND ANN' 1NFOR144A'I ION OKFAIi AA? FRCA4 WE 'VIVII L I3 . 'USED FOR" fl,&T PC'I P0SF- IF YOU I.CAVE PRIsMUSLY R1 C:;??`IVET I) A (?I' >C.;FIi?:l tai? TN HA.NKIil..lE'".1"C;Y. 'BUS ;t:)IPASI'r?N.31:'s.NCE, 'S NOT ANT) NOT BE Trs ll, AN A,l".'EMP-I F(C) l-( ,,I,F:(`A I71'.FI"I`, B C)N.L.Y AS I_;Nf'0P(`',Alj',N,' C. 1,11,,'N AO"UNS7` PROPIAITY. M T'() I3 TAX r NC)'I' (q j-r YC)": flitl:', IN .I EJ'Al_(I T lit ACSI YOU IIAVE I AILki) '10 I N'I FR A WRITTEN API'EAkA:l CE. PERSONALLY OR BY =l`I ORNI Y AN.I) FILE IN WRFII;`J<__; Wl'lIt I11E CC(;Rj' YOUR DEFENSES OR OBJ :CTIONS "1'C) FIIE CLAIMS SET FORTH AGAINST YOU. t)NLESS YC)() AC71' WITTIIN TEN DANE FR MM THE DAT1";. 01 T.:I IIS NOTICE, A 3C;1:)t itvlEN"I' 111;14 BE ENHE-RED AGAINST YOU tr IT11UC "T A H "RING AND YO(: JAAY IPSF YOUR PIMPI RTY OR OTII TR, P%41'01,? I'ANT KICi I ITS. YOU SHOULD TAKE THIS PAPER TO YC}UP LAWYER Al` 0NCI - IF YOU DO NOT HAVE A L., WN T R. C K) ,'t.) OK ELMtiNE WE OFFICE SF FORTT _ BF10W THIS (_ F CE CAN PRO VT )I1: YOU I W,411 .C'() fi-FA"1 IO N ;1'3C?(t.l. III}`IItiC; A i..='tirYl'.I( 11= YOU C:ANi`,,0 AFFT)RD To CII:RE ]-ANrYI?I(, :'III4 t)I'I''Ir'}:: `,JAY i Ai-31_H TO 1'llt)X'I,)L 5'0(; Wi I'{'-I It4I c`l:(`olAl.t_> t 11 i::f,RATBI It I9?:.(S0N : rV .- LI r) _iC?_1; F)"T:_ .)R N; I I Ufficu o t r Prothoratva-Y C.. umlbe•land Coutaty Cc?u::hotisc t_;arli ,l PA P013 \ c., 240 6105 ASS(i(:7.t4,`)'IC N ,C1,1i• B RL ND (.;{.)UN Y `::f?( I("II(.)t1: L 2 LIT3I ?`C"Y A`v'I;It 111 1117) 249.3166 3 1_):amt''s I .,quire p Ia irliitf I'l.e(ar; Iiallir??ari & ;c_;??iier;: ?._I 1= 161 .. l?K. 40„ 'hiladel ph a, PA I Q 103 BAI W f }FAMERIC;A, N ,A. St)C C,E:SSOR BY TO BAC HONTE 1,0'.NS SY R IC ING, J,.Y, i"X;:A CU1. NTRYLvIDE i-i(.)NIF l_OANS SE'R'VI(ANIG, L.P. llhlintiil` V, ANTHONY M. `CIO RT[NO I? 111 ER. A, SC'lOR`I`]NO )(!''Cfl aut.f>) IILNI'IIER A. SCIOR'FI O ENOL A, PA 170121) I)A I E 0 NC)1 ICP : .' ti 1 VII, D[VISON £ .;' lP1RI-A1,41" C()(iN' ,` TI HIS I'tIv' 1 IS A .DEBT /COI I,I CT'OR n`1'Fr1?1' I'I_N(.? 1 t:3 C.X.).1 t"C A [71:13 1. T Ills NOTICE IS i1?N" TO YOU T 11 N A"1"' Ji'?Y l I' 'J.O COI1I FC,"I' '1`131-: INDEBTEDNESS RI I°71R. E=:1) TO 11EREIN, AND E vY IE`FC 1tii1;?€IOT C}73"1't`t1N.:C:; Fl ONO YO(J W IA, BlE [ SED E )E1. T11A`1" I'UIWOS[ . IF YOU H.A`r'I PI(EV1011SL's' RFC'F,?t%1 I;) A D[S'CFJARGE' IN j'5A.NKRUP' Cy, TIES CORR11SPONDI.:`NC IS NOT AI 3' SHOULD '`'O 131:; CONISTRUI`P BE, AN AT"TEMPT TO C'OLLE.C T A DEBT, B11 1' ONLY AS s`NJ ORCFNIE NT k)!` LiEN AGAINST PROPERTY, 1.MII 01ZTA.N1' NC)`IT1CI? '()( ARE IN DEFAULT 13 E:,x..51; W3I_s EiAs' ? F'tII,FD WI 1T"IEN APPI-AIiANCE PFRS0` ALLY OR BY 11VI"I'OR:NEV AN11711T IN' 1A1TUTFN( ;"1H 'I HE C;C)(.:'Z.T YOUR DEFFNSES OR. OBJEC`I°IO-NIS 'I,C) THE C;1. A11vJ`> SIA FORTH AGAIN?S 1 Y01)'LiNLESS YOU ACTWI'111-1-Ni I`I ti DAYS FRON?'1`HE DiVi'E OF HIS NC I('., :^.."U[)GEM1:N' ' M Y I' )E I;NI'ERED AGAINST Yo t_N WIT)IC)T;rT I1 FARING <\,NNI) YO ; " AN. L •Sf YOUR PR()I`Fki'Y ()R ()"1'111':1", :(vIl'?)1Z`I'Aivl' IZIGI'I'S, Yttf S11t7TJl,f) TAKE THIS PAPER TO Y,")il t. I,AYY'YFF AT ON(.," 1' YOU DO NOT I.IAG°;E t1 I_,A iY,C:R, (:'rCf '1"C) C;R 1'I;F.I=,.1'IiQail: "1'111 ()z"t 1C;I sF t' 3 t)it lzi L7I 1..!:Ei ° 1111:5 C?F ICE' C;A'ti 1';'.4)t-'I17F, ?'CJt! trVl°1'H I"til?`t)I?1i`•:`f ff)N r"?L30U"I' lili?I'vC? :=? ;?: ; :?lYiai:. Ii V O A<NNNO f' AFFORD TO HI1 F' A I,AWY1=:;t„ THIS ='-& if:;.1 -MAY BI AD1,1I TO I'ROVIl)F Y'OCs r"~rHII INFORMA'1 JN A130(..rl A(.jEIN('JI;S `1"1,1^T MAY O, I I.P I,FGAI SERVICES O l:f_IE:II13I.ls F'E:It SONS A"1.' A El,s)t)CI;I.I) 1`1,1` 01'. Nt) > I" O1ficc o the Prothonotary C;urrrnerland County Coul-h use I C'ourthous : Square Carlisle, PA 17013 240 6195 ASSOCIATION .:A I:t?-I . Psi, e ' R y, Dana f )mv si t 3 - quire A---,j-)t 1'l«sn s CI° f'hef<ars 1??rltJSSS;is x ?,;i_ .tea, C,C_I' Om, E'caui Cc;slt?-i l'l :zzs 1 A K ';I.' A-MC-A, N1. A, S'JCC .:S M Z BY M LRICrl.:' 'I'{) I t C, 1It?':tilr; I,-(DAN'S Sk VF-`INC6, I, I 1 ? .. t ,)?? I'1?`r'?,'?'TI?)1:> HC)IvII' 1:?;?:?^<S SIT . V10ba & C.. I' Plaintiff' C'IVJ) 9I 11s0 DR! 1 1021 k CIV iT, t :' W 1 I?RI„ AND C OUN.I tr /%N°'MO V A. ACTOR TN O f F- `' 'I I-i R A.:'SC Tr::IRT]NO DeMdant(s ) isf } 1 1 =AT'I:IERA. SCIO-IRTENO 85 HI I EY ROA.D `Tf,,,CHANTC SB1_ RG, F' 1 17055-977? u:.3 DA 11i, 01-- NOTJ CE.- L2 _- ---?J C- I'1-I1;? I??I2?tI IS s'3 .?I'f3'I' ((1.:.1.,>?t;"It)F?. 1`I`I?1?It?II> iNC, i i.>> +:'(7T I,I`C`T rY 'I)Tils'I'. ''I_I:?> NCB I`iC;I°; A SI N"1' Tt1 ITNT IN AN A-I" I;1IP t 'I`E:) C0111"(11 a I ±I' INA )FIi"i I;I)NL•;. 5 1? I;I 1IRRED IV) H RFEN, ANT) .AN`A' :NFORM;? TIONi E.)I3T.1I"TI=:D i'aZ :)?1 'i't)I.' MLL BE USE i FOR I'It. I' PIMO S . [I' YOU I-L'\VF; Pl1 EMUSLY REC.Ek/h'I.) ._ I)ItiC:`1:I: ,.ZErI? '.'; I3A'NI:MP"IC;Y, 'MIt {;C)I1?LSI"'(3PEli}:'.v. IS i1C4 AND SHO `I? OF' >3i 0901}01FI) j') HI, AN A f I I`.mil',I' it) M! IJkC7T A ')!'Til; BL UT ONLY -2S a> i,I t)1?.t.? ?i1;IJ 1 (A 1-: kN A(i,AINS OPI,1: I Y. 1 AP0RTAINT I lAjyI: YOU ARE 1N DEFAULT FYI),Ctlt 5ls YOU HAVI T°`AJLED `I) I NTE-_ ' 1-V<?ITTE APPE,AK.ANCI' PERSONALLY OR L1Y ATT(.)RN1 Y AND I`11,17, IN WRITING WITH '11I1 '_ t;)1 M YOUR I:tI_TI_>NSES OR OBJECTIONS TO `PITT=, CLA.RVIS SF.T E"'()IZTTf AGAINST YOU. UNT 1',x;5 Y(1I_r :V'T WITHIN TI N DAYS FROM TIII:, I)ATI C)FTHIS N01"IC E, rl IC 1)C:iIt1I NT' tvT ?`' F-'RFI) AGAINST `z'ot! b' T111OUT A 1-il AR1,NJ ANT.) YOU 11A OS YOUR PR.C)I'HItTY OR 01,14"I? .i'yt I:'CJIt"I?t3, NI' I? It:,H' 1 `S. Y'tU SHOULD TIME THIS PAPF',R •TO YOUR LAWYER AT ONCE. 1.1, Y'(.)(.' DO NOT I1.V A LAWYER, M TO CM 'ITLEPHOI Ei THE, EXTICIT SI;F F{)I 111 BELOW. THIS 01TICE f';,)?'`? PR.OVTT)T YOU VI TIT I:I?1?ORMATT N A1301?1' FI_CRIN3 A LAW` IR-. II' YOU CANNOT AI=FC)F'D Ti) HIRE A I AshYI.TY, -Iflt, t -:11.1CF V1.1..' 1',F CAI I,1 I: 1'1ZC} .",I , `ti l.. V AM TNFORMrY'I'ItM AI1OLY A':<F;MI:;T1 i..:..` MAY (AFI S I,I AL St:RMx I I1 j' I`i)rl ,61 LI: J11"NSOI`S<AT'AR11)CCED11.I;OP NO ._a the I'vo It ),:o airy C = ,vslc, RA 1,/013 717) 240-619,",; \M )C.IA ii AN CI.t?'1F'sl?.1?I,.t'?I3(-s ,t ti;"x"f'(='?tt"Ilfi,t.;;;• CAR;,1SI.I-., I'A 170U Dmw )titoovshv lsauire A'miitiba ia i t lift Phelan 1-tallin?in & Scllmigs? 1'.J) I b 17 ,IF1:: Boulevaa d, Stdl.c 4()0 (he Pwn Center Mai MAMMA PA 10 Ti 110 N 274652 April 23, 2011 BAC Home Loans Servicing LP 5401 N Beach St TX2-977-01-34 Fort Worth, TX 76137 ANTHONY M SCIORTINO 485 HEISEY RD MECHANICSBURG, PA 17055 Loan Number: IM? Dear ANTHONY M SCIORTINO: We have reviewed your request for a loan modification under the federal government's Home Affordable Modification Program. Unfortunately, your loan is not eligible for the Home Affordable Modification Program for the reason stated below. We are currently reviewing your financial information to determine if there are other options available to you. These options may include: • A different modification program that may help you achieve more affordable payments; • A forbearance program. With this program you could receive lower payments or no payments for a limited number of months to either give you time to resolve your financial difficulties or give us time to work together with you on a more permanent solution; • A Short Sale. With this program, you agree to sell your home at fair market value and settle your mortgage debt for less than the amount you owe. • A Deed in Lieu of Foreclosure. With this program, you can avoid the public auction of your home by voluntarily transferring the title or ownership of your property to satisfy your mortgage debt. Once we have finished reviewing your information, we will contact you within 10 days to let you know what other options are available to you and the next steps you need to take. Please contact us at 1.888.325.5399 if you have questions about these options. Reason your loan was not eligible for the Home Affordable Modification Program Under the guidelines of the Home Affordable Modification Program: You are not eligible for a Home Affordable Modification because your current monthly housing expense, which includes the monthly principal and interest payment on your mortgage loan plus property taxes, hazard insurance and homeowner's dues (if any) is less than or equal to 31% of your gross monthly income (your income before taxes and other deductions) which we verified as $9,033.33. Your housing expense must be greater than 31% of your gross monthly income to be eligible for a Home Affordable Modification. If you believe this income or expense is incorrect, please call us at 1.888.325.5399 by May 23, 2011. LMO_280_3 According to the guidelines of the Home Affordable Program, you have 30 days to appeal the decision that your loan is not eligible for the program. Please contact us by May 23, 2011 at 1.888.325.5399, if you think that the information used to determine your eligibility is incorrect. Important information about foreclosure If a foreclosure sale of your home is currently pending and on hold, that hold will continue and remain in effect while you are considered for other foreclosure avoidance programs. Important-Do not ignore any foreclosure notices. You may receive foreclosure/eviction notices - delivered by mail or in person - or you may see steps being taken to proceed with a foreclosure sale of your home. While you will not lose your home during this review period, to protect your rights under applicable foreclosure law, you may need to respond to these foreclosure notices or take other actions. If you have any questions about the foreclosure process contact us at 1.888.325.5399. If you do not understand the legal consequences of the foreclosure, you are also encouraged to contact a lawyer or housing counselor for assistance. We're here to help Please call us today at 1.888.325.5399 Monday-Thursday 8 a.m. - midnight Eastern, Friday from 8 a.m. - 10 p.m. Eastern, Saturday from 9 a.m. - 6 p.m. Eastern and Sunday 3 p.m. -11 p.m. Eastern if you have any questions. We will call you in 10 days to let you know what other options are available to you and the next steps you need to take. You can also seek assistance at no charge from U.S. Department of Housing and Urban Development-approved housing counselors by calling the HOPE Hotline Number (1.888.995. HOPE). Assistance in understanding this notice is available through the HOPE Hotline by asking for MHA HELP. Home Loan Team BAC Home Loans Servicing, LP Bankof America How Loans IV, BAC Home Loans Servicing, LP is required by law to inform you that this communication is from a debt collector. However, the purpose of this communication is to let you know about your potential eligibility for programs to help you avoid foreclosure. Mortgages funded and administered by ai .0 Equal Housing Lender. ?-,, Protect your personal md-a.n before -yding N, tlocument. LMO_280_3 PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 14103 Phone 215-563-7000 Fax(215)215-568-7616 Email: FCResolution@fedphe.com Foreclosure Resolution Department Representing Lenders in Pennsylvania & New Jersey April 17, 2012 Re: BANK 01 AMI'Rl(.;A. N.A. SUCCF'SSOR 13Y MFRGEIt TO BAC HOME LOANS SERVICING, L.P. t %f: A C'O IN`t`ItYWIDL HOME, LOANS Sl-RVIC'IN , LP. V. ANTHONY M. SCItJIt'I'lNO and HFATJII IZ A. SC'ICJRTINO 485 HEISEY ROAD MECHANICSBURG, PA 17055-9773 Loan #: qffMon? To Whom It May Concern: In accordance with your recent request, please find a reinstatement figure in the amount of $33,267.62, which is the amount needed to bring the account current with BANK OF AMERICA, N.A. Funds must be received in our office by April 24, 2012 in order to process and forward to our client. Upon submitting payment, please note the following: • Personal checks will not be accepted. Certified funds purchased from a bank and money orders. Title company and attorney escrow accounts checks, are also acceptable. = All checks must be made payable to the mortgage company stated above, and forwarded to Phelan Hallinan & Schmieg, LLP. • We recommend using overnight mail to ensure that your payment is received timely. If you intend to deliver payment in person, please call to schedule an appointment. = Include account number on the check for proper identification. • It is passible that additional expenditures may be incurred by either the mortgage company or this firm in the interim period between the time these figures are generated and the time monies are tendered. In this event, only the FULL monies will be accepted. Acceptance of the funds is contingent upon a complete review by our client. If you should have any questions, please feel free to contact our office. Sincerely, Phelan Hallinan & Schmieg, LLP Foreclosure Resolution Department Phelan Hallinan & Schmieg, LLP is a debt collector attempting to collect a debt. Any information received will be used for that purpose, If you have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to he an attempt to collect a debt, but only enforcement of a lien against property. Mot` IIke mate irr this ccrmntturicaticut,gou owe the amount rf,eeitied. ttecause ol'interco, laic charges, and other charges that may vary troika day, it) clay, the amount due ou the day you pay rosy be err i ter. Renee, iryott pay the amount shown above, an adjustment maybe necessary after the receive your rherk. in which event tie iA ill i„rurnt yin before detwsitingahe check for collection. For further infurmutin?t write the nodersigned orcall 215-563-7 00 and +.P: for the Reinstatement Department. LN PHELAN HALLTNAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Phone 215-563-7000 Fax(215)215-568-7616 Entail: FCResolution ct fedphe.coni Representing Lenders in Pennsylvania & New Jersey Reinstatement Figure ANTHONY M. SCIORTINO NAME: and HEATHER A. ACCT, SCiORTINO DATE: April 17, 2012 Good Through: April 24, 2012 6 Payments Due @ $2,108.68 Payments Due ra) $2,086.82 1,ate Charges Property :inspections BPO Property Preservation Escrow Shortage Suspense Credit Sheriff Commission Prothonotary of CUMBERLAND County Costs Sheriff of CUMBERLAND County Costs Additional Foreclosure Costs Attorney Dees Corporate Advance Insufficient Funds TOTAL $12,652.08 $18,781.38 $248.91 $105.00 $0.00 $0.00 $0.00 $0.00 $0.00 $113.25 $127.00 $330.00 $910.00 $0.00 ;$0.00 $33,267.62 Phelan liallinan & Schmieg, UP is a debt collector attempting to collect a debt, Any information received will be used for that purpose. If you have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. As of f7rr time of thie communication, you owe the amannt specified. 14ccattw of inaa ) v,t, title charges, and other charges that may vary troll) das tr• dac, flit, amount due on the day you pay may lit, greater. ifenrc, if )ru la:,) thr amount shown above, an adjustment may be ere s5:)r% uftel t.r revcivc? uurcheck, in which c%entwe. will Worm s lilt heforc rtct)t ,.iting the check for collection. For further iol"'; wmkrzt, ar rill, th'. ueutrrsivncd or call 2l.°a-563-70tltl and ask for the H'instatcux-ut Department. P PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Phone 215-563-7000 Fax(215)21.5-568-7616 Email: FCResolution@fedphe.com Foreclosure Resolution Department Representing Lenders in Pennsylvania & New Jersey May 8, 2012 Re: BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING. L.P. v. ANTHONY M. SCIORTINO and HEATHER A. SCIORTINO 485 HEISEY ROAD MECHANICSBURG, PA 17055-9773 Loan* To Whom It May Concern: In accordance with your recent request, please find a reinstatement figure in the amount of $35,640.94, which is the amount needed to bring the account current with BANK OF AMERICA, N.A. Funds must be received in our office by May 9, 2012 in order to process and forward to our client. Upon submitting payment, please note the following: • Personal checks will not be accepted. Certified funds purchased from a bank and money orders. Title company and attorney escrow accounts checks, are also acceptable. • All checks must be made payable to the mortgage company stated above, and forwarded to Phelan Hallinan & Schmieg, LLP. • We recommend using overnight mail to ensure that your payment is received timely. • If you intend to deliver payment in person, please call to schedule an appointment. • Include account number on the check for proper identification. It is possible that additional expenditures may be incurred by either the mortgage company or this firm In the interim period between the time these figures are generated and the time monies are tendered. In this event, only the FULL monies will be accepted. Acceptance of the funds is contingent upon a complete review by our client. If you should have any questions, please feel free to contact our office. Sincerely, Phelan Hallinan & Schmieg, LLP Foreclosure Resolution Department Phelan liallinan & Schmieg, LLP is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be act attempt to collect a debt, but only enforcement of a lien against property. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Bence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing (fie check Im collection. For further information, write the undersigned or call 215-563-7000 and ask for die Reinstatcnicnt Depamueot. PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Phone 215-563-7000 Fax (215) 215-568-7616 Email: FCResolutio@tedphe.com Representing Lenders in Pennsylvania & New Jersey Reinstatement Figure ANTHONY M. SCIORTINQ NAME: and HEATHER A. ACCT. SCIQRTINO DATE; May 8, 2012 Good Through: May 9, 2012 6 Payments Due @ $2,108.68 10 Payments Due @ $2,086.82 Late Charges Property Inspections BPO Property Preservation Escrow Shortage Suspense Credit Sheriff Commission Prothonotary of CUMBERLAND County Costs Sheriff of CUMBERLAND County Costs Additional Foreclosure Costs Attorney Fees Corporate Advance Insufficient Funds TOTAL, $12,652.08 $20,868.20 $248.91 $115.00 $0.00 $0.00 $0.00 $0.00 $0.00 $129.75 $127.00 $330.00 $1,170.00 $0.00 _._$0.00 $35,640.94 Phelan Hailinan & Schmieg, LLP is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. As 'rf tl+r datr elf tiri ro€n:nnnieatimr, you owa the amount spec if6ed. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may° be grcafer, ltence, if you pay the amount shown above, an adjustment may be cr ,5,+r after Ive € ecrive your check, in which event we will inforat yoti before depositing the check for collection. For further inl(errna€ir>rr, write the undrrsifinat r call 215-563-7000 and ask for the Reinstatement Department. PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 (215)563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE Civil Division HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE Cumberland County PLANO, TX 75024 Plaintiff No 11-8218-CIVIL VS. ANTHONY M. SCIORTINO HEATHER A. SCIORTINO 485 HEISEY ROAD MECHANICSBURG, PA 17055-9773 Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment with all exhibits in support thereof were sent via first class mail to the persons on the date listed below: ANTHONY M. SCIORTINO 485 HEISEY ROAD MECHANICSBURG, PA 17055-9773 HEATHER A. SCIORTINO 223 SOUTH ENOLA DRIVE #A ENOLA, PA 17025 Date: 6 .a/ B?- J-e P.$chalk, Esquire tto ev for Plaintiff l? PRAECIPE FOR LISTING CASE FOR ARGUMENT i' ILED-OF FICE 'Ir 1. 1, HE ??QNt?TAE?`r' (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 202 AUG - PM 3' 42 CUMBERL NQ COUNTY Please list the within matter for the next Argument Court. :? N11S 0 AN1 A. BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff VS. ANTHONY M. SCIORTINO HEATHER A. SCIORTINO 485 HEISEY ROAD MECHANICSBURG, PA 17055-9773 Defendants 2. Court of Common Civil Division Cumberland County No. 11-8218-CIVIL State matter to be argued (i.e., plaintiff s motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff s Motion for Summary Judgment Identify counsel who will argue case: (a) for plaintiff: Joseph P. Schalk, Esquire Address: 126 Locust Street Harrisburg, PA 17101 (b) for defendant: Anthony Sciortino, pro se Address: 485 Heisey Road Mechanicsburg, PA 17055 3 4 Date I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: September 7, 2012 B / L/ 12s q.-7S? a 1a1qu-4 a,1S9cls PRAECIPE TO REASSESS DAMAGES P.R.C.P.3180-3183 COURT OF COMMON PLEA= ~~ ``, BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO _, ~~ `~ ' `~ ~""' BAC HOME LOANS SERVICING, L.P. F/K/A CIVIL DIVISION r*~ r" . '~ f Y ; ~,-. COUNTRYWIDE HOME LOANS SERVICING L.P ~,~ ~ ..- ;.. ~' ='" -~ , . Plaintiff ~ NO. 11-8218-CIVIL TERM ~ %, ..~ ~ C~ ~ ~:~~-' _ ~~' ~ ~~: CUMBERLAND COUNTY 1~ c-~ ~"•"- ~~ ~-~.., ~-.:/ -- ''.~. ANTHONY M. SCIORTINO HEATHER A. SCIORTINO Defendant(s) PRAECIPE TO REASSESS DAMAGES To the Prothonotary: Kindly Reassess the Damages per the Court Order dated ~ /~ / Z in favor of the Plaintiff and against ANTHONY M. SCIORTINO and HEATHER A. SCIORTINO, defendant(s). As Set Forth in the Order 5288.680.59 [allies & Schmieg, LLP hael Kolesnik, Esq., Id.No. 308877 for Plaintiff ,~~ ~-lo . SGp~ ~`~1 a ~~ ~~~ ~$ ~# a$a hc~ V~Cu ~~~ N~ BANK OF AMERICA, N.A., PLA-iNTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r,..' ANTHONY M. S IORTINO, '''',~rn~ ~ i ~;~' ' HEATHER A. S MORTINO, ~r ..... ~o~ -,-, DE , ENDANTS 11-8218 CIVIL -~z r -- °E, IN :PLAINTIFF'S MOTI N FOR SUMMARY U T io a ~ ~~ off? ~ B FORE H D ERT J. ~ ~ ORDER OF COURT AND NOVIh, this 10~' day of September, 2012, upon consideration of the Plaintiffs Motion for Summary Judgment, the brief filed by the Plaintiff, and the Court noting that the Defendants hive filed no response to the Motion or responsive brief, IT IS HERBY ORDERED AND DIRECTED that Plaintiff's Motion for summary Judgment is GRA~iTED. An In Rem judgment is entered in favor of the Plaintiff and against the Defendants, Anthony M. Sciortino and Heather A. Sciortino for $288,680.59 plus interest from IMay 31, 2012 and any other costs and charges collectible under the Mortgage, for foreclosure and sale of the mortgage property. By the Court, ~~ M. L. Ebert, Jr., J. ~ Joseph Schalk, Euire Attorney for Plainti Anthony M. Sciortino Defendant ~ Heather A. Sciortino Defendant bas PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME COURT OF COMMON PLEAS LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. CIVIL DIVISION Plaintiff NO.: 11-8218-CIVIL v ANTHONY M. SCIORTINO HEATHER A. SCIORTINO Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 05/31/2012 to Date of Sale ($43.82 per diem) TOTAL w' r-:.y ~.~ ~~ ~ .. $288,680.59 ."~ $ ] 2,269.60 ~~''~- ~" ~-~ ` "~ E ~~. °; . .J'.. .~ i ~.i~tf w~.~.. ~~~ waCr.A...J e~,..~ t... • :~ $300,950.19 ~ ~, ~, __~ . an Hallman & Schmieg, LLP J Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff Note: Please attach description of property. PHS # 274682 C..~J ~'` g~, o~ r < <, ~~' ~ ~i,~ ~ i. t, ., ~, so ,, ~~ v any ~ 31~, ~ ~ y ~a.as~ ~. ~. s~c.~ ~+~~a~ei ~~,-} ~F f~ss~~ ~, G; a C7 U a w d 0 U a w a a; a W ~~ ~~ as °~ °a 4 y, ~ W a~ UZ OaW, ~O ~H z~ U~ U OO x ~W HA 0 ~ W~~, ~~ , a~ UW '~ ~Haa ~~ ~~ ~U ~O ~ 'O °' M ~ °~ ~, v ,,, a o ~ w ~ ~ a ~ Ca ~~~ a o'c;o ~. ~, o~, a ~ ~ ~z~ r., ¢w Z ~ 3 ~~ Wd ~ ~ d O x ,+, ~ d W ~., Q Qd `.~NLt} 0 H ~ U W ~ o ~ w ~ ~ O o ab ~' a ~ H ~: ~~ ~~ w o O p ~ w ~ „~ id ~ ~'~ ~~a y z ~ ~ W ~ f~ p~,,, o ~ ~tTiQ U`~ ~ v . H ~ ~ ~ a w ~ a .-~ PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorneys for Plaintiff . ~ f..,. .. 4 v j~ J .,_, ~.. i,: -~~:. ~' ~ i ~ ~'~''~ ! 3 ~ I 1 ~ v' F3 BANK OF AMERICA, N.A. SUCCESSOR BY MERGE. ,' ~~~~T`,'COURT OF COMMON PLEAS HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE r~l~: LOANS SERVICING, L.P. CIVIL DIVISION Plaintiff NO.: 11-8218-CIVIL v. ANTHONY M. SCIORTINO HEATHER A. SCIORTINO Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: P n allinan & Schmieg, LLP n Michael Kolesnik, Esq., Id. No.308877 ttorney for Plaintiff ,,~ BANK OF AMERICA, N.A. SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO BAC HOME LOANS SERVICING, L.P. F/K/A . COUNTRYWIDE HOME LOANS SERVICING, L.P. CIVIL DIVISION Plaintiff NO.:11-8218-CIVIL v. ANTHONY M. SCIORTINO CUMBERLAND COUNTY HEATHER A. SCIORTINO Defendant(s) PHS # 274682 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P., 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 485 HEISEY ROAD, MECHANICSBURG, PA 17055-9773. 1. Name and address of Owner(s) or reputed Owner(s): Name •~-~ ~ ^'. Address (if address cannot be reasonably _ _-_ ascertained, please so indicate) .-~ :.: ~"-' r ,~,, ANTHONY M. SCIORTINO 485 HEISEY ROAD "~ .~~} "' _., ~__: MECHANICSBURG, PA 17055-9773 ~,~ ~ '~-~~ t~_-x T.~ ,% ~; - HEATHER A. SCIORTINO 223 SOUTH ENOLA DRIVE # A ~ ENOLA, PA 17025 ~ c7 w `~,~ ter, ...r. 8~~ 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. ~ -~ 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 485 HEISEY ROAD MECHANICSBURG, PA 17055-9773 ANTHONY M. SCIORTINO 300 NORTH 2ND STREET C/O RICHARD S. FRIEDMAN, ESQUIRE SUITE 402 HARRISBURG, PA 17101 ANTHONY M SCIORTINO, PRO SE 485 HEISEY ROAD MECHANICSBURG, PA 17055-9773 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. Date: _~~~ By: Phe limn & Schmieg, LLP J ichael Kolesnik, Esq., Id. No.308877 orney for Plaintiff BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO COURT OF COMMON PLEAS BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. CIVIL DIVISION Plaintiff NO.:11-8218-CIVIL vs. CUMBERLAND CrOUP41TY ANTHONY M. SCIORTINO - HEATHER A. SCIORTINO ~ ; ;~' ~ ~~~ _ , Defendant(s) "" -'c' _. ;. r " . ,. ° .: u~ ,~ . ~~ _.~ -r-~, NOTICE OF SHERIFF' ~- S SALE OF REAL PROPERTY ~-- ~~ `~ : - `°~' ~: c~ .~ ~, .- .., TO: ANTHONY M. SCIORTINO HEATHER A. SCIORTINO ~ ~. 485 HEISEY ROAD 223 SOUTH ENOLA DRIVE # ~ MECHANICSBURG, PA 17055-9773 ENOLA, PA 17025 **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 485 HEISEY ROAD, MECHANICSBURG, PA 17055-9773 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 $288,680.59 obtained by BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563-7000. 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. S. 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 (l 0) 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 parcel of land situate in the East side of Heisey Road, in the Township of Monroe, County of Cumberland and Commonwealth of Pennsylvania, being known and designated as follows: Parcel 1: BEGINNING at a concrete monument on the eastern dedicated right-of--way line of Heisey Road, T-560, at line of Lot No. 22 on the hereinafter mentioned Plan of Lots; thence along the Eastern dedicated right-of--way line of Heisey Road, T-560, North 00 degrees 27 minutes 40 seconds West, a distance of 100.47 feet to a point; thence along Lot No. 20 on the hereinafter mentioned Plan of Lots, North 89 degrees 36 minutes 55 seconds East, a distance of 199.13 feet to a point; thence along other lands now or formerly of Donald E. Deckman and Marian R. Deckman, husband and wife, South 00 degrees 23 minutes 00 seconds East, a distance of 100.47 feet to a point; thence along line of Lot No. 22 on the hereinafter mentioned Plan of Lots, North 89 degrees 36 minutes 55 seconds West, a distance of 198.99 feet to a concrete monument, the place of BEGINNING. Being Lot No. 21 on a Final Plan of Major Subdivision for Donald E. Deckman, prepared by Rodney Lee Decker and Associates, dated October 21, 1986 and recorded in Subdivision Plan Book 51, Page 140. UNDER AND SUBJECT, NEVERTHELESS, to all rights of way, easements, restrictions and/or conditions of record. Parcel 2: BEGINNING at a concrete monument set on the Easternmost dedicated right-of--way line of Heisey Road (T- 560), at the common point of adjoiner of Lots No. 20-A and No. 20-B on the hereinafter mentioned plan; thence departing from said right-of--way and extending along Lot No. 20-A, North eighty-nine (89) degrees thirty-six (36) minutes fifty-five (55) seconds East, for a distance of one hundred ninety-nine and nineteen hundredths (199.19) feet to a steel pin at other lands now or formerly of Donald E. Deckman and Marian R. Deckman, husband and wife; thence extending along said land, South zero (00) degrees twenty-three (23) minutes five (OS) seconds East for a distance of fifty and twenty hundredths (50.20) feet to a steel pin at Lot No. 21; thence extending along Lot No. 21, South eighty-nine (89) degrees thirty-six (36) minutes fifty-five (55) seconds West, for a distance of one hundred nineteen and thirteen hundredths (119.13) feet to a steel pin set on the Easternmost dedicated right-of--way line of Heisey Road; thence extending in and along said right- of-way line, North zero (00) degrees twenty-seven (27) minutes forty (40) second West, for a distance of fifty and twenty hundredths (50.20) feet to a concrete monument at Lot No 20-A, said monument marking the place of BEGINNING. BEING designated as Lot No. 20-B on an Amendment of a final plan of major subdivision prepared for Donald E. Deckman by Rodney Lee Decker and Associates, which Amendment is dated January 14, 2004, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 89, Page 22. TOGETHER with all and singular the buildings, improvements, ways, streets, alleys, driveways, passages, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of Grantor(s), as well at law as in equity, of, in, and to the same. TITLE TO SAID PREMISES VESTED IN Anthony M. Sciortino and Heather A. Sciortino, h/w, by Deed from Anthony M. Sciortino, aka, Tony M. Sciortino and Heather A. Sciortino, h/w, dated 01/06/2006, recorded 01/20/2006 in Book 272, Page 4225. PREMISES BEING: 485 HEISEY ROAD, MECHA1vICSBURG, PA 17055-9773 PARCEL N0.22-11-0280-095 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-8218-CIVIL BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. vs. ANTHONY M. SCIORTINO HEATHER A. SCIORTINO owner(s) of property situate in the TOWNSHIP OF MONROE, Cumberland County, Pennsylvania, being (Municipality) 485 HEISEY ROAD, MECHANICSBURG, PA 17055-9773 Parcel No. 22-11-0280-095 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $288,680.59 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) COUNTY OF CUMBERLAND) NO. 11-8218 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff (s) From ANTHONY M. SCIORTINO AND HEATHER A. SCIORTINO (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: $288,680.59 L.L.: $.50 Interest FROM 5/31/2012 TO DATE OF SALE ($43.82 PER DIEM) - $12,269.60 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $314.50 Other Costs: Plaintiff Paid: Date: 11/1.3/12 ~/~~ ~_ J,v~ D ~1®FLrM~. W ~~QsL David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME PHS # 274682 LOANS SERVICING, L.P. DEFENDANT SERVICE TEAM/ lxh ANTHONY M. SCIORTINO COURT NO.: 11-8218-CIVIL HEATHER A. SCIORTINO ~orvrs SERVE HEATHER A. S~9~R~~A18 AT: TYPE OF ACTION 223 SOUTH ENOLA DRIVE # A XX Notice of Sheriff s Sale ENOI,A, PA 17025 SALE DATE: March 6, 2013 **DIVORCED- One cannot accept service for the other** SERVED C fV~ i.~ Served and made known to HEATHER A. S IORTINO, Defendant on the r day of z , 20 ~ . at o'clock ~'. M., at ~-~- 5 C'~~~ ~ , in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is ~UWt rs °~ ~ _ 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. ° ~'~t ~ %""~_ . . : ~ ` ~' _ an officer of said Defendant's company. . ~ ~.~ ~ ' - ~ e;',,. t ..-:t __~ Other: Description: Age 7~ $S Height ~~. Weight ! Race Sex ~ Other `1 ~ xa -~- ' ~ - ( U (,~ I,~t l ZuE~~~t L l~~r'`~ , a competent adult, hereby verify that I personally handed a true and ~ ~ ~a r i ct c of ~' ~.; , Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date an~'at t "add>s indicated above. I understand that this statement is made subject to the penalties of I8 Pa. C.S. S ec. ~04 ~ting~o unsworn falsification to authorities. f ? ~ ~ ~` ~ '~ DATE: NAME: PRINTED NAME: ~ 1 ~2~t~ b t~'~"~( ~,G' >f ~ ~ ~ TITLE: ('~C1C~SS S~ {~ (l~ ~(` NCIT.CFRVFII On the day of 20 , at o'clock . M., I, , a competent adult hereby state that~e~endyant I~F~IIfsTb-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 Y Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq.. Id. No. 62695 Daniel G. Schmieg, Esy., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esy., 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 Chiisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esy., Id. No. 206779 Allison F. Wells, Esq., [d. No. 309519 Melissa J. Cantwell, Esq., [d. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esy.. Id. No. 3123 ]4 PLAINTIFF BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. DEFENDANT ANTHONY M. SCIORTINO HEATHER A. SCIORTINO SERVE HEATHER A. SCIORTINO AT: 223 SOUTH ENOLA DRIVE # A ENOLA, PA 17025 **DIVORCED- One cannot accept service for the other** SERVED Served and made known to FATHER A. 'CIOR INO, Defendant on the ~ 5 day of ~~ ~ rg - l 0 ,o'clock. M., at 22~ O A r ~ ~ , in the manner described below: _ Defendant personally served. Adult family member with whom I~,efetn~ant(s) reside(s). Relationship is l~()V~t ~ U Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: ~~"~ rv ~r ~ sv ,:~ ty.7 ~ U :~ „~~ i -~,'.~„ W 20 t ~ at ~~ -~ Ga i Descripti(~o~n~:,~ Age L S Height 5 _ Weight ~ 6U Race ~ Sex Other I,~~ ~~~ ~U~ff~ f , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: _~ ~ (S ~ ~~ NAME: G , ~ _. PRINTED NAME: ~~1,~ `"' 1~~ r~ i j} TITLE: ~( (3l C. S~ ~'~.Y'1 /'P i~ NOT SERVED On the dayy of 20 , at o'clock . M., I, , a competent adult hereby state that~e~endant ~iecause: 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: l~ 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 AFFIDAVIT OF SERVICE (FHLMC) CUMBERLAND COUNTY PHS # 274682 SERVICE TEAM/ lxh COURT NO.: ll-8218-CIVIL TYPE OF ACTION XX Notice of Sheriff s Sale SALE DATE: March 6, 2013 ,.,~ ~~; t"i_.._ "" ~y .._, 6;.) l~`i _a._ -r , t~;~ ~-; -r ~ r=te PHELAN HALLINAN, 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 NATIONSTAR MORTGAGE, LLC Plaintiff, V. ANTHONY M. SCIORTINO HEATHER A. SCIORTINO Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 11-8218-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 381 and/or Certified Mail Return it "A". Receipt stamped by the U.S. Postal Service is attached er tet*M i J n Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff Date: 40 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 274682 %4 ti O 11 Z v ? ro so -s z x K ? n a w' ? b K P qy? L12 U1 Q< 8 ?( O (? 6 ?, n w x ?m L. C ? o n QQ F o, CL * CL a' (o ray? GjtSC?SypgqOa?>y?O?AO?[??o?Ca°r?nm ?Qa „?'?-eC?zt?p ?t?YtrJ'?Or_y?fl?OYi,°,? X ?Hto xr• a Z" + ACN?`<Z -4 CQCA C? ?,) "x ,9q?viyhel? " NS?"CAhZ8 or, c ?CO> d"?2Y<?`ti CCdC A;< `a t moo-, °OCyA yro'?' 40 > t?1 O O y w w c i7 c a n ` o CA :z O > R v > C b? ts7 ? a a 41 sss o°o ? ° ° 1 &a t o a r ?jc7 TI U.S. PCST >, Pr w y s , 2 19103 0In $ 4.23° _ z trr 0001 38 1 1 91 SEC 10 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NATIONSTAR MORTGAGE, LLC Court of Common Pleas Plaintiff. Civil Division V. CUMBERLAND County ANTHONY M. SCIORTINO HEATHER A. SCIORTINO No.: 1.1-8218-CIVIL 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. CZ CS Can� -5� �r= f`- C l (S i _Cl I>z �- -K- 274682 Zachary Jones,Esq.,Id.No.310721 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215) 563-3459 �THONY M. SCIORTINO �HEATHER A. SCIORTINO HEATHER A. SCIORTINO 223 SOUTH ENOLA DRIVE#A 485 HEISEY ROAD ENOLA, PA 17025 MECHANICSBURG,PA 17055-9773 co f I*c-s M-A LL 274682 274682 t , OF T�E �R�-OFFICE�� Phelan Hallinan, LLP T Aa Allison F. Zuckerman, Esq., Id.No.309A)?APR 23 � ATYORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 An 10: 3 One Penn Center Plaza CUMBERLAND y Philadelphia,PA 19103 PENA YiVAN1A alison.zuckerman@phelanhallinar:com 215-563-7000 NATIONSTAR MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs. : CUMBERLAND County ANTHONY M. SCIORTINO HEATHER A. SCIORTINO No.: 11-8218-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 15, 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. PRO SE HEATHER A. SCIORTINO 223 SOUTH ENOLA DRIVE#A ANTHONY M. SCIORTINO ENOLA,PA 17025 HEATHER A. SCIORTINO 485 HEISEY ROAD MECHANICSBURG,PA 17055-9773 Phelan Hallin P r DATE: By: A 's n ucke an,Esq.,Id.No.309519 Attorne or aintiff 274682 FiL.E.0-OFFICE OF THE PROTHONOTARY Phelan Hallinan, LLP 2013 MAY 13 AM 10. 12 John D. Krohn, Esq., Id. No.312244 TTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMiBERLANO COUN� One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 john.krohn@phelanhallinan,com 215-563-7000 NATIONSTAR MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County ANTHONY M. SCIORTINO HEATHER A. SCIORTINO No.: 11-8218-CIVIL Defendants MOTION TO MAKE RULE ABSOLUTE NATIONSTAR MORTGAGE, LLC,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 April 5, 2013. 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 26, 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 April 15, 2013 directing the Defendants to show cause by May 5, 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. 4. The Rule to Show Cause was timely served upon all parties on April 22, 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. 274682 5• Defendants failed to respond or otherwise plead'by the Rule Returnable date of May 5, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: Ship Zvi,; By: John D ohn,Esq., Id. No.312244 Attorney for Plaintiff 274682 Exhibit "A" 274682 PHELAN HALLINAN, LLP. 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania and New Jersey March 26,2013 PRO SE ANTHONY M. SCIORTINO HEATHER A. SCIORTINO 485 HEISEY ROAD MECHANICSBURG,PA 17055-9773 RE: NATIONSTAR MORTGAGE, LLC v. ANTHONY M. SCIORTINO and HEATHER A. SCIORTINO Premises Address: 485 HEISEY ROAD MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 11-8218-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 4/1/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly, urt ✓,qu ry;: •q.., Id.No.310721 ria ....... r P1' int ff' .l III -i4 Ire, 274682 Name and Phelan Hallinan,LLP Address 1617 3FK Boulevard,Suite 1400 Z ° Of Sender One Penn Center Plaza $ � o Philadelphia,PA 19103 KVM rLine Article Number Name of Addressee Siree and Post Office Address g ANTHONY M,SCIO Poste e HEATHER A.SCIORTINO 50.46 m485 HEISEY ROAD MECHANICS1iURG PA 170SS 9773 mr�HEATHER A.SCIORTINO ; 223 SOUTH ENOLA DRIVE#A 50.46 ENOLA PA 17025 RE:ANTHONY M.SCIORTINO CUMBERLAND PHS#2746$2!1240 page i or I " 50.92 r i TWA Humeri py T«a NMen of Piece, Pieties listed ty Sender Remved m Post Office MUM.Per(nameof The fill deehnbm f-fr is ReedrinjF.mpbyee] for the +lean.ndmncnicar,dintertceionalrery.teredm>,d reaotWroctiat Mnooneaotvek doammts uMer Fvrets Mu1 dommem reeonslnxepn, piece so on w a limit of SS00.000 per oemrtrenoe.]lu rnada+um indemnity N7aete on 71n mutmtam indemnity paYabk n 523.000 for registered marl,um with optienat insannoe.< �`' Form 3877 Facsimile R9005913 and 5921 torhmita wm otca I i 1 I i 274682 Exhibit "B" 274682 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NATIONSTAR MORTGAGE,LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County ANTHONY M. SCIORTINO HEATHER A. SCIORTINO No.: 11-8218-CIVIL Defendants RULE AND NOW,this day of lQp&,� 2013, 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 COURT J" M '.JJ � JI 274682 Exhibit "C" 274682 FILED-OFFICL O ,y" Phelan Hallinan, LLP F THE PROTHONOTAf Allison F. Zuckerman, Esq., Id. No.309ZQP APR 23 AM I0� 1617 JFK Boulevard, Suite 1400 AM'�ORNEY FOR PLAINTIFF One Penn Center Plaza CHMBWN S L LAND GOURTY Philadelphia,PA 19103 P VAN I�A allison.zuckerman@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE, LLC Court of Common.Pleas Plaintiff VS. Civil Division ANTHONY M. SCIORTINO CUMBERLAND County HEATHER A. SCIORTINO No.: 11-8218-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 15,2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should notb,. granted was served upon the following individuals on the date indicated below. " " PRO SE HEATHER A. SCIORTINO ANTHONY M. SCIORTINO 223 SOUTH ENOLA DRIVE#A HEATHER A. SCIORTINO ENOLA,PA 17025 485 HEISEY ROAD MECHANICSBURG,PA 17055-9773 Phelan Halbjaa�i: Ial' DATE:`— r By: tt t.Esq.No.309519 Altnri�e_,. )lri;i;ntiff 274682 f Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE, LLC Court of Common Pleas Plaintiff vs. Civil Division ANTHONY M. SCIORTINO CUMBERLAND County HEATHER A. SCIORTINO No.: 11-8218-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. ANTHONY M. SCIORTINO HEATHER A. SCIORTINO HEATHER A. SCIORTINO 223 SOUTH ENOLA DRIVE#A 485 HEISEY ROAD ENOLA, PA 17025 MECHANICSBURG, PA 17055-9773 Phelan Hallinan, LLP DATE: D _ By: John D. Kpghh, Esq.,Id.No.312244 Attorney for Plaintiff 274682 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA NATIONSTAR MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County ANTHONY M. SCIORTINO HEATHER A. SCIORTINO No.: 11-8218-CIVIL Defendants ORDER AND NOW,this I�Vt day of W9, , 2013, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $255,563.72 Interest Through June 4, 2013 $39,506.63 Legal fees $2,300.00 Cost of Suit and Title $1,181.77 Property Inspections $117.00 Escrow Deficit $9,288.83 TOTAL $307,957.95 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. • `.. Cp t f..f �.t BY THE COURT: Q . GO Rrtl�u V J. wa_ >- =M CD r., �� ! 274682 1 ^s U- r1C i� TF,rE PR0TH0N0 TPA RY PHELAN HALLINAN, LLP Attorney for Plaintiff 2013 JUN `5 All 10* 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS VS. CIVIL DIVISION ANTHONY M. SCIORTINO NO. 11-8218-CIVIL HEATHER A. SCIORTINO Defendants AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P.,404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by certified mail,return receipt requested,to ANTHONY M. SCIORTINO on MARCH 25,2013 in accordance with the Order of Court dated MARCH 13,2013. The property was posted on APRIL 1,2013.Publication was advertised in THE SENTINEL on MARCH 27, 2013 &in THE CUMBERLAND LAW JOURNAL on APRIL 5, 2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unswom falsification to authorities. Phelan Hallinan, LLP DATE: By: Jonatl2o Lobb, Esq., Id. No.312174 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NATIONSTAB MORTGAGE,.LLC • CIVIL DIVISION' Plaintiff r.- NO. I I-8118-CIVIL V. ANTHONY M. SCIORTINO HEATHER A. SCIORTINO Defendants ORDER AND NOW,this / 6G day of )22d4LA-- ,2013,after consideration of Plaintiff s Motion for Service of Notice of Sale Pursuant to Special Order of Court,it is hereby: ORDERED that pursuant to Pa.R.C.P.410(a),service of the Notice of Sale is permitted on Defendant ANTHONY M. SCIORTINO by x REGULAR MAIL TO ANTHONY M. SCIORTINO at 485 HEISEY ROAD,MECHANICSBURG,PA 17055-9773 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO ANTHONY M. SCIORTINO at 485 POSTING 485 HEISEY ROAD,MECHANICSBURG,PA HEISEY ROAD,MECHANICSBURG,PA 17055-9773 Service by mail is complete upon the date of mailing 17055-9773 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P.3129.2(D). BY THE COURT: tg �C c�► � PHS#274682 ° s An=' . ✓CC PHELAN HALLINAN,LLP 'ti Vic- 1617 ° 1617 JFK Boulevard,Suite 1400 o Philadelphia,PA 19103 L < -Q CO Anajed 311 y 13 _ Z 5 ANTHONY M. SCIORTINO,and HEATHER A. SCIORTINO g uo cD*n 485 HEISEY ROAD,MECHANICSBURG,PA 17055-9773 � N � Name and PHELAN HALLINAN&SCHMIEG Address One Penn Center at Suburban,Suite 1400 of Sender Philadelphia,PA 19103 Line Article Name of Addressee,Street,and Post Office Address Post Number ANTHONY M.SCIORTINO Co w ; 85 HEISEY ROAD N ECHANICSBURG,PA 17055-9773 V.: N 2 #### O ^ � Oa 3 #*** w ! Co j O° O 5 6 #### 7 � R 9 #### b 10' **** 12 %ANTHONY M.SCIORTINO PHS#274862 Total Number of Total Number of Pieces Postmaster,Per(Name of Receiving Pieces Listed by Sender Received at Post Office Employee) LXH- *NOTICE OF SALE: CERTIFICATE OF MAILING* CODE: 1020 7178 2417 6099 0130 0210 LXH/274682 1020 ANTHONY M. SCIORTINO 485 HEISEY ROAD MECHANICSBURG, PA 17055-9773 --fold here(regular) --fold here(60) --fold here(regular) ,Lily Hiine From: US—Postal—Service@usps.com Sent: Monday, May 13, 2013 3:01 PM To: Lily Hainey Subject: U.S. Postal Service Track&Confirm email Restoration -71782417609901300210 This is a post-only message. Please do not respond. LILY HAINEY has requested that you receive this restoration information for Track& Confirm as listed below. Current Track&Confirm e-mail information provided by the U.S. Postal Service. Label Number: 71782417609901300210 Service Type: Certified Mail" Shipment Activity Location Date&Time ------------------------------------------------------------------------------------------------------------------- Processed through USPS Sort Facility PHILADELPHIA PA 19176 April 20, 2013 7:19 pm Depart USPS Sort Facility LANCASTER PA 17604 April 20, 2013 Processed through USPS Sort Facility LANCASTER PA 17604 April 19, 2013 1:50 pm Depart USPS Sort Facility LANCASTER PA 17604 April 18, 2013 Processed through USPS Sort Facility LANCASTER PA 17604 April 18, 2013 10:05 am Depart USPS Sort Facility LANCASTER PA 17604 April 18, 2013 Unclaimed MECHANICSBURG PA 17055 April 16, 2013 8:41 am Depart USPS Sort Facility HARRISBURG PA 17107 April 2, 2013 Processed through USPS Sort Facility HARRISBURG PA 17107 April 1, 2013 11:52 pm Depart USPS Sort Facility HARRISBURG PA 17107 April 1, 2013 Available for Pickup MECHANICSBURG PA 17055 March 27, 2013 11:02 am Arrival at Unit MECHANICSBURG PA 17055 March 27, 2013 8:14 am Depart USPS Sort Facility HARRISBURG PA 17107 March 27, 2013 Processed through USPS Sort Facility HARRISBURG PA 17107 March 27, 2013 4:42 am Depart USPS Sort Facility LANCASTER PA 17604 March 27, 2013 Processed through USPS Sort Facility LANCASTER PA 17604 March 26, 2013 12:47 pm Depart USPS Sort Facility PHILADELPHIA PA 19176 March 25, 2013 Processed at USPS Origin Sort Facility PHILADELPHIA PA 19176 March 25, 2013 10:21 pm Accepted at USPS Origin Sort Facility PHILADELPHIA PA 19103 March 25, 2013 9:06 pm Electronic Shipping Info Received March 25, 2013 USPS has not verified the validity of any email addresses submitted via its online Track&Confirm tool. For more information, or if you have additional questions on Track&Confirm services and features, please visit the Frequently Asked Questions (FAQs) section of our Track & Confirm tool at http://www.usps.com/shipping/trackandconfirmfaqs.htm. y AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY ' NATIONSTAR MORTGAGE,LLC •, PHS#274682 DEFENDANT SERVICE TEAM/sal ANTHONY M.SCIORTINO COURT NO.: 11-8218-CIVIL HEATHER A.SCIORTINO SERVE ANTHONY M.SCIORTINO AT: TYPE OF ACTION 485 HEISEY ROAD XX Notice of Sheriff's Sale MECHANICSBURG,PA 17055-9773 SALE DATE:06/05/2013 ****PLEASE POST THE PROPERTY*** **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED Served and made known to ANTHONY M. SCIORTINO,Defendant on the__�day of 6 J� 20 at o'clockp_.M.,at 485 HEISEY ROAD,MECHANICSBURG,PA 1.7055-9773,in the manner d sd cribed 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. XX Other: POSTED THE PROPERTY Description: Age Height Weight Race Sex Other I, \ '.S a competent adult,hereby verify that I personally posted the property with a true and correct copy of the otice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 3 NAME: qA n PRINTED NA E: eV QVV 0 wk TITLE: 6�C.eSI `�e �v NOT SERVED On the day of 20 ,at o'clock_.M.,I, a competent adult hereby state that b Pendant T F UND 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.Zuckerman,Esq.,Id.No.309519 Melissa J.Cantwell,Esq.,Id.No.308912 Mario J.Hanyon,Esq.,Td.No.203993 A,a PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox,Sales Director, of The Sentinel, of the County and State aforesaid,being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle,County and State aforesaid,was established December 13th,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): March 27,2013 COPY OF NOTICE OF PUBLICATION j NOTICE OF SHERIFF'S SALE IN THE COURT OF COMMON PLEAS Affiant further deposes that he/she is not OF CUMBERLAND COUNTY,PENNSYLVANIA NO.11-8218-CIVIL interested in the subject matter of the NATIONSTAR MORTGAGE,LLC aforesaid notice or advertisement, and that VS. ANTHONY M.SCIORTINO and HEATHER A.SCIORTINO i all allegations in the foregoing statement as NY NOTICE NOTICE TOF ANTHOOF S SALE SCIORTINO REAL PROPERTY t to time,place and character of publication ar ue. Being Premises:485 HEISEY ROAD,MECHANICSBURG,PA 17055-9773 q Being in MONROE TOWNSHIP,County of CUMBERLAND,Commonwealth of Pennsylvania,22-11-0280-095 improvements consist of residential property. Sold as the property of ANTHONY M.SCIORTINO and HEATHER A. SCIORTINO Your house(real estate)at 485 HEISEY ROAD,MECHANICSBURG,PA 17055-9773 is scheduled to be sold at the Sheriffs Sale on 06/05/2013 at 10:00 AM,at the CUMBERLAND County Courthouse,1 Courthouse Square,Carlisle,PA 17013,to enforce the Court Judgment of$266,598.78 obtained by,NATION STAR MORTGAGE,LLC(the mortgagee),against the Sworn to d subscribed before me this above premises. , PHELAN HALLINAN,LLP Attorney for Plaintiff [,�J Notary Public My commission-expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA 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 April 5, 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 Coyn , Editor SWORN TO AND SUBSCRIBED before me this 5 day of April, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 26,2014 y r C y. CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County,Pennsylvania NO. 11-8218-CIVIL NATIONSTAR MORTGAGE,LLC vs. ANTHONY M.SCIORTINO and HEATHER A. SCIORTINO NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: ANTHONY M. SCIOR- TINO Being Premises: 485 HEISEY ROAD, MECHANICSBURG, PA 17055-9773. Being in MONROE TOWNSHIP, County of CUMBERLAND, Com- monwealth of Pennsylvania, 22-11- 0280-095. Improvements consist of residen- tial property. Sold as the property of ANTHONY M. SCIORTINO and HEATHER A. SCIORTINO. Your house (real estate) at 485 HEISEY ROAD, MECHANICSBURG, PA 17055-9773 is scheduled to be sold at the Sheriff's Sale on June 5, 2013 at 10:00 A.M., at the CUM- BERLAND County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the Court Judg- ment of $266,598.78 obtained by, NATIONSTAR MORTGAGE, LLC (the mortgagee), against the above premises. PHELAN HALLINAN, LLP Attorneys for Plaintiff Apr. 5 10 SHERIFF'S OFFICE OF CUMBERLAND €COUNTY Ronny R Anderson ry ! P� ,� f I P R 0 E N0 l_ ri iy Sheriff p i�'O i Jody S Smith 1013 AUG 27 AM : �57 Chief Deputy Richard W Stewart - CUMBERLAND COUNTY Solicitor OFFICE of"rHE SHERIFF PENNSYLVANIA Nationstar Mortgage LLC vs. Case Number Heather A. Sciortino (et al.) 2011-8218 SHERIFF'S RETURN OF SERVICE 01/02/2013 05:35 PM - Deputy Ryan Burgett, 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 485 Heisey Road, Mechanicsburg, PA 17055, Cumberland County. 01/10/2013 05:18 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be HILDA WAY(MOTHER), who accepted as"Adult Person in Charge"for Heather A. Sciortino at 223 S. Enola Drive#A, East Pennsboro Township, Enola, PA 17025, Cumberland County. 01/23/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Anthony Michael Sciortino, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found" at 485 Heisey Road, Mechanicsburg, PA 17055, defenant is not known at address per post office, neighbor has not seen defendant at address for months. 02/21/2013 As directed by Francis S. Hallinan, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/5/2013 02/21/2013 Affidavit of Service to Lienholders Filed in Sheriffs Office 06/05/2013 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, PA on June 5, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Francis Hallinan, on behalf of Federal Home Loan Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $1,046.33 SO ANSWERS, August 19, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff:Telecsoft,Inc £, BAND OF AMERICA,N.A. SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO BAC TIOME.LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. CIVIL DIVISION Plaintiff NO.: 11-8218-CIVIL V. ANTHONY M. SCIORTINO CUMBERLAND COUNTY HEATHER A. SCIORTINO Defendant(s) PHS #274682 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA,N.A.SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P.F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P.,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 485 HEISEY ROAD,MECHANICSBURG,PA 17055-9773. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained,please so indicate) ANTHONY M.SCIORTINO 485 HEISEY ROAD MECHANICSBURG,PA 17055-9773 HEATHER A.SCIORTINO 223 SOUTH ENOLA DRIVE#A ENOLA,PA 17025 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7: Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be dffected by the sale:. Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 485 HEISEY ROAD MECHANICSBURG,PA 17055-9773 ANTHONY M. SCIORTINO 300 NORTH 2ND STREET C/O RICHARD S. FRIEDMAN, ESQUIRE SUITE 402 HARRISBURG,PA 17101 ANTHONY M SCIORTINO,PRO SE 485 HEISEY ROAD MECHANICSBURG,PA 17055-9773 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. Date: Y�'z By: 0---� Phe a linan & Schmieg,LLP J 4ichael Kolesnik, Esq., Id.No.308877 torney for Plaintiff BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO COURT OF COMMON PLEAS BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. CIVIL DIVISION Plaintiff NO.: 11-8218-CIVIL VS. CUMBERLAND COUNTY ANTHONY M. SCIORTINO HEATHER A. SCIORTINO Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ANTHONY M. SCIORTINO HEATHER A. SCIORTINO 485 HEISEY ROAD 223 SOUTH ENOLA DRIVE #A MECHANICSBURG, PA 17055-9773 ENOLA,PA 17025 *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 485 HEISEY ROAD,MECHANICSBURG,PA 17055-9773 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$288,680.59 obtained by BANK OF AMERICA,N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P.F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in complidrice 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 Slieriff s-Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling.215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE, YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800) 990-9108 LEGAL DESCRIPTION All that certain parcel of land situate in the East side of Heisey Road, in the Township of Monroe,County of Cumberland and Commonwealth of Pennsylvania,being known and designated as follows: Parcel 1: BE-GINNING at a concrete monument on the eastern dedicated right-of-way line of Heisey Road,T-560,at line of Lot No. 22 on the hereinafter mentioned Plan of Lots;thence along the Eastern dedicated right-of-way line of Heisey Road,T-560,North 00 degrees 27 minutes 40 seconds West,a distance of 100.47 feet to a point;thence along Lot No.20 on the hereinafter mentioned Plan of Lots,North 89 degrees 36 minutes 55 seconds East,a distance of 199.13 feet to a point;thence along other lands now or formerly of Donald E. Deckman and Marian R. Deckman,husband and wife, South 00 degrees 23 minutes 00 seconds East,a distance of 100.47 feet to a point;thence along line of Lot No. 22 on the hereinafter mentioned Plan of Lots, North 89 degrees 36 minutes 55 seconds West,a distance of 19899 feet to a concrete monument,the place of BEGINNING. Being Lot No. 21 on a Final Plan of Major Subdivision for Donald E.Deckman,prepared by Rodney Lee Decker and Associates,dated October 21, 1986 and recorded in Subdivision Plan Book 51,Page 140. UNDER AND SUBJECT,NEVERTHELESS,to all rights of way,easements,restrictions and/or conditions of record. Parcel 2: BEGINNING at a concrete monument set on the Easternmost dedicated right-of-way line of Heisey Road(T- 560), at the common point of adjoiner of Lots No. 20-A and No. 20-B on the hereinafter mentioned plan; thence departing from said right-of-way and extending along Lot No.20-A,North eighty-nine(89)degrees thirty-six(36)minutes fifty-five(55)seconds East,for a distance of one hundred ninety-nine and nineteen hundredths(199.19)feet to a steel pin at other lands now or formerly of Donald E. Deckman and Marian R. Decki-nan, husband and wife;thence extending along said land, South zero(00)degrees twenty-three(23) minutes five(05)seconds East for a distance of fifty and twenty hundredths(50.20)feet to a steel pin at Lot No. 21;thence extending along Lot No. 21, South eighty-nine(89)degrees thirty-six(36)minutes fifty-five (55)seconds West,for a distance of one hundred nineteen and thirteen hundredths(119.13)feet to a steel pin set on the Easternmost dedicated right-of-way line of Heisey Road;thence extending in and along said right- of-way line,North zero(00)degrees twenty-seven(27)minutes forty(40)second West,for a distance of fifty and twenty hundredths(50.20)feet to a concrete monument at Lot No 20-A,said monument marking the place of BEGINNING. BEING designated as Lot No. 20-B on an Amendment of a final plan of major subdivision prepared for Donald E.Deckinan by Rodney Lee Decker and Associates,which Amendment is dated January 14,2004, and recorded in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania in Plan Book 89,Page 22. TOGETHER with all and singular the buildings,improvements,ways,streets,alleys,driveways,passages, waters,watercourses,rights,liberties,privileges,bereditaments and appurtenances,whatsoever unto the hereby granted premises belonging,or in any wise appertaining, and the reversions and remainders,rents, issues,and profits thereof, and all the estate,right,title,interest, property,claim and demand whatsoever of Grantor(s), as well at law as in equity,of, in, and to the same. w TITLE TO SAID PREMISES VESTED IN Anthony M. Sciortino and Heather A. Sciortino, h/w, by Deed from Anthony M. Sciortino, aka, Tony M. Sciortino and Heather A. Sciortino, h/w, dated 01/06/2006, recorded 01/20/2006 in Book 272, Page 4225. PREMISES BEING: 485 HEISEY ROAD,MECHANICSBURG,PA 17055-9773 PARCEL NO.22-11-0280-095 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-8218-CIVIL BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. vs. ANTHONY M. SCIORTINO HEATHER A. SCIORTINO owner(s) of property situate in the TOWNSHIP OF MONROE, Cumberland County, Pennsylvania, being (Municipality) 485 HEISEY ROAD, MECHANICSBURG, PA 17055-9773 Parcel No. 22-11-0280-095 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $288,680.59 Phelan Hallinan & Schmieg,LLP Attorney for Plaintiff 161.7 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 11-8218 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,L.P.F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P.Plaintiff(s) From ANTHONY M.SCIORTINO AND HEATHER A. SCIORTINO (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: $288,680.59 L.L.: $.50 Interest FROM 5/31/2012 TO DATE OF SALE($43.82 PER DIEM)-$12,269.60 Atty's Comm: % Due Prothy:$2.25 Atty Paid: $31r 14,.51'. Other Costs: Plaintiff Paid: Date: 11/13112 —+�� � �• ,d.Q D David D. B fl,Prothonotare 'a U* (Seal) Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK,ESQUIRE Address: PHELAN HALLINAN&SCHMIEG,LLP 1617 JFK BLVD,SUITE 1400 PHILADELPHIA,PA 19103 Attorney for:PLAINTIFF Telephone:215-563-7000 Supreme Court ID No.308877 TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand and the seal of said Court at Carlisle,Pa./) T his_ 14 day of 20 / V Prothonotary On November 19, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township , Cumberland County, PA, Known and numbered as, 485 Heisey Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date; November 19, 2012 By: Real Estate Coordinator G- :11 V S i 1,0W ?IQZ The Patriot-News Co. 2020 Technology Pkwy e a r10 "'' ews Suite 300 Mechanicsburg, PA 17060 Now you know Inquiries - 717-256-8213 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. 2011-8218 ChdI Bank of America,NJ This ad ran on the date's)shown below: Vs 01/22/13 Anthony Michael Sclo 0 Heather A.sclortino 01/29/13 Atty; Francis S.Hallinan 02/05113 By virtue of a Writ of Execution NO. 11-8218-CIVIL BANK OF AMERICA, N.A. . . . . . . . . . . . . . . . . SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P.F/K/A COUNTRYWIDE HOME LOANS Sworn to and subscribed before his 14 day of February, 2013 A.D. SERVICING,L.P VS. r ANTHONY M.SCIOMINO HEATHER A.SCIORnNO owner(s) of property situate in the lic TOWNSHIP OF MONROE,Cumberland County,Pennsylvania,being (Municipality) (7r 485 HEISEY ROAD, MECHANICSBURG,PA 17055-9773 COMMONWEALTH OF PENNSYLVANIA Parcel No.22-11-MO-095 11 Notarial Seal Public (Acreage or street address) Holly Lynn Warfel,Notary Improvements thereon: RESIDENTIAL Washington Twp.,Dauphin county DWELLING commission Expires Dec.12,2016 al CIAJION Of N JUDGMENT AMOUNT$288,680-59 MEMBER,PENNSYLVANIA AsSocIATTION 01F V.."t Patriot Xtws Now you know 2020 Technology Parkway STE 300 Mechanicsburg,PA 17060-9498 (717)255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT.# 2260 DUPLICATE BILL Date Description gale# Size Rate Net Cos Of Ad 01/22/13 Sheriff Sale 8218 511 $20.00 $ 102.20 01/29/13 Sheriff Sale 8218 5.11 $20.00 $ 102.20 02105/13 Sheriff Sale 8218 5.11 $20.00 $ 102.20 Notary Fee $5.00 TOTAL DUE FOR THIS SALE: . $ 311.60 Kc CUMBERLAND LAW JOURNAL Writ No. 2011-8218 Civil Bank of America,NA VS. Anthony Michael Sciortino, Heather A. Sciortino Atty.: Francis S. Hallman By virtue of a Writ of Execution NO. 11-82I8-CIVIL,BANK OFAMER- ICA,N.A.SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P vs. AN- THONY M.SCIORTINO,HEATHER A. SCIORTINO owner(s)of property situ- ate in the TOWNSHIP OF MONROE, Cumberland County, Pennsylvania, being 485 HEISEY ROAD,MECHAN- ICSBURG,PA 17055-9773. Parcel No.22-]]-0280-095. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$288,680- .59. 96 f 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. sa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 8 day of Februar 2013 r Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: 1,Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Federal Home Loan Mortgage Corporation is the grantee the same having been sold to said grantee on the 5th day of June A.D., 2013, under and by virtue of a writ Execution issued on the 13th day of November, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 8218, at the suit of Bank of America,NA S/B/M to BAC Home Loans Servicing L P F/K/A Cojjnq32y1:de Home Loans Servicing L P against Anthony M. Sciortino and Heather A. Sciortino,is duly recorded as Instrument Number 201328475. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 1-2 day of Jj.A7 A.D. ,2 Recorder of Deeds Cumberland County,Caffiste,PA "t Comm' the First Monday of Jan.2014 MYCOMM*