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HomeMy WebLinkAbout11-8274 PHELAN HALLINAN & SCHMIEG, LLP Joshua I. Goldman, Esq., Id. No.205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 280178 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO. TX 75024 Plaintiff V. SUSAN INGRAM 775 OLD SILVER SPRING RD MECHANICSBURG, PA 17055-2848 L.WILLIAM GROTTOLA 112 MUMPER LN, APT B 105 DILLSBURG, PA 17019-1352 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 11- 801.7' f Civil (er*, CUMBERLAND COUNTc' c-" c m co ;n ?-rt ;rrn '::0 - o - -am ,,)r > 1 C) c? c < - a mac- a iZ) -Tj N) M CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 280178 Qss- 4q a -00 Ph Amt ?? I1a3739 P'# 02 to&&8q 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 #: 280178 Plaintiff is BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: SUSAN INGRAM 775 OLD SILVER SPRING RD MECHANICSBURG, PA 17055-2848 L.WILLIAM GROTTOLA 112 MUMPER LN, APT B 105 DILLSBURG, PA 17019-1352 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 03/09/2007 SUSAN INGRAM and L.WILLIAM GROTTOLA made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR REAL ESTATE MORTGAGE NETWORK, INC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200920841. By Assignment of Mortgage recorded 06/17/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201117186. 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 09/01/2009 and each month thereafter are due and unpaid, and by the terms File #: 280178 of said mortgage, upon failure of mortgagor to make such payments after a date specified 6 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage as of 09/02/2011: Principal Balance $202,479.20 Interest $28,511.19 08/01/2009 through 09/02/2011 Late Charges $1,244.88 Property Inspections $315.00 Escrow Deficit $10,186.71 Subtotal $242,736.98 Suspense Credit 56.95 TOTAL $242,680.03 7. 8. Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 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. File #: 280178 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $242,680.03, 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. By: File #: MO PHELAN HALLINAN & SCHMIEG, LLP LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in Upper Allen Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows to wit: BEGINNING at a point on the northern line of Hawthorn Avenue at the southeast corner of Lot No. 83 as shown on the hereinafter mentioned Plan of Lots; thence by the dividing line between Lots No. 83 and 84, north six (6) degrees fifty-nine (59) minutes thirty (30) seconds east, one hundred fifty (150) feet to a point; thence south eighty-three (83) degrees zero (0) minutes thirty(30) seconds east, one hundred (100) feet to a point; thence by the dividing line between Lots No. 84 and 85, south six (6) degrees fifty-nine (59) minutes thirty (30) seconds west, one hundred fifty (150) feet to a point on the northern line of Hawthorn Avenue; thence by the northern line of Hawthorn Avenue, north eighty-three (83) degrees zero (0) minutes thirty(30) seconds west, one hundred (100) feet to a point, the place of BEGINNING. BEING Lot No. 84 in the Plan of Lots of Center Square Manor, Extension 'A' Plan No. 7, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 31, at Page 36. BEING THE SAME PREMISES which Mark L.F. King and M. Darlene King, his wife, by their deed dated October 16, 2001 and recorded October 19, 2001 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 248, Page 4219, granted and conveyed unto Brian C. Letersky. The said Jessica M. Letersky joins in his deed convey and right, title or interest she may have in the above described property. UNDER AND SUBJECT, NEVERTHELESS, to all easement, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. File #: 280178 PROPERTY ADDRESS: 892 HAWTHORNE AVENUE, MECHANICSBURG, PA 17055- 5729 PARCEL # 42-30-2108-276 File #: 280178 VERIFICATION Qoc l? 1l? Q, } ou??Y?,? , hereby states that he sh is k;sle4 V" of, BANK OF CAMP) AMERICA, N.A., Plaintiff in this matter, that hele is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his er knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: -to I I--I I I( File #: 280178 Name: INGRAM ?It ame: ?oe-?.-?(rZ 2 (ci1,?11F Title: 6os;4w - Vf(-e PAe"41- 640P] BANK OF AMERICA, N.A. File #: 280178 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff x'00! at citmbetf??td OFFiOE OFT -- S-ERIFF Lr=O G'? i= ? ? - 'HE PROT9,0N,1. t. Jody S Smith Chief Deputy Richard W Stewart Solicitor 2012 JAN 23 AM 10: 5;0 cUMBERL,i-'kh'0 00Ui i `1` PENNSYLVANIA Bank of America, NA vs. Susan Ingram (et al.) Case Number 2011-8274 SHERIFF'S RETURN OF SERVICE 11/02/2011 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: Susan Ingram, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 11/02/2011 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: Susan Ingram, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 11/02/2011 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: L. William Grottola, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 11/04/2011 05:19 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on November 4, 2011 at 1719 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: L. William Grottola, by making known unto himself personally, at 892 Hawthorne Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true pnd correct copy of the same. ? ?. :? f A°) ? + ( tit AMANDA COBAUGH, DEPUTY, 11/08/2011 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: Susan Ingram, 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 Susan Ingram. Request for service at 775 Old Silver Spring Road, Mechanicsburg, Pennsylvania 17055 the Defendant was not found and has not resided at this location in years. 11/08/2011 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: Susan Ingram, 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 Susan Ingram. Request for service at 892 Hawthorne Avenue, Mechancisburg, Pennsylvania 17055 the Defendant was not found, and has not resided at this address in two years. 11/10/2011 11:30 AM - York County Return: And now November 10, 2011 at 1130 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Susan Ingram by making known unto herself personally, at 14884 Bonnair Road, Apartment 2, Glen Rock, Pennsylvania 17327 its contents and at the same time handing to her personally the said true and correct copy of the same. 11/14/2011 09:27 AM - York County Return: And now November 14, 2011 at 0927 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: L. William Grottola by making known unto Shawn Grottola, Son of Defendant at 112 Mumper Lane, Apartment B105, Dillsburg, Pennsylvania 17019 its contents and at the same time handing to him personally the said true and correct copy of the same. (c) Coun?ySuite Shenff. Teieosoit. Ina 12/05/2011 York County Return: And now, December 5, 2011 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Susan Ingram the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of York and therefore return same NOT FOUND. Request for service at 112 Mumper Lane, Dillsburg, Pennsylvania 17019 the Defendant was not found. SHERIFF COST: $147.00 January 17, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ,Cj COUMYSUlte Shen f, Teieosoft. Inc. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber Sheriff Reuben B Zeager Chief Deputy, Operations PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS Case Number SERVICING 11-8274 Vs. SUSAN INGRAM (et al.) SHERIFF'S RETURN OF SERVICE 11/10/2011 11:30 AM -DEPUTY TYRONE SNEERINGER, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: SUSAN INGRAM AT 14884 BONNAIR ROAD, APARTMENT 2, GLEN ROCK, PA 17327. TYRONE SNEERIN R, DEPUTY 11/14/2011 09:27 AM - DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE SHAWN GROTTILA, SON, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR L. WILLIAM GROTTOLAAT 112 MUMPER LANE, APARTMENT B105, DILLSBURG, PA 17019. MICHAEL IYONOVAN, DEPUTY 12/05/2011 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: SUSAN INGRAM, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) AS "NOT FOUND" AT 112 MUMPER LANE, DILLSBURG, PA 17019. PER POST OFFICE CHECK NOT KNOWN AT ADDRESS GIVEN. SHERIFF COST: $105.05 January 12, 2012 SO A RS, RICHARD P UERLEBER, SHERIFF --------- ----------- ----------__- ----------------------------- ------ ------- ------ ------ ------------- NOTARY Affirmed and subscribed to before me this 12TH day of JANUARY 2012 (c) CountySwte Sheriff. Teleosoft, In v ARi. L TAR,wY PUBI 5AuG, 12.2o13 L t1TQdi. ?Nl r i , ? U PH I: G 6 IN THE COURT OF COMMON PLEAS OF COUNTY CUMBERLAND COUNTY, PENNSYLVANIA ?,`jk%GYLVANIA CIVIL ACTION BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP CIVIL ACTION - LAW PLAINTIFF v. FILE NO. 11-8274 SUSAN INGRAM L. WILLIAM GROTTOLA DEFENDANTS NOTICE TO DEFEND 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 AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Robert A. Quigley, Esquire Attorney I.D. t? 79186 Quigley Law Office, P.C. 1553 Bridge Street New Cumberland, PA 17070 (717) 774-4002 FAX 774-4009 ATTORNEYS FOR DEFENDANT L. WILLIAM GROTTOLA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP PLAINTIFF V. SUSAN INGRAM L. WILLIAM GROTTOLA DEFENDANTS CIVIL ACTION - LAW FILE NO. 11-8274 DEFENDANT L. WILLIAM GROTTOLA'S ANSWER. AFFIRMATIVE DEFENSES AND CROSS-CLAM TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes Defendant L. William Grottola, (hereinafter "Grottola") by and through his attorneys, Quigley Law Office, P.C., and files this Answer to Complaint in Mortgage Foreclosure and in support thereof, avers the following: 1. Admitted. 2. Admitted in part, Denied in part. It is admitted that the address provided for Defendant Grottola is accurate. Defendant Grottola denies that Defendant Susan Ingram (hereinafter "Ingram") lives at the address listed. Upon information and belief, Defendant Ingram's last known address is 14884 Bonnair Road, Apartment 2, Glen Rock, PA 17327. 3. Admitted in part; Denied in part. Defendant Grottola admits that he executed mortgage documents sometime in 2007. Defendant Grottola is without sufficient knowledge or information regarding the identity of the lawful owner of the mortgage, note, assignment and related documents, therefore the remaining portion of the averments in Paragraph 3 are specifically denied and strict proof thereof is demanded at trial. 4. Denied. Defendant Grottola is without sufficient knowledge or information regarding the accuracy of the legal description attached to the Complaint, therefore the averments in Paragraph 4 are specifically denied and strict proof thereof is demanded at trial. 5. Denied. The allegations contained within Paragraph 5 of Plaintiff's Complaint contain conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 5 of Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at trial. 6. Denied. The allegations contained within Paragraph 6 of Plaintiff's Complaint contain conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 6 of Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at trial. 7. Denied. The allegations contained within Paragraph 7 of Plaintiff's Complaint contain conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 7 of Plaintiff s Complaint are specifically denied and strict proof thereof is demanded at trial. 8. Denied. The allegations contained within Paragraph 8 of Plaintiff s Complaint contain conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 8 of Plaintiff s Complaint are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendant Grottola respectfully requests that this Honorable Court dismiss Plaintiff s Complaint and render judgment in favor of Defendant Grottola. AFFIRMATIVE DEFENSES 9. The responses to Paragraphs 1 through 8 are hereby incorporated by reference as though fully set forth. 10. Plaintiffs Complaint fails to set forth a cause of action upon which relief can be granted. 11. Defendant Grottola did make certain payments on the loan balance which were either incorrectly applied or rejected by Plaintiff. 12. Defendant Grottola, at the behest of Plaintiff, attempted to cooperate and comply with Plaintiff s demands in order to enter into a "Modification Agreement" only to be told after two (2) years that Defendant Grottola did not qualify for such modification. 13. Plaintiffs claims may be barred in whole or in part pursuant to the doctrine of unconscionability. 14. Plaintiff s claims may be barred in whole or in part pursuant to the doctrines of payment, settlement, accord, satisfaction and/or release. 15. Plaintiff s claims may be barred in whole or in part pursuant to the doctrine of estoppel. 16. The Plaintiff s claims may be barred in whole or in part by the failure of Plaintiff to adhere to the terms and conditions of the agreements referred to in the Complaint. 17. The Plaintiff s claims may be barred in whole or in part by pursuant to the doctrine of laches. 18. The Plaintiff s claims may be barred in whole or in part by pursuant to the doctrine of "unclean hands." 19. The Plaintiffs claims may be barred in whole or in part by due to the Plaintiffs failure to comply with conditions precedent. 20. The Plaintiff s claims may be barred in whole or in part by due to the Plaintiff s failure to mitigate its damages. 21. Plaintiff s claims may be barred and/or limited as the actions of the Plaintiff and/or the provisions of the agreements subject to the Complaint may be violative of public policy. 22. Defendant Grottola pleads any and all affirmative defenses as available under the Pennsylvania Rules of Civil Procedure as a defense. 23. Defendant Grottola hereby reserves the right to amend or supplement its Affirmative Defenses as discovery proceeds in this matter. WHEREFORE, Defendant Grottola respectfully requests that this Honorable Court dismiss Plaintiff s Complaint and render judgment in favor of Defendant Grottola. CROSS-CLAIM By way of further response to Plaintiff s Complaint, Defendant Grottola sets forth the following Cross-Claim against Defendant Ingram: 24. The responses to Paragraphs 1 through 23 are hereby incorporated by reference as though fully set forth. 25. To the extent Plaintiff is entitled to an award of damages arising out of this Complaint or the transaction or occurrence contemplated herein, Defendant Ingram is solely responsible for payment of said damages since she abandoned the subject property and ceased making payments, leaving Defendant Grottola unable to afford said payments. 26. If a verdict or judgment is rendered against Defendant Grottola by reason of any of the acts or omissions alleged in the Complaint, such verdict or judgment on belief will have been brought about by the breach of contract, obligation or warranty, culpable conduct, negligence, fault, want of care or fraud of Defendant Ingram. 27. Defendant Grottola is entitled to indemnification from Defendant Ingram to the full extent available if Defendant Grottola is found to have any liability in this matter. 28. Defendant Grottola is entitled to contribution from Defendant Ingram to the full extent available if Defendant Grottola is found have any liability in this matter. WHEREFORE, Defendant Grottola respectfully requests that this Honorable Court dismiss Plaintiff s Complaint and render judgment in favor of Defendant Grottola and grant such other and further relief as it deems just and proper. Respectfully submitted, QUIGLEY LAW OFFICE, P.C. Date: 3j o / / By: Robert A. uigle Attorney I.1? 791 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S.A. 4904 relating to unworn falsifications to authorities that he is L. William Grottola, Defendant and Cross Claimant herein, that he is duly authorized to make this verification, and that the facts set forth in the foregoing Answer, Affirmative Defenses and Crossclaim are true and correct to the best of his knowledge. ` C4,1 `L. William Grottola Robert A. Quigley, Esquire Attorney I.D. # 79186 Quigley Law Office, P.C. 1553 Bridge Street New Cumberland, PA 17070 (717) 774-4002 FAX 774-4009 ATTORNEYS FOR DEFENDANT L. WILLIAM GROTTOLA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP CIVIL ACTION - LAW PLAINTIFF V. FILE NO. 11-8274 SUSAN INGRAM L. WILLIAM GROTTOLA DEFENDANTS CERTIFICATE OF SERVICE I, Robert A. Quigley, Atto}V??e,?y for Defendant L. William Grottola in the above-captioned matter, hereby certify that I have this''da'y of March 2012, served a true and correct copy of the foregoing Answer, Affirmative Defenses and Cross-claim upon the person(s) indicated below by depositing a copy of the same in the United States Mail, First Class, at New Cumberland, Pennsylvania, addressed as follows: Christina Viola, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Attorneys for Plaintiff Susan Ingram 14884 Bonnair Road Apartment 2 Glen Rock, PA 17327 QUIGLEY LAW OFFICE, P.C. By: Robert A. uigl Esq e Attorneys for Defendant L. Willia Grot la 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, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff, VS. SUSAN INGRAM AND L.WILLIAM GROTTOLA, Defendants Attorney for Plaintiff "0 ? ?-1ON0TAR ' ? , ='E 19 Pot 1: 17 sCf L?+Q COUNTY EN SYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. : Civil Division : NO. 11-8274 CIVIL TERM PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP, F/K/A Countrywide Home Loans Servicing, LP, by its attorney, Joseph P. Schalk, Esquire, hereby files the within Reply to New Matter of Defendant, L. William Grottola, and states as follows: 9. Plaintiff incorporates herein by reference the averments of paragraphs 1 through 8 of its Complaint in Mortgage Foreclosure as if set forth herein at length. 10. Denied. The averment contained in Paragraph 10 is a conclusion of law to which no response is necessary. To the extent that a response is required, it is specifically denied that Plaintiff's Complaint fails to set forth a cause of action upon which relief can be granted. Plaintiff's Complaint is based upon a default under the terms of the Mortgage and brought pursuant to Pa.R.C.P 1141, et seq., strict proof to the contrary is demanded. 11. Denied. The averment contained in Paragraph 11 is a conclusion of law to which no response is necessary. To the extent that a response is required, Defendant has failed to provide any documentation in support of payments made that he does not believe that were properly applied. Further, PHS#280178 Plaintiff is not required by law to accept payments insufficient to bring the Mortgage account current. Strict proof is demanded. 12. Admitted. By way of further answer, Defendant did not qualify for a loan modification and has been advised of same accordingly. 13. Denied. The averment contained in Paragraph 13 is a conclusion of law to which no response is necessary. To the extent that a response is required, Defendant has failed to state facts sufficient to raise a defense of unconscionability. 14. Denied. The averment contained in Paragraph 14 is a conclusion of law to which no response is necessary. To the extent that a response is required, Defendant has failed to state facts sufficient to support any of the affirmative defenses alleged in Paragraph 14. Strict proof is demanded. 15. Denied. The averment contained in Paragraph 15 is a conclusion of law to which no response is necessary. To the extent that a response is required, Defendant has failed to plead facts sufficient to raise the defense of estoppel. Strict proof to the contrary is demanded. 16. Denied. The averment contained in Paragraph 16 is a conclusion of law to which no response is necessary. To the extent that a response is required, Defendant has failed to state facts sufficient to support any of the allegations contained therein. 17. Denied. The averment contained in Paragraph 17 is a conclusion of law to which no response is necessary. To the extent that a response is required, Defendant has failed to state facts sufficient to raise a defense of laches. 18. Denied. The averment contained in Paragraph 18 is a conclusion of law to which no response is necessary. To the extent that a response is required, Defendant has failed to state facts sufficient to raise a defense of unclean hands. PHS#280178 19. Denied. The averment contained in Paragraph 19 is a conclusion of law to which no response is necessary. To the extent that a response is required, Defendant has failed to plead facts sufficient to support a defense that Plaintiff has failed to comply with all conditions precedent. Strict proof to the contrary is demanded. 20. Denied. The averment contained in Paragraph 20 is a conclusion of law to which no response is necessary. To the extent that a response is required, it is specifically denied that Plaintiff failed to attempt to mitigate its damages. Plaintiff reviewed the Defendant for loss mitigation, and after a final determination was made, Defendant did not qualify for same. Accordingly, Plaintiff proceeded with its alternate rights including the right to foreclose as stated in the terms of the Mortgage. Strict proof to the contrary is demanded. 21. Denied. The averment contained in Paragraph 21 is a conclusion of law to which no response is necessary. Strict proof is demanded in support of averment 21. 22. Denied. The averment contained in Paragraph 22 is a conclusion of law to which no response is necessary. To the extent that a response is required, Defendant should be required to plead any and all affirmative defenses that he believes are applicable, and only those that are applicable to the instant case. Defendant should not be permitted to reserve any and all affirmative defenses that may exist under Pennsylvania law. Strict proof to the contrary is demanded. 23. Denied. The averment contained in Paragraph 23 is a conclusion of law to which no response is necessary To the extent that a response is required, Plaintiff objects to Defendant's attempt to reserve the right to amend or supplement his Answer and New Matter. Defendant should plead any all defenses that he has at this time and should not be permitted to later seek an amendment to the Answer in New Matter. PHS#280178 WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as requested in Plaintiffs Complaint. PLAINTIFF'S ANSWER TO DEFENDANT'S CROSS-CLAIM 24. Plaintiff incorporates herein by reference the averments of paragraphs 1 through 8 of its Complaint and paragraphs 9 through 23 of its New Matter as if set forth herein at length. 25. Denied. Plaintiff is not a party to the Cross-Claim brought by Defendant, Grottola. Accordingly, Plaintiff takes no position with respect to same. 26. Denied. Plaintiff is not a party to the Cross-Claim brought by Defendant, Grottola. Accordingly, Plaintiff takes no position with respect to same. 27. Denied. Plaintiff is not a party to the Cross-Claim brought by Defendant, Grottola. Accordingly, Plaintiff takes no position with respect to same. 28. Denied. Plaintiff is not a party to the Cross-Claim brought by Defendant, Grottola. Accordingly, Plaintiff takes no position with respect to same. WHEREFORE, Plaintiff respectfully requests that the Court grant the relief as requested in Plaintiff's Complaint and requests dismissal of Defendant's Cross-Claim with prejudice as it does not pertain to Plaintiff and should not bar Plaintiff for proceeding with its Complaint in Mortgage Foreclosure. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: (4) 8 2-- pCM6 P. Schalk, Esquire ;v for Plaintiff PHS#280178 VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. DATE: ?le ?- PHELAN HALLINAN & SCHMIEG, LLP By: Jo ep& j. Schalk, Esquire A orney for Plaintiff 1 Locust Street arrisburg, PA 17101 Telephone: 215-563-7000 PHS#280178 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, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff, VS. SUSAN INGRAM AND L.WILLIAM GROTTOLA Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Civil Division NO. 11-8274 CIVIL TERM CERTIFICATE OF SERVICE I certify that a true and correct copy of Plaintiff's Reply to Defendants' New Matter was sent via first class mail to the person(s) listed below on the date indicated: Robert A. Quigley, Esquire, Quigley Law Office, P.C. 1553 Bridge Street New Cumberland, PA 17070 ?-' DATE: qlail Susan Ingram 14884 Bonnair Road Apartment 2 Glen Rock, PA 17327 PHS#280178 PHELAN HALLINAN & SCHMI,' L*`P Joseph Schalk, Esquire 1617 JFK Boulevard, Suite 1400 RI.AND CQ?NTY One Penn Center Plaza Ct1MERL A Philadelphia, PA 19103 215-563-7000 Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP VS. Susan Ingram L.William Grottola Attorney for Plaintiff Cumberland County Court of Common Pleas Civil Division No. 11-8274 Civil Term PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SUSAN INGRAiM, 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 follows: As set forth in Complaint TOTAL $242,680.03 $242,680.03 I hereby certify that (1) the Defendant's last known address is 14884 BONNAIR RD, APT 2, GLEN ROCK, PA 17327-7800, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. _ A Date /7 1 L? for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED: ' DATE: g ?04.,.00? PHS # 280178 PROTHONOTARY aW?-vlto.som af' Ct,4 l aQu!!?saBo W4 ?JAte 78 PHELAN HALLINAN & SCHMIEG, LLP 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, LP FKA Countrywide Home Loans Servicing, LP VS. Susan Ingram L.William Grottola Attorney for Plaintiff Cumberland County Court of Common Pleas Civil Division No. 11-8274 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knc 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 SUSAN INGRAM is over 18 years of age and resides at 14? BONNAIR RD, APT 2, GLEN ROCK, PA 17327-7800. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 9 khalk, Esquire for Plaintiff 280178 (Rule of Civil Procedure No. 236) - Revised Bank of America, N.A., Successor by Cumberland County Merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Court of Common Pleas Servicing, LP Civil Division VS. No. 11-8274 Civil Term Susan Ingram L.William Grottola Notice is given that a Judgment in the above captioned matter has been entered against you on - "Y' A 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 PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT A SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONL Y ENFOR CEMENT OFA LIEN AGAINST PROPERTY. ** 280178 SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber Sheriff Reuben B Zeapr Chief Deputy, Operations Case Number 11-8274 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING Vs. SUSAN 1NGRAM (et al.) SHERIFF'S RETURN OF SERVICE 11/10/2011 11:30 AM DEPUTY TYRONE SNEERINGER, BEING DULY SWORN ACCORDING TO LAW, SERVE[ THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: SUSAN INGRAM AT 14884 BONNAIR ROAD, APARTMENT 2, GLEN ROCK, PA 17327. 11/14/2011 09:27 AM - DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY HANDINGI A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE SHAWN GROTTILA, SON, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR L. WILLIAM GROTTOLAAT 112 MUMPER LAI APARTMENT 13105, DILLSBURG, PA 17019. r 12/05/2011 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO, LAW, S- HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT'TO WIT: SUSAN INGRAM, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) AS "NOT FOUND" AT 112 MUMPER LANE, DILLSBURG, PA 17019. PER POST OFFICE CHECK NOT KNOWN AT ADDRESS GIVEN. SHERIFF COST: $105.05 January 12, 2012 P NOTARY Affirmed and subscribed to before me this 12TH day of JANUARY 2012 ?' v•, ;Tfm PETER J. MANGAN, ESQ. Richard Rice, II Chief Deputy, Admi istration so BANK OF AMERICA, N.A., SUCCESSOR BY COURT' OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISON LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP NO. 11-8274 CIVIL, TERM Plaintiff CUMBERLAND COUNTY SUSAN INGRAM L.WILLIAM GROTTOLA Defendant(s) TO:: SUSAN INGRAM 14884 BONNAIR RD, APT 2 GLEN ROCK, PA 27-7$ DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTI E IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED O HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FORT HAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE N ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAIN T PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITF N APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPER'T'Y OR OTHE R IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS Ol CAN PROVIDE. YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVI 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 LL(7 249-3166 By: Dana Ostrava Esquire Attorney for ' ntiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 280178 f a ? ? ??UO2 NbTlloce 10TAA; 3 PHELAN HALLINAN & SCHMIEG, LLP BY: JOSiEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisbulrg, PA 17101 (215)563-,7000 ^JNSFA 0 tNNSYNANI'orney for Plaintiff BANK OF AMERICA, N.A., SUCCESSOR BY MERGE* TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP 7105 COkPORATE DRIVE PLANO,'rX 75024 Plaintiff VS. SUSAN IINGRAM 775 OLD SILVER SPRING RD MECHANICSBURG, PA 17055-2848 L.WILLIAM GROTTOLA 112 MUMPER LANE, APT B105 DILLSBORG, PA 17019-1352 Defendants Court of Common Pleas Civil Division Cumberland County No. 11-8274 Civil Term 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: There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. Defendant, SUSAN INGRAM has failed to file an Answer to the Complaint, and Plaintiff has entered a default judgment against her. A true and correct copy of Plaintiffs Praecipe for Judgment is attached hereto, incorporated herein by reference, and marked as Exhibit H. 4. Defendant, L.WILLIAM GROTTOLA, 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. In his Answer, Defendant generally denies Paragraphs 5 and 6 of the Complaint, which aver the default and the amounts due on the Mortgage. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint, Defendants' Answer and New Matter, and Plaintiff s Reply to New Matter are: attached hereto, incorporated herein by reference, and marked as Exhibits C, D and E, respectively. 6. Defendant admitted in Paragraph 3 of his Answer that he executed the Mortgage, promising to repay 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. 200920841, redacted to remove confidential account information, is attached hereto, made part hereof, and marked Exhibit A. A copy of the Note, redacted to remove confidential account information, is also attached hereto, made part hereof, and marked Exhibit A1. 7. ' The Mortgage was assigned to Plaintiff. Said transfer was documented by an Assignment of Mortgage, which is recorded in Assignment of Mortgage Instrument No. 201117186. A copy of the Assignment to Plaintiff, redacted to remove confidential account information, is attached hereto, incorporated herein by reference, and marked as Exhibit A2. 8. The date that the assignment of mortgage was recorded has no bearing on this action. This is addressed further in Plaintiff's attached Brief. 9. The Mortgage is due for the September 1, 2009 payment, a period in excess of 34 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, Defendants' default is also evidenced by Plaintiffs loan history, a copy of which, redacted to remove confidential account information, is attached hereto, made part hereof, and marked Exhibit G. 11, The last payment applied to the Defendants' mortgage was on or around April 29, 2010. Plaintiff applied this payment to Defendants' account for the August 2009 payment, as is evidenced: by the attached loan history on Defendants' account (see Exhibit G). The account remains due and owing for the September 1, 2009 payment. Furthermore, Defendants have not provided proof of any payments they might have made. 12 Plaintiff has complied with Act 6 of 1974, 41 P.S. §403(a), and Act 91 of 1983, 35 P.S. §1680.401c, by sending Defendants the combined notice provided for under Act 91. The notice was delivered to Defendant's address, left unclaimed and returned to the sender on January 6, 2011. A copy of the combined notice, which has been redacted to remove confidential account information, along with the USPS Track and Confirm information, is attached hereto, made part hereof, and marked as Exhibit F. 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 Plaintiff s written notice to Defendants (see Exhibit F). 14. Plaintiff provided Defendant with the opportunity for review for loss mitigation. Plaintiff was unable to complete their review, as Defendant failed to provide a complete financial package as requested by Plaintiff. 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 Plaintiff's July 28, 2010 letter to Defendant, communicating the reason for loss mitigation denial, is attached hereto, made part hereof, and marked as Exhibit I. 15. Defendants' have failed to sustain their burden of presenting facts which contradict the averments' of Plaintiffs Complaint. 16 Plaintiff submits that its request for attorney's fees is reasonable. Plaintiff will address this issue #urther in its attached Brief. 17 Defendants' have the right to reinstate or payoff the loan up until one hour before a scheduled ;Sheriff s 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: vv 1 BY: J se P chalk, Esquire tto ev for Plaintiff Received 08/07/2009 08:29AM in 00:00 on line [0] for DOC PROCi * Pg 2119 r - - •I 1 F pET}pNT/y t 5500 Hfnwzm Drive Sudme*600 ?-? moo, TX 75024 r ?r6s1 I PUMP, ° ? u?ceaa?atd?8n'rl?: L}?,-LSD-?t!]8'2'?fo Ptap??A fl91 AVM f ; {F r7S C s "M A 170SS' i IZT- N?05bt)tel3? 1 MOMAGE i .. ti DE6it'fl'FtONS ; i • 1,VatdsaedfsmsIV a dkmdAlLdomo-1sm 19,IB,30?d3r. Caalho"hnng:di.gthcca,pea U?) ??cist{rmk m da mein ffo IN ?$jb,?lQi9d! 4p?pt, -Z.O • alegr a? ?aadretW[Taod?roodLaodeic'?+? Ta1?tM.rIM. i?t?+m+d>tod??'I orp m Bia Ym nIL la r,40aH, Od. llm.wm RN ms"affiew- ad 2, A L 31, f11ais fs4dW KLBC'.6 9, 2007 : Apthw ?V =MN S Vmmwx Lw_ mom b duirmmw Oft imodv. ayv>tcw ? i ? : ? j Alummmm. 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Agy?m to eey otbrr soemutc rtes ? ttlk ?_?? ti' [,lada•mml? a ?yaed dtna llaattnta lbt m,moalla pad mQlde *>a•?e ?+C ???? ?rvosam4tpeperBie7bemtG ?ptiedtit?r>!?A i fBo?floN?erdoes aot$u ?ewlddq. we?R? ?' s Senasr.r, uaoa>p? esefoef. aalL !? wsu Ire 5eeoet? pMnr to mtedoo¢e. Np etllst ar dtim rder? e? 8caolNr ?m mdt6?l? Atle s?a?+hroq?beeads?ueepu?seoaolbritdcsee?akp -'?" ie t( moi.A. M alk Ut SNOW, 2. eif #s?pr,ebe Mgd?rdpledrpa i?? >aalkr4Aam; • ??•• - ??,?,, ?n9tg? i?l?latndrP? • eetbemm?s loeid>taelclMeffioes,Sawa w Sobft emerp, x I rises rar. % do "wiel" Fans R!!YMME T pme! of77t w i ; i ? • _ ? i i • i k i e , c ; t Received 08/07/2009 08:29AM in 00:00 on line [0] for DOC PROC7 * Pg 6/19 ? • t i i 54app!<aatonq??atet?esdoa. Vp?tryptrpsyiadsapplladl?ntbaagpeep?ysamtolse?sasdtLea as deial6ad a a. Aia6e. pay sq Eoegaa dy?alssdar dauituaa eF +iaM+?cl4Oae?c 1¢ pdro?irtduaadee a6s MW )odt?asls?tmirtaat a?4ntaaiyr,3adte sidinocastdor a. FmlalaerBralar?itema. 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I Received 08/07/2009 D8:29AM in 00:00 on line [03 for DOC_PROC1 * Pg 8/19 I . i i ! i i wdlilSbssetlaupr& EVAIKwirelwweAre b 116w mtdswes?ndaetlllatlat. 4EMNIwrewgatrrw. 11arrawR pnp??ialoxa f> aE ud$MM M tdtll?eokenbi?aaQ !h[ro sib mwasade.aatomerttdse iqmkd'kyLoader, *t X1O% 9r#ewanGlawt a tpta . sst Igo poit4jr etsell todmi? oRnedanl sdvx add al m moldwo aasrldgwe now" i'm cwt Iuw ? l?armta[1ms,eanwnrr?dldhnpeaagflaalf?itolw[teamoaaiasadLa3er. jmdsagmL pmd of lass ff mt CM&pmmppy E"jmL=ft wadAmm wrGftr m d waft• aw twweeasoepeoeewtk,a(rttab oaoae,baahaTtonsraevt?rleswder.elwtx5eeptdled eesxlleawder asrepe?ettrteft*mrty.sme eoaarrs briaeaoeta$iw4fsadLavirtr lt?ptlsae . tlsadinpdradrasmtMy¢pared taodvyaltllaabonddlddh ebtoldbtaaae.aadl lam cm?lelrt a i+an '!s boa, leu b d as qpmum tot mmon ?ftwwq eqf lo?iiha wm"k bm pawsadd fiat Sods fapatloa amg be maim2ow m ?a wwegr t$wlwwotw peeeauTo an npdta me ntiraeaataita apragrt?ttwkxnAtsd CpgeuotQr;eiiewsskifwarde?t, a?etat.t is ouds iss w,lUoB et ApFdtaffa ?a mgesea m 6. Pm es wne4 toweraaaa awe we be lead ftfpwft ssWtmdbifncrdranrdaRset6wpwidaeldbslw ealaa?beiim?l6r dom. ulberetltngeoaarre?kfsmtamrautpr?Abtsar?swwee?nwwwoita 5wia?sad,sf?w droondc +R iesgtp&dlwlie.?gseuoad6Jltis nte?w4tAieeeeralikadllhudlii#mfrm ra toHwnoma: SM!iINS 09 p?xat"be?t??rdsar+tlespaMSadbt'irSMOaL tCilmmer !n Property, iwwdla'm9? .' `rrwppbte otli fwwgee?tat w ta?wt.ro tddo.wd n?tlwtmwtra: trBar,tarv,?r?a®trs?tfwtddadB?de?+eelwapdaalfLoafsNdt+rlpwp?lweanowsaoleeias ss&Wtwwditwadam,tamEmft_m-00o IrsawetB ium6r. 1!wmwwpft#Vmfgdr.tlsOetlo rttt@p6iwpttYpw, rammn'zsvt?ICl'.wllEe+? aairwrsislwa7Snr.3wnp11??rrnewr5erwtpt? mo?m iox6ldwrfdsmftee'adwtlsWwgY ep?lewiwswteartiawtOwwlthMtAiuaw?kn?wid opl>ctublt aad6?mvatpA odm haPt0 , La aepar to pwy wnavek w "M ader ftmim L Gum m , DOttatlla'"gl:Otpy, a pd*d If owlm?etiawfaaeyetralbrt slwteaialvtpnwiy,sttdsuLmkt?to nfdtb aauorxetlwOl sot haaeaeaombl?s?tlpd? oreadars dd?ewet?ttdtidi?>aaXwed?oa?p?ts 1 aaa0d. ' r. 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EMS MOartw m• mpalrtr ie tWdbb ud lrarl?me3 re{pl-, Nd mlrealleer PAet, law am bane go aw b heeBawra 1Ar vxb as l aw& b+s wd " opilamedbr m bepret rreb to etch i?6 Mee ?lo faaaTae?i peslbiti rt ' ?nehdarrasemtlu8?jree?y. ?iripea<epidlsmeis•daoalraEa _•ortatawdore[}nparepey?rfe?+etsradrswmkle iMseanadele aAp?e . xOt 4maadxld"IffmamFraoaeir. 1fQwa+?ioe?mwnpftbeur +eerr feted 1 i swum QOtae?a OTJGJ ! d17 ? + i ? f i ? + 11 i ! i Received 08/07/2009 08:29AM in 00:00 on line 103 for DOC_PROC1 * Pg 11/19 f . i 1 t! ? i Tiaotmmmt.u?din•airmalitmifmm.mdltctim:?m.irmgFrpmi?fa8oravamr. itadilSileta?imm?msThtmmaedtlga ' erndaftbl. dme altm orbutawtmefdaPsq".i6aiff a f.mb-Kk itppd letbm mtataamciatdlty lfdr$emilq T?atruapeArr viim0arar amt dtm dm ids tlim mm is. ihmy p m to & a.aaaaL. pssdiu eem4wepaa. er tam! lnvhn arnia Fmpa? ms t5alitSr meoemd wama•r ttsl?gtxgr 1 a d?paaloll orlommtavotbmfe toor?pstiH "lkm =mf aFt?mammteermlbp? lyr6eo?rthrsr b?ial5e t drIminvdg% u?ymemoaa?madtaad?eal6?ntbma?aotaw?ftli??,?+ dd?8m?ri?l?araimrmd ? ik tm+?.d oClialtdc?mP?afmmiss Pwrsodsyf<yfies?omdrg • ? ihr laid n?mKmtariatm aow ameQ.dLnatimla{? bmrdlilpw?tdJd?rda?nmdtaa,otkrriMr+ii adMdM ?iT?mbdratiriMiom arlb propenyhm?lrleEaordie ttli0g. ,imrLitifl?min. Apy?ldbe_ jifdm?arami? to aia eamtot a pmtitd . or EeR Im"I m ordmi e+n -Saulft i m um tv l d amFP?o ImF6wuimpm?ipiiMao atrlmmetardpm111mat6malMagiamlmRtliuttas ?d. prNol IdaMl1. brta.min aliom, liaaaNmrmml3.rdmrabeiadme mgtwta?nitprt.?bmWboegenenoP4voeodba>fh96s pp ifo0mwm acm-111@9.soemgy? ? aot lhmmiammate8imadoa t ? 3L' qtm llaeptti? is m?feoed 6y ilea. mr i? al?t'oEtbs'?r Leader to liatsnar dal d?e,QppAeg lOatl fig dmb W to Ma nL* mmmblrtrD Mai to mmdo ®mmnod aft a d im Ear dmnp. gwxmmsr in MpIld to ??1llYl[30i3?rra?o'16eddedromoY?+etsj¢?i1r?s6ui.ia?ivslmtbwlliiatialy? i?YiiiYa FiavmtlsmYltatm detepmtcOL?m OrdItrimmmsmmwemib?lfdmSaamiSyrbi m4md4a t7rtlm?t?ml1 /?? `Oppmda?Pme?"'mmtaes ltim dirdp?tial mmtam 8m?winrldl?ibmtsmmm piacmmdamTt6mpsly 8mli'm41mr.? ? la lr ?ff01 mC lsmmaitilop? aitimdttlr a? OrR?lr Y ?? ht Loii'mr`6 Iwo". OEM= el*lkl?a ar?ltape?q o oY?ranEsld?Otl?r?ido"dmlm?irl lRbil2hOpM1y Willow mi pNeldmd Ls ftff m 19. 91101911 me now or b ?[ t? 11i?t t r1? 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OmtBaELuowa'? mad?nvmwlelaoiratnendtmmsr t 8mmwe• haft ` RStRUHOtT- MER4 ew56. wa.'?oatrn s ; i I t • F ' ' 1 . f i Received 08/07/2009 08:29AM in 00:00 on line [0) for DOC_PROC1 * PS 12/19 i J t t ` ? r I 1 1 ? 1 I bitdaetmdiaenaatiola{a` IW? I ddadaaml?ytiaataee, aat t ft 040wv blssd Ot dbt ` ?. ?r a? ? s?? i6r4oft a h or p!a?topr?ltnweeaaabtdtytiYi 9stiia?awf:wdf?:?sdO[ ? d>apabei In atrMlf@fY11 •?6l[p?m3zift i ?llll?tl?fpdRtlllwaFt? 'm?aq?3m6r.•r?l?awol?Y)Ea?ia.? ittl?i? ??fa?da mmeel.8 c>ths6ldipnb"Inm saaw"UNPIN naing" nuke;k'Me>??ot?Ia?er?ta>?lneleaasbrnfQl?, 'ibe delta 5 aea IdwlbladOftipasplyAdaQ? ?mdtiaaetklbe awat+ialQwdl+d?a: i?. u pd t7rspir. ttaieraty 11mmuakanoael em br.pa?Og mmawtumvms a idsolLtar Ea3 ps7m mFpratst<i? Lmwb 'a eieauWita ltra Wd dgtk aeiaEvjff, bomemo R, .? CID oatUNla.hmpo t AN.7et11 GWAN16dw Ase+aeaeupnaa?u"tmftSwsiblmsmm laaweknd aiapddbtsaataafia aRleadl>>be. txa?xasylba?Erikaeasteaata<imRy}Mbtltldbr+lrrrsewF* kudamat?ar aY ApCAOr. : ? aie lma la mdnaot ro a7alrviair.hawemaodadoi?toap eksapsi. aad ebm>?w ? ? as ? lie tr?rwitraibmleas?eaofcedaias?•twc?rmdinceepeelamrd?Y.isrmrmaoat pMdtr,. ebw J*ww mk7aam 6ereimdi?Mai pli 0r1p1?bwditarAw+ to ?df: 'sad itr? np tewli a6ur}e cr?adad fiam ilmearhfr? wended ?erAlbd BaAGs 1lltl & is Heemrwr. 4mtKmgdi+a?bmdae?rrdbidlpradvda/VA*mdplaredmdbetlwN?lfealty atrestpr alai to lseeoawee. Irv Fdimd ndaoa pt7dtmt. sbe QN, ba healed m • PUM Move IV PRp???mPlMballsa?eoeapa?P4e.rrw portlfdl9re trdxs e tpsp•amdtiir6r+fdrmldelg?dbaetpgpmmtmHactawar arfs?Yatawbrtad'o?tq?tat ?mreMrtra>kht Piave arteiy sfttahaq? ooeadimge. Ii.?!NMyiaa. 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' i • : e I 1 L r I l • I . i t . s Received 08107/2009 08:29AM in 00:00 on line [01 for DOC_PROC1 * Pg 13/19 is = 1 1 dat1>r6mpbdseaaedllagwitkApp?gtb[mLmR, sEd[amaffadaffi rpt martbk5smr mrtar 1M i?tsia rdddi csa k' gMm? vd?>elt ae?Siy m Amvamd[Rlldt6mc?'bpk+amseC (p]vrmaLta[?a t3eltamaaamd? armawardt srveeratk of Waiafaa yqb.1 tdJ waob ?aH me>a>,od Qe IwVki vmma; amd W be mooed 'bm?r` Elva eaTi LsiL a?>i, ta?m?ce mqi m waaDr 1ROad. i7•nya'?be?wo?oa?aFa?aaptadaSeasl?. 1R. ilnwmrRr>.Cths araNftmmMWe[19?Sd Avmrd6SeAt l&'tidsri[ia dm rtoj " taatfr mg OW a bmew tiedga[ Al ma e;y, 4 . ipt mt matd 1d. flaaee 6ar?i bNeaarAttralrfln+d[aw6and?r4rd.oesameclMdee? mdaeaa>6adtxraeewea ? sx dm IM M of gvlMAe bt Zia tresa?er catgQs 6??a>eomasq a delaea dda ba R patda>er. ?CaB ora?r pgt o HeRtg?a? orsogr ?pj?e? is idid or pamat4ual for k ado aieludpmi>Yleadabeaetii*r*I a btsf+llR wwoo. isodaripasvmdrta<maeeaastl LwAmmy ga4-a -, f>d[er?ieioMaiit? {tAeoad?LYtmxeMt. AaAmvl tap w -dmEaot be wxoLbad iV lades wda >aevwe; Ic lpd?leflerAt?e>ita Laef. 1![ALdaraasdaec deta a ptlem.Isealerskdl yes#oiFwoc[sw dwsi0 dgrs!<raa RhsaNCliae? 'emst pay?7rarwmam:srsdtry mt: Smmeta+bmttrs?e ets Belera.eer. ]tf. Nes w.ds [/ti tRdmddsA@arAo hmas did tobaremWaemlim firmaS live &" bs&mslttet Orom Fit:Lmfl Pwan t to a s9?es plot ac Awe Iiiv ia[?it spe?far I t>wm edbn?g _ s@mu l bd mm L thew t[we ?W b. Qsawtderm6?csawYgr ss oFse?rdi?esverssk?? ? 9me e>et]ienilbd ta. peapemsalpmbet6?Lsoaait letwmt[!a 16sP[ge umm>:Ler?roe?reapatbl?r?ts to momma d} lmptoaemme.aee[llertawst'mat? tnpaprtitsm as[v** baume pramdsratimOftsamaan 2L SaleotdimOt Cbaporlmt8MVMMpll (ti?dleerwNttikIll rieeecnlpme?odumddemi ttstdtOtaebamemmsm tamer-Una f amdlbbi bdmu=?L mdAbWet;traebeNStO+M endpum?m eaild aem?=Wmmig MUM & Rdwelra?.e?ea?aSermm6MtViam:I ,stales dm amso med of?e??r1'aM??iyyaRa?laCG 8amomo: m?_ ,?LBLC' yv • r? •- e 1 ' i ' f 1 t t i t 1 ' 1 mt(ybamanommEwR6od!latbt{,pma esdeearad [mnaarmrm?abraa6dm ssndl6se?s.9ssaowara3.g aem11me1d at aa?alsm peter !A ?tket ed! (.} ?a coakdrad w lids qtr (dl aaah af7lbavMme'std?itEo mr?mlryefs e tlrat?m?arreec W ra dl ssm vldiide f F i Received 08/0712009 08:29AM in 00:00 on line [01 for DOC P.ROC1 * Pg 14/19 t s' i khOatOMMMsaqkesloasmModluvaasad?aftrq?rOt IrQealfolttsa?w ddimdw algf„o¦rfa aair4xdl?pa i?c3a?leerollRat$a41w7????teY.?lpa?elaln?ll?eM?elMt R¢ WOmubw0hlNtLasSRevleeraa•6e4?u/1??axri tAnSz?eprMWTA?Rd lrytfielPota pa?lrRatolaga aoAa+a?egtaadia3lgt rloilrla Naldnr9onerlrraorLtmdre ?f ettannetol.jdl? aG6a? tt}YSue?ddablm ryaa aleavaeia?l ' 6afjRn!arplesaa ataa#aaj0?sta?stmaaOtaol? is p?uawdlaBi9laa?ty?uRemroaflail abd spa Art tts atlas: paetglRe hadme aqp paarieiaa ? araa ? ttwe3l? aaptr aC.1(d4 ! baAe+saeatt. vOl+n?eS?a't.aa+?9d tlpattiRrp? jrlth,a?mAb?,laala a+a?eoe.ca oys,nlelearoaie ad9Rt£iea?51>xa ladfeOdl6ma?hsmlax" sdSrjea??aea?etloaAioapaslRBRraac?e?ubyrtdda aolba.a+s.1a?+.ah..dtuna.lfaapeur.ooa?apleada?+.ne?. aueau?. coati. t¦srr. As tlmr period wttt G daawi sR !a lrpRR?a?tR?t tSa1a p 'JU SAM of IMOM Oa see app.tmIt sO weglwwtD BMMM 1a 6adFa. se toi boa ?oaea srieeaLir?aa ?vsa fA3uteaaaaBsAett6et?atatto ?1RawgoRagadappalaatgrrosFaaiiaedaapaorbea. ofsksdsa l 21. It ' I Mda MUM Am uteri as 6ift Sats$aal21:4 '19Aalkme t thole u1shu q de?RdsRfooak ar tasaaod?siady4Arors, peltatmis, eawwalarlyt 8ouleaaneelellraremWiR udala?eee Elbe.lawabre,oNaariYamdatdeora?adepaaalaua?ud tatAepfdOwwiledidala:+ala0laaoivasw. jMMd& m a n ada6lrlasoe?atd?oylba,igaf aurRAdR alapaarla4li?'see?aafidvit l to ftavatasrArt>ivpaa!ytartee,rcedmaARlstslx .¦dS!'at+eaahaeiamtRlpatedefeas hwsaadbwaatpr,Jsr a (d *Nwb--W Cl.a W kt6da aaq eapmge a<`Yoe. a,gBRt aam, or =wwd actor, i ddtaed bt S avL'emeMW Laws sad to a 'awkwomw GnaAw axaee a a Nds m gat M =ENVaatdde? aa, ax albs MWMwlftM kdwMRbdige . Ile I I raoiaDaotaanaa,eptidtltro ar;. rr dxW6arrekva Si?andalaueSadaaaeasaa? to Ila. 11 aRaddnd 7a afb0aor 7mMaaeeoae?a4? iaAabsri c an . Siadersamt+! CaaltAna, or ? " ad !t daafe bepar?Rae,Rae.alawda"dare S?a.aeal.a aor/Itlas 9ea1 alows affiatt ft van ea qua ` 'lhe "AM lip* ba Ar prOladg.NKAeRNwVonalla wwof ?fgt?d oaw* lpa?tlE ic>de.?aatafas to aormA aas+Wd [o of uxP+ep. .?odt?E• ad amt 1ffibw a&. im:adRS aeheaaoee to maamawSM&CO. ]Dat'tt r jhv L eedax tarlUal "or1i? aJRCaa, derntaej lattwR ea aaler ?hYm?r a'??t?t?* ? laeet ooier>?a?RRq?aat.oA?? aq??yedaom?.bdosa+tMbe.?daA?i.eair erLawaroYiaBanamr6raadad 744 - oasmtate ee. ?A' oy?et. teel?g. •aeimaa: aNwte?ataaq a? >lwltaoeiRee. see W m? ?eoedqT..oRalea?oee?rsaoeRaRnaasrulw.ad salddaaoi..ra??oitasMi.se'4n .. - - a?arpegq?. Q3aataaev lan=ai, Germ eo?sad ? ? ecea? tie a? 9n aa?ttanaRalaRAr:sm111111 lag8or<dtre? >far Sac ] +now" pid"aiz?nan t??p, a"bI`I?rAi?aaradafLaoa: ,hifr?awse? e P14I1ANWO AACOVENAM-s. Sam= Wdrmft nt jrmsanteaadRpueuJb?RORr ML Aaod«an(m; SaaMAK XII dpai d* wAig m INAWN PAW to noodeofte loft EnatnawMsah+eee6 .rratw+a?atenaeeseromta 1rrOrraaR06atuttpelareeatxdQal(aaattde: a edwav?salFanas+e.st?Fa.. ,?°aad`aoasar t?* awaoa.sras??xr-?t'w?artt! wacro a S a - t iF i a r t _ a t Received 08/07/2009 08:29AM in 00:00 on tine [03 for DOC_PROC1 * Pg 15/19 t ' r ! r j 1 app 15 malemmAx4teAkUeYnAltlaS1A'K4/?L1 1?M laq?lBaMONala ?? (4 the defie tt ltb So Wind 6t ea?aibe ' ??li? imlEtmmoE ba ud Apt hems to two the deTiet ar; ipee e@ t tsm? et; tom eased tttResoi td9e I imtrmaa!l.dlt.?d9'Pt'oad?+?ai tha ifm?a .It?er? altba?itbsott?ai?`IOeQlwmlfoYaod tlR ofeA?oltare?e?rktdimral9alawerfa ittapr.lt/Mif wsoktnmed?r sue. berm 8s: aPiloe my' Yegrke 1aPoii d tai moors wtateeii6p lido 6ea:d4Y 7skomoLSnihm;imaatMatarrq ?tleoltoo?krn?ps+reari?.I.r4der doff bewoil, lp atlOd? t maoe?sdir esmais 1b1r??iLs but pmt ibafted b, aN? ?arasd edrb o[• ip ffia ? ?eedtlei ?' 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Oka t vwv V raw 4 t 7 , i 4 , i i i 1 1 , i ti da toot Receivbd 08/07/2009 08:29AM in 00:00 on fine [0] for DOC PROC1 * Pg 17/19 ti + 7 ?9paw76eleu?tl?[?FwAeA?Yi " ? i COMWOiWKUWOFPMKMVAWEA of t""'t OOmay {? an dt the i day r AAaj , boon mQ ""4Ci i ? t3s a otecsi persooaHy lamwmlaws (Pr yF++vm4 to beampmoafld;adfoea Wdts.beodbe¢b>tLa L t aed arltoomvw mod. kmdald eyt ftw = 6ee, tde 11' 11 ter noeoe<un eaeatuei ti in WIMMwbME [ knOI3 rd aw baodaed aHldaEsak ti THOFP9dh4YLVANL4 t Nomdelaw Liza A.On%NmWyPklbk ldlrt:an?4Mor?ggq.lulY+2?4,.ZG?ft . I?iemba,Par?sAvaNaifssamlaNOnotNerorloa i (md+rlre S'6tmpmAzubonad i ;6SY t4PI w0w.- ?G4"?- r .zy ri.•Me•Ca?(,.??0 l'?.elre?s.t ??'*'*r'( ?' ppl?rt55 ? -#'1zar, w??{^ rt4?? ?G?°'S?e. r; "?? klr'?FncJ .c'1-2.. IIY? 12 i ,r?r E.?tjG- r N ?i . fl"lro4ai to 110 9 PUCAI-14 Received 08/07/2009 08:29AM in 00:00 on line [0I for DOC_PROC1 * Pg 18/19 „ A[,L mTt73EC1;Awme mp, OF [,AND, CMAM W AL3JW TOVIMM, ( LAMCQUM. Hmmob ?AIrI'[C[lIAUYHOtMD6DAND= ASPC] MUTOiVrh HEUR(NMO AT A.P[11NT ON ME ND LIMB DP HA1 TM83NAVf. M A S iCNTJM AT'T'!?ffi P003m= ? ZI: HERWAF=]dSNrWM PLAN OF 728MUTMEXURUMIA" )38 WWLOT8NO. 63 A'ND 64,NDlt 81XQ 11> TY,N"m 7mTY(36j88(70ND9 ,0m3i0F1[xSUmrz 3WTG xPSL' wVm Y- z p TED1l1'Y04 8HCONIMPA D3E (tom Fwl, TO AP 'iBENCSITY tL? DIYJDRit3L1NB LGCS NQ. 84 AND i3. MR (6X P3F['Y Na18 (9P} iyltl(IT>? TH>8.T1f (?D7 B?QB W138T.ONI3 AU[DM F[3j V (WTBKNaKff=N ilWPF 1?A1DQU1?tVffi+ltffi; 7H HY mw_-Fumq1 11 A .ti $81C83YTI18J38 ( MOM06 'IMUIFKr • (M M=ND819W.ONE HtJrIDi M VM PW'rO AP°OB ,TIM M (IF BEOM [A 1'1V0. &i IN THSELAN OP I ffTS OF CgUMBWAM K4MP. IiSE?[ A"P1.ANlt0.7??IV}IIC4tPY.AIiIBRBC?tDBAD1'? CXIC1Kry,AxummmO ICE3NWAi BO=31.ATPA(M36. e Cammmawy kmm mmx 84131awfLom Ava ' bfit -Ww& PA 17aSS Haw gm. by ahowinl Wa addm o no aWWhW ow mac it prcv[ded. f ! • t ' • i 1 e is i Received 08/07/2009 08:29AN in 00:00 on line [03 for DOC_PROC1 « Pg 19/19 i ' s i . i ROBERT P. ZIXGLER RECORDER OF REEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARGY'SLE, PA. 17013 717-240-6370 « a tent Kmber - 2009208oi1 A On 6I1+JV M At 12:34:17 PM t TMtel Peaft -18 mi Tye - MORTGAGE Number- 46438 User ID - ju pr - GROT OGA, L WIXJJAM pe - TGAGZZLEC WMC REGX9MTI0N SYSTEM INC er - FIDELITY NATIONAL 27"7 MUT TAR Me/A=S3 To W.Dnte VMS - W4= of DMS XL Cln%TMCrAT= I WMABLL ROV8=8 PST 3 ES PEE Ali EMS Fm a IM= $0.50 $10.00 $37.50 $10.00. $11.30 $2. D0 $3.00 074.50 Cerficatiun Page DO NUT I)KrACH 'lam pap Is now part of this legal doenment I Cerfify this to be recorded in Cumberland County PA 0 ZIG I'AL MIN: Loan Number: INTEREST ONLY FIXED RATE NOTE MARCH 9, 2007 RIVER EDGE NEW JERSEY [Date] [City] [State] 892 HAWTHORN AVENUE, MECHANICSBURG, PENNSYLVANIA 17055 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U. S. $ 202, 500 . 00 (this amount is called "principal")t plus interest, to the order of the Lender. The Lender is REAL ESTATE MORTGAGE NETWORK, INC., A NEW JERSEY CORPORATION I will make ell 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 . 7 5 0 96. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(3) of this Note. 3. PAYMENTS (A) Mine and Place of I will Make a payment every month. This payment will be for interest only for the first 120 months, and then will consist pf principal and interest. I will *ake my monthly payment on the Is t day of each month beginning on MAY 1, 2 O 0 7 I will make! these payments every month until I have paid all of the Principal and interest and any other charges described below that Ii may owe under this Note. Each monthly payment will be applied as of its scheduled due date, and if the payment includes both principal and interest it will be applied to interest before Principal. If, on APRIL l , 2 0 3 7 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 70 GRAND AVENUE SUITE 109, RIVER EDGE, NEW JERSEY 07661 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 1, 13 9 . 06 for the first 120 months of this Note, and thereafter will be in the amount of U.S. $ 1, 539 . 74 The Note Holder will notify me prior to the date of change in monthly payment. 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 ito the accrued and unpaid interest on the prepayment amount, before applying my prepayment to reduce the principal aunt 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 pa$ment unless the Note Holder agrees in writing to those changes. However, if the partial prepayment is made during the pieriod when my monthly payments consist only of interest, the amount of the monthly payment will decrease for the remainder of the term when my payments consist only of interest as well as during the time that my payments consist of principal and interest. If the partial prepayment is made during the period when my payments consist of principal and interest, the amount ¢f my monthly payment will not decrease; however, the principal and the interest required under this Note will be paid prior to' the Maturity Date. 5. 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: (1) any such loan charge shall; be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) 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. INTEREST ONLY Fixed Rate Note FE-3166 (osos) Pago 7 of 3 i,xuas: ?Z?J?- 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the 1Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after ttte date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5. 000 oo of my overdue'payment. I will pay this late charge promptly but only once on each late payment. (B) Deult If I do root pay the full amount of each monthly payment on the date it is due, I will be in default. (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) Pa*ment 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. GIV114G OF NOTICES Unlessl 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 moro 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 oblt ated 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. "Presentme#t" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to requlire the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIF(?RM SECURED NOTE This to 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 dote, 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 o2ay 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 Mender 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 expiratioln of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. INTEREST ONLY Fixed Rate Note FE-3166 (osow Page 2 or 3 InWals: WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. L i'?CiL ? (Seal) WILLIAM GROTTO -Borrower (Seal) SAN INGRAM -Borrower (Seal) -Borrower _ (Seat) -Borrower !s/gn Ozrginal Only] PA THE ORDER OF _ CO-ftrMde N.& 8 HN, VICE PRESIN WC. INTEREST ONLY Fixed Rate Note FE-3166 (osos) Pg. 3 0 3 \71?. e Recording Requested By: Bank of America Prepared By: Edward Gallegos 888-603-9011 450 E. Boundary St. Chapin, SC 29036 When recorded mail to: CoreLogiq 450 E. Boundary St. Attn: Relgase Dept. (Chapin, S 29036 Doc D# 20914987107051215 Tax ID: 42-30-2108-276 Property Address: 892 HA*rHORN AVENUE MechanieNburg, PA 17055 Property Location: Township; of UPPER ALLEN PAO-AM 1376116. .....6/7/7011.... Recorde's use MIN #: MERS Phone #: ASSIGNMENT OF MORTGAGE For Value Deceived, 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 S RVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP whose address is 8609 WESTW D CENTER, VIENNA, VA 22183 all beneficial interest under that certain Mortgage described below together w1th the note(s) and obligations therein described and the money due and to become due thereon with interest anti all rights accrued or to accrue under said Mortgage. Original Lender: REAL ESTATE MORTGAGE NETWORK, INC. Mortgagov(s): L. WILLIAM GROTTOLA AND SUSAN INGRAM JOINT TENANTS Date of Mortgage: 3/9/2007 Original Loan Amount: $202,500.00 Recorded in Cumberland County, PA on: 6/19/2009, book N/A, page N/A and instrument number 200920841 This Mortgage has not been assigned unless otherwise stated below: TN,W1 SS WHEREOF, the undersigned has caused this Assignment of Mortgage to be executed on a MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. A By Bud Kamyabi, Assistant Secretary 6i 0 1498710_70 D8 001 003 State of California County of Ventura On :.l Vitt before me, Irma Diaz, Notary Public, personally appeared Bud Kamyabi, who proved to me on the Oa s of satisfactory evidence to be the person(A whose name(4 is/W subscribed to the within instrument and acknowledged to me that he/ehehhey executed the same in him authorized capacity(L-1), and that by bis/naL, dier-signature(,e'j on the instrument the person(s), or the entity upon behalf of which the person(A 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 seal. ==?=n ?-===-`-•- iRMA DtAZ Commission * 1903988 Notary Public - Californi California Ventura County Notary Pu lic: Irma Diaz (Seal) M Comm. Ex ss Sep 13.2014 My Commission Expires: 9113/2014 I hereby certify that the address of the within named assignee is: 8609 WE8TWOOD CENTER, VIENNA, VA 22183 J 4 ' . o .+ Signature ?? ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201117186 Recorded On 6/17/2011 At 11:59: 13 AM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Nubnber - 88569 User ID - MSW * Mortgagor - GROTTOLA, L WILLIAM * Mortgagee; - BAC HOME LOAN S SERVICING LP * Customer- CORELOGIC * FEES STATE WRIT TAX $0.50 STATE JOS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $11.50 RECORDED OF DEEDS PARCEL dERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 * Total Pages - 3 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER O D DS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. YIIgIIIIIIIIYNINIII Bank of America, N.A., Successor By Merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP 71Q5 Corporate Drive Plano, TX 75024 Plaintiff VS. Susan Ingram 775 Old Silver Spring Rd Mechanicsburg, PA 17055-2848 L. William Grottola 113 Mumper Lane, Apt B105 Dillsburg, PA 17019-1352 Defendants Court of Common Pleas Cumberland County Civil Division No. 11-8274 Civil Term PLAINTIFF S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF Pc. Vs? 4,,f a., A ) ss. COUNTY OF A I/cs h e.d y ) x.111 wo-e, MQ'1't11\' ,being duly sworn according to law, deposes and says: 1. I am employed in the capacity of /-jt) QOp ?j Ca "loat 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. sbusiness 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, Susan Ingram and L. William Grottola, made executed and delivered a Mortgage upon the premises, 892 Hawthorne Avenue, Mechanicsburg, PA 17055, on March 09, 2007, to Mortgage Electronic Registration Systems, Incorporated as a Nominee For Real Estate Mortgage Network, Inc. Plaintiff is the last assignee of the Mortgage by virtue of an Assignment of Mortgage dated June 09, 2011, and recorded on June 19, 2011 at Assignment of Mortgage Instrument No. 201117186. 6. Defendants mortgage payments due September 01, 2009 and each month thereafter are due and unpaid. 7. The amounts due on the mortgage are correctly stated as follows: Principal Balance $202,479.20 Interest $37,697.38 August 1, 2009 through May 4, 2012 Escrow Advance $11,681.63 Attorney s Fees $3,290.55 Cumulative Late Charges $1,244.88 Property Inspections $385.00 Suspense Balance 56.95 TOTAL $256,721.69 Defendants have failed to reinstate the account. 9. Plaintiff provided Defendants with a Notice of Intention to Foreclose Mortgage. 10. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which accrues to the benefit of Defendants and to the severe detriment of Plaintiff. 11. Plaintiff properly accelerated its mortgage to protect its interests. Name: 41va- Slncer ee- Kar -b try, Title: A'-J& n-b I/?C.4A- 'Pre51 Cwt Bank of America, N.A. On this f/ day of fu y?/ , 201R, before me a notary public, the undersigned officer, personally appeared the above named person, known to me (or satisfactory proven): to be the person whose name is subscribed to the within instrument, and acknowledged that he e executed the same for the purposes therein contained. In witness hereof, I hereunto set my hand and official seal. Stamp/Seal: NOTARIAL SEAL ?76q Public JUDITH A CARTER Notary Public SUUTH UNION TWP., FAYETTE COUNTY My commission Expires Oct 19, 2013 EXHIBIT "C" Supreme Cou of Pennsylvania ea s C , %-N 'Civil Cover SIt ft- Ci3BF.1?iN? County S E C ,I For Prothonotary Use Only: Docket No: The inlormution collected on this form is used solely for court administration purposes. This form does not supplement or replace dte Commencemlent of Action: © Complainit 0 Writ of Summons O Petition 0 Transfer kom Another Jurisdiction O Declaration of Taking Lead Plaintiff's Name: BANK OF AMERICA, N.A., Lead Defendant's Name: SUSAN INGRAM SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,, LP FKA COUNTRYWIDE HOME LOANS SERVICING," LP Dollar Amount Requested: O within arbitration limits Are money damages requested? 0 Yes 0 No (Check one) © outside arbitration limits h this a Cla$s Action Suit? 0 Yes 19 No Is this an MDJ Appeal? 0 Yes ® No Name of Plaintiff/Appellant's Attorney: Phelan Hallinan & Schmieg, LLP 0 Check here if you have no attorney (are a Self-Represented [Pro Sel Litigant) oxtc o - 0 Toxic Tort - Implant 0 Toxic Waste 0 Other: MIN _0 i " to tc lft6c ?i? c4 ?.? sn-• -- you arc rrtfl#cing mare than otne tyke of claun,rJcrk ttte op TORT (do no include Mass Tort) CONTRACT (do not include Judgments) O Intentiojial 0 Buyer Plaintiff 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Motor U•ehicle 0 Debt Collection: Other 0 Nuisance 0 Premised Liability O Product Liability (does not include mass Mort) 0 Employment Dispute: 0 Slander/libel/ Defamation Discrimination 0 Other: 0 Employment Dispute: Other Other: MASS TORT' 0 Asbestos 0 Tobacco ? T T rt DES PROFESSIONAL LIABLITY 0 Dental 0 Legal 0 Medical O Other Professional: Pa.X CP. 205.5 REAL PROPERTY 0 Ejectment 0 Eminent Domain/Condemnation ? Ground Rent 0 Landlordlrenant Dispute ® Mortgage Foreclosure: Residential ? Mortgage Foreclosure: Commercial 0 Partition 0 Quiet Title 0 Other: dcscnEjcs yaur`I4'I £, if der mast ihipoxtant. CIVIL APPEALS Administrative Agencies 0 Board of Assessment O Board of Elections 0 Dept. of Transportation 0 Statutory Appeal: Other 0 Zoning Board 0 Other: MISCELLANEOUS 0 Common Law/Statutory Arbitration O Declaratory Judgment 0 Mandamus 0 Non-Domestic Relations Restraining Order 0 Quo W arranto 0 Replevin 0 Other: Updated 01/01/2011 PHELAN HALLINAN & SCHMIEG, LLP Joshua I. Goldman, Esq., Id. No.205047 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philad$lphia, PA 19103 215-563-7000 280178 BAND OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS FKA COUNTRYWIDE HOME LOANS SERVICING, LP CIVIL DIVISION 7105 CORPORATE DRIVE PLANO, TX 75024 TERM Plaintiff NO. V. CUMBERLAND COUNTY SUSAN INGRAM 775 OLD SILVER SPRING RD MECHANICSBURG, PA 17055-2848 L.WILLIAM GROTTOLA 112 MtWER LN, APT B105 DILLSBURG, PA 17019-1352 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 280178 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 #: 280178 L Plaintiff is BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: SUSAN INGRAM 775 OLD SILVER SPRING RD MECHANICSBURG, PA 17055-2848 L.WILLIAM GROTTOLA 112 MUMPER LN, APT B 105 DILLSBURG, PA 17019-1352 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/09/2007 SUSAN INGRAM and L.WILLIAM GROTTOLA made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR REAL ESTATE MORTGAGE NETWORK, INC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200920841. By Assignment of Mortgage recorded 06/17/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201117186. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2009 and each month thereafter are due and unpaid, and by the terms File #: 290178 of said mortgage, upon failure of mortgagor to make such payments after a date specified 6 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage as of 09/02/2011: Principal Balance $202,479.20 Interest $28,511.19 08/01/2009 through 09/02/2011 Late Charges $1,244.88 Property Inspections $315.00 Escrow Deficit $10,186.71 Subtotal $242,736.98 Suspense Credit $5L 6.95) TOTAL $242,680.03 7. 8. Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 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. File #: 280178 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in Upper Allen Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows to wit: BEGINNING at a point on the northern line of Hawthorn Avenue at the southeast corner of Lot No. 83 as shown on the hereinafter mentioned Plan of Lots; thence by the dividing line between Lots No. 83 and 84, north six (6) degrees fifty-nine (59) minutes thirty (30) seconds east, one hundred fifty (150) feet to a point; thence south eighty-three (83) degrees zero (0) minutes thirty(30) seconds east, one hundred (100) feet to a point; thence by the dividing line between Lots No. 84 and 85, south six (6) degrees fifty-nine (59) minutes thirty (30) seconds west, one hundred fifty (150) feet to a point on the northern line of Hawthorn Avenue; thence by the northerm line of Hawthorn Avenue, north eighty-three (83) degrees zero (0) minutes thirty(30) seconds west, one hundred (100) feet to a point, the place of BEGINNING. BEING Lot No. 84 in the Plan of Lots of Center Square Manor, Extension'A' Plan No. 7, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 31, at Page 36. BEING"THE SAME PREMISES which Mark L.F. King and M. Darlene King, his wife, by their deed dated October 16, 2001 and recorded October 19, 2001 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 248, Page 4219, granted and conveyed unto Brian C. Letersky. The said Jessica M. Letersky joins in his deed convey and right, title or interest she may have in the above described property. UNDER AND SUBJECT, NEVERTHELESS, to all easement, restrictions, encumbrances and other m*tters of record or that which a physical inspection or survey of the premises would reveal. File #: 280178 PROPERTY ADDRESS: 892 HAWTHORNE AVENUE, MECHANICSBURG, PA 17055- 5729 PARCEL # 42-30-2108-276 File #. 280178 VERIFICATION Qoc 1t? Q, , hereby states that h sh is Aa;,Ma%n Vice ' o f of, BANK OF Goo) AMERICA, N.A., Plaintiff in this matter, that he/eh is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his e knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: 1011-1 1 1( File #: 280178 Name: INGRAM ?'- " i. di. P-" ? ? ame: Qde.- -tLa 2 To"Kh Title: A0s*;rtf- Vf(e 64U,01 BANK OF AMERICA, N.A. File #: 280178 Request for Service R. Thomas Kline Sheriff 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: BY MERGER 770 BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE Expiration Date: HOME LOANS SERVICING, LP Type of Action: Mortgage Foreclosure Complaint Defendant/s: SUSAN INGRAM, L.WILLIAM GROTTOLA Serve Upon: SUSAN INGRAM Address for Service: 775 OLD SILVI R SPRING RD MECHANICS URG, PA 17055-2848 Alternate Address for Service: 14884 BONNAIR RD, APT 2 GLEN ROCK, PA 17327-7800 112 MUMPER LANE DILLSBURG, PA 17019-1352 892 HAWTHORNE AVENUE MECHANICSBURG, PA 17055-5729 Type of Service: ? Personal ? Adult in Charge ? Deputize ['Certified Mail ? Posting (copy of court order required) Special Service lInstructions: **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 #K Boulevard, Suite 1400 One Pdnn Center Plaza Philad$lphia, PA 19103 Telephone: 215- 63-7000 x 1482 Request for Service R. Thomas Kline Sheriff 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 CourtNumber: BY MERG8R TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE Expiration Date: HOME LOANS SERVICING, LP Type of Action: Mortgage Foreclosure Complaint Defendant/s:' SUSAN INGRAM, L. WILLIAM GROTTOLA Serve UpomSUSAN INGRAM Address for Service: 14884 BONNAIR RD, APT 2 I GLEN ROCK, PA 17327-7800 Alternate Address for Service: 775 OLD SILVER SPRING RD } MECHANICSBURG, PA 17055-2848 1 112 MUMPER LANE DILLSBURG, PA 17019-1352 i 1 892 HAWTKORNE AVENUE MECHANIgSBURG, PA 17055-5729 j Type of Service: ? Personal ? Adult in Charge ® Deputize ? Certified Mail ? Posting (copy of court order required) s r Special Service Instructions: **If service is to be made by deputized service to another county please specify which E county YORK Filing Attorney's Information: Name: Pholan 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 Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 BANK OF AMERICA, N.A., SUCCESSOR Court Number: BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE Expiration Date: HOME LOANS SERVICING, LP Type of Action: Mortgage Foreclosure Complaint Defendants: SUSAN INGRAM, L.WILLIAM GROTTOLA Serve Upon' SUSAN INGRAM Address for Service: 892 HAWTHORNE AVENUE MECHANIC"SBURG, PA 17055-5729 Alternate Address for Service: 775 OLD SILVER SPRING RD MECHANIOSBURG, PA 17055-2848 14884 BONNAIR RD, APT 2 JLEN ROCK, PA 17327-7800 112 MUMPFR LANE 7ILLSBURG, PA 17019-1352 Type of Service: 1:1 Personal ? Adult in Charge ? Deputize ? Certified Mail ? Posting (copy of court order required) ;:special Service Instructions: :k*If service is to be made by deputized service to another county please specify which '.`county :riling Attorney's Information: Name: Phelan Hallinan & Schmieg, LLP Francis S. Hallinan, Esquire kddress: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 'elephone: X15-563-7000 x 1482 } i :' Request for Service R. Thomas Kline Sheriff 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: BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE Expiration Date: HOME LOANS SERVICING, LP Type of Action: Mortgage Foreclosure Complaint Defendant/s: SUSAN INGRAM, L.WILLIAM GROTTOLA Serve Upon: L. WILLIAM GROTTOLA s Address for Service: r 112 MUMPER LANE, APT B 105 DILLSBURG, PA 17019-1352 F Alternate Address for Service: 112 MUMPER LN i :)ILLSBURG, PA 17019-1352 l? 092 HAWTHORNE AVENUE s _ vIECHANICSBURG, PA 17055-5729 E 'fype of Service: s:1 Personal ? Adult in Charge ® Deputize ? Certified Mail ? Posting (copy of court order required) >pecial Service Instructions: *If service is toy be made by deputized service to another county please specify which wunty YORK a :I ?iling Attorney's Information: s? f'4ame: Phelan, Hallinan & Schmieg, LLP Francis S. Hallinan, Esquire kddress: 1617 3FK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 elephone: 215-563-7000 x 1482 1 _ Oui?ylev LAV- OFX..I,-CE P.. C. 1553 Bridge Street . New Cumberland, PA 17070 Robert A. Quigley Attorney at Law rob@quigleylawoffice.com March 30, 2012 Mr. David Buell Prothonotary Cumbefiland County Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle; PA 17013 RE: Bank of America v. Susan Ingram and L. William Grottola Civ. 11-8274 Dear Mx. Buell: Please find enclosed an original and copy of our office's Answer, Affirmative Defenses and Cross-Claim on behalf of Defendant L. William Grottola, relative the above captioned matter. I ask that', you kindly file the originals and forward date stamped copies of the same to our office in the enclosed self-addressed, postage paid envelope provided for your convenience. Thank you for your anticipated cooperation. Should you have any questions or concerns, kindly contact our office at your earliest convenience. Very truly yours, Robert A. Quigley Enclosures cc: Christina Viola, Esquire (w/enclosure) Susan Ingram (w/enclosure) 717.774.4002 • Fax 774.4009 • QuigleyLawOffice,corn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION BANIK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FIKA COUNTRYWIDE HOME LOANS SERVICING, LP CIVIL ACTION - LAW PLAINTIFF v. SUSAN INGRAM L. WILLIAM GROTTOLA FILE NO. 11-8274 DEFENDANTS NOTICE TO DEFEND 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 AN ATTORNEY AND FILLING 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 WITHOU'T' YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQYESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PEOPERTY OR OTHI5R RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Robert A. Quigley, Esquire Attorney 1. D. # 79186 Quigley Law Office, P.C. 1553 Bridge Street New Cumberland. PA 17070 (717) 774-4002 FAX 174-4009 ATTORNEYS FOR DEFENDANT L. WILLIAM GROTTOLA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION BANE: OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP PLAINTIFF V. SUSAN INGRAM L. WILLIAM GROTTOLA DEFENDANTS CIVIL ACTION - LAW FILE NO. 11-8274 DEFENDANT L. WILLIAM GROTTOLA'S ANSWER, AFFIRMATIVE DEFENSES AND CROSS-CLAM TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes Defendant L. William Grottola, (hereinafter "Grottola") by and through his attorneys, Quigley Law Office, P.C., and files this Answer to Complaint in Mortgage Foreclosure and in support thereof, avers the following: 1. Admitted. 2. Admitted in part, Denied in part. It is admitted that the address provided for Defendant Grottola is accurate. Defendant Grottola denies that Defendant Susan Ingram (hereinafter "Ingram") lives at the address listed. Upon information and belief, Defendant Ingram's last known address is 14584 Bonnair Road; Apartment 2, Glen Rock, PA 17327. 3. Admitted in part; Denied in part. Defendant Grottola admits that he executed mortgage documents sometime in 2007. Defendant Grottola is without sufficient knowledge or information regarding the identity of the lawful owner of the mortgage, note, assignment and related documents, therefore the remaining portion of the averments in Paragraph 3 are specifically denied and strict proof thereof is demanded at trial. 4. Denied. Defendant Grottola is without sufficient knowledge or information regarding the accuracy of the legal description attached to the Complaint, therefore the averments in Paragraph 4 are specifically denied and strict proof thereof is demanded at trial. 5. Denied. The allegations contained within Paragraph 5 of Plaintiff's Complaint contain conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 5 of Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at trial. 6. Denied. The allegations contained within Paragraph 6 of Plaintiff's Complaint contain conclusions of law and/or fact which are to be determined. by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 6 of'Plaintiff s Complaint are specifically denied and strict proof thereof is demanded at trial. 7. Denied. The allegations contained within Paragraph 7 of Plaintiff's Complaint contain conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary T to the allegations contained within Paragraph 7 of Plaintiffs Complaint are specifically denied and strict proof thereof is demanded at trial. 8_ Denied. The allegations contained within Paragraph 8 of Plaintiff's Complaint contain conclusions of law and/or fact which are to be determined by this Honorable Court and to which a response is deemed unnecessary. To the extent a response is deemed necessary to the allegations contained within Paragraph 8 of Plaintiffs Complaint are specifically denied and strict proof thereof is demanded at trial. WHRREFORE, Defendant Grottola respectfully requests that this Honorable Court dismiss Plaintiff's Complaint and render judgment in favor of Defendant Grottola. AFFIRMATIVE DEFENSES 9. The responses to Paragraphs I through 8 are hereby incorporated by reference as though fully set forth. 10. Plaintiffs Complaint fails to set forth a cause of action upon which relief can be granted. 11. Defendant Grottola did make certain payments on the loan balance which were either incorrectly applied or rejected by Plaintiff. 12. Defendant Grottola, at the behest of Plaintiff, attempted to cooperate and comply with Plaintiff s demands in order to enter into a "Modification Agreement" only to be told after two (2) years that Defendant Grottola did not qualify for such modification. 13, Plaintiffs claims may be barred in whole or in part pursuant to the doctrine of unconscionability. 14. Plaintiff s claims may be barred in whole or in part pursuant to the doctrines of payment, settlement, accord, satisfaction and/or release. 15. Plaintiff s claims may be barred in whole or in part pursuant to the doctrine of estoppel 1 6. The Plaintiff's claims may be barred in whole or in part by the failure of Plaintiff to adhere to the terms and conditions of the agreements referred to in the Complaint. 17. The Plaintiffs claims may be barred in whole or in part by pursuant to the doctrine of Caches. 18. The Plaintiff s claims may be barred in whole or in part by pursuant. to the doctrine of "unclean hands." 19. The Plaintiff's claims may be barred in whole or in part by due to the Plaintiff s failure to comply with conditions precedent. 20. The Plaintiffs claims may be barred in whole or in part by due to the Plaintiff's failure to mitigate its damages. 21. Plaintiff's claims may be barred and/or limited as the actions of the Plaintiff and/or the provisions of the agreements subject to the Complaint may be violative of public policy. 22. Defendant Grottola pleads any and all affirmative defenses as available under the Pennsylvania Rules of Civil Procedure as a defense. 23. Defendant Grottola hereby reserves the right to amend or supplement its Affirmative Defenses as discovery proceeds in this matter. WHEREFORE, Defendant Grottola respectfully requests that this Honorable Court dismiss Plaintiff' s• Complaint and render judgment in favor of Defendant Grottola. CROSS-CLAIM By way of further response to Plaintiff's Complaint, Defendant Grottola sets forth the following Cross-Claim against Defendant Ingram: 24. The responses to Paragraphs 1 through 23 are hereby incorporated by reference as though fully set forth. 25. To the extent Plaintiff is entitled to an award of damages arising out of this Complaint or the transaction or occurrence contemplated herein, Defendant Ingram is solely responsible for payment of said damages since she abandoned the subject property and ceased making payments, leaving Defendant Grottola unable to afford said payments. 26. If a verdict or judgment is rendered against Defendant Grottola by reason of any of the acts or omissions alleged in the Complaint, such verdict or judgment on belief will have been brought about by the breach of contract, obligation or warranty, culpable conduct, negligence, fault, want of care or fraud of Defendant Ingram. 27. Defendant Grottola is entitled to indemnification from Defendant Ingram to the full extent available if Defendant Grottola is found to have any liability in this matter. 28. Defendant Grottola is entitled to contribution from Defendant Ingram to the full extent available if Defendant Grottola is found have any liability in this matter. WHEREFORE, Defendant Grottola respectfully requests that this Honorable Court dismiss Plaintiff's Complaint and render judgment in favor of Defendant Grottola and grant such other and further relief as it deems just and proper. Respectfully submitted, QUIGLEY LAW OFFICE, P.C. By. T Robert A. uigicy, E.squ' c Attorney I. 3. 179 1 VERIFICATIQN The undersigned does hereby verify subject to the penalties of 18 Pa.C.S.A. 4904 relating to unworn falsifications to authorities that he is L. William Grottola, Defendant and Cross Claimant herein, that he is duly authorized to make this verification, and that the facts set forth in the foregoing Answer, Affirmative Defenses and Crossclaim are true and correct to the best of his knowledge. ' 'WilharnGrottoia Robert A. Quigley, Esquire Attorney I.D. # 79186 Quigley Law Office, P.C. 1553 Bridge Street New Cumberland, PA 17070 (717) 774-4002 FAX 774-4009 ATTORNEYS FOR DEFENDANT L. WILLIAM GROTTOLA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION BAND OF AMERICA, N.A., SUCCESSOR BY MIKRGER TO BAC HOME LOANS SERVICING LP FK1A COUNTRYWIDE HOME LOANS SERVICING, LP CIVIL ACTION - LAW PLAINTIFF V. FILE NO. 11-8274 SUSAN INGRAM L. WILLIAM GROTTOLA DEFENDANTS CERTIFICATE OF SERVICE I, Robert A. Quigley, Atto ey for Defendant L. William Grottola in the above-captioned matter, hereby certify that I have this , ay of March 2012, served a true and correct copy of the foregoing Answer, Affirmative Defenses and Cross-claim upon the person(s) indicated below by depositing a copy of the same in the United States Mail, First Class, at New Cumberland, Pennsylvania, addressed as follows: Christina Viola, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Attorneys. for Plaintiff Susan Ingram 14884 Bonnair Road Apartment 2 Glen Rock, PA 17327 QUIGLEY LAW OFFICE, P.C. By:'?ZLIJ A Robert A. uigl 1sq c Attorneys for Defendant L. Willicr Cir?xI la r, PHELAN 'HALLINAN `SCHMIFG 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Email: joseph.schalk@fedphe.com Joseph P. Schalk, Esquire Representing Lenders in Pennsylvania and New Jersey* April 18, 2012 Robert A. Quigley, Esquire Quigley Law Office, P.C. 1553 Bridge Street New Cumberland, PA 17070 RE: Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP, F/K/A Countrywide Home loans Servicing, LP vs. Susan Ingram, et al. Cumberland County, CCP, Docket No. 11-8274 Civil Term Dear Mr. Quigley: We are in receipt of your responsive pleading on the above referenced matter. We are following up with this letter to inquire about your client's intentions for curing the arrearages. If your client is interested in alternatives to foreclosure and/or curing the default, kindly contact Phyllis Levin of our office. Please note that your settlement proposal should be in writing and faxed to the above number and to the attention of Ms. Levin. Please be advised that until settlement is reached, our office does not have authority to hold off on the proceedings, therefore kindly be guided accordingly. Very Schalk, Esquire *Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purposq. If you have previously 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 lien against property. PHS#280178 i . I : r__ 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Email: joseph.schalk@fedphe.com Joseph P. Schalk, Esquire April 18; 2012 Office of the Prothonotary Cumberli'and County Courthouse I Courthouse Square Carlisle, PA 17013 Representing Lenders in Pennsylvania and New Jersey* RE: Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP, F/K/A Countrywide Home loans Servicing, LP vs. Susan Ingram, et al. Cumberland County, CUP, Docket No. 11-8274 Civil Term Dear Sir/Madam; Enclosed please find Plaintiff's Reply to Defendants' New Matter to Plaintiff's Complaint and Certilfication of Service for filing with the Court. Please return a time-stamped copy of the first page of the Reply and Certification in the enclosed, self-addressed envelope. Your cooperation in this matter is appreciated. truly , Esquire JPS cc: Robert A. Quigley, Esquire Ms. Susan Ingram * Please be $dvised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. if you have previously 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 lien against property. PHSI/280178 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 MERGM TO BAC HOME LOANS SERVIgING, LP FKA COUNTRYWIDE HOME LOANS'SERVICING, LP, Plaintiff, vs. SUSAN IINGRAM AND L.WILLZAM GROTTOLA, Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Civil Division : NO. 11-8274 CIVIL TERM PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP, F/K/A Countrywide Home Loans Servicing, LP, by its attorney, Joseph P. Schalk, Esquire, hereby files the within Rtply to New Matter of Defendant, L. William Grottola, and states as follows: 9. Plaintiff incorporates herein by reference the averments of paragraphs 1 through 8 of its Complaint in Mortgage Foreclosure as if set forth herein at length. 10. Denied. The averment contained in Paragraph 10 is a conclusion of law to which no response is necessary. To the extent that a response is required, it is specifically denied that Plaintiff's Complaint fails to set forth a cause of action upon which relief can be granted. Plaintiff's Complaint is based upon a default under the terms of the Mortgage and brought pursuant to Pa.R.C.P 1141, et seq., strict proof to the contrary is demanded. 11. Denied. The averment contained in Paragraph I I is a conclusion of law to which no response is necessary. To the extent that a response is required, Defendant has failed to provide any documentation in support of payments made that he does not believe that were properly applied. Further, P14S#2801118 Plaintiff is not required by law to accept payments insufficient to bring the Mortgage account current. Strict proof is demanded. 12. Admitted. By way of further answer, Defendant did not qualify for a loan modification and has been advised of same accordingly. 13. Denied. The averment contained in Paragraph 13 is a conclusion of law to which no response is necessary. To the extent that a response is required, Defendant, has failed to state facts sufficient to raise a defense of unconscionability. 14. Denied. The averment contained in Paragraph 14 is a conclusion of law to which no response is necessary. To the extent that a response is required, Defendant has failed to state facts sufficient to support any of the affirmative defenses alleged in Paragraph 14. Strict proof is demanded. 15. Denied. The averment contained in Paragraph 15 is a conclusion of law to which no response is necessary. To the extent that a response is required, Defendant has failed to plead facts sufficient to raise the defense of estoppel. Strict proof to the contrary is demanded. 16. Denied. The averment contained in Paragraph 16 is a conclusion of law to which no response is necessary. To the extent that a response is required, Defendant has failed to state facts sufficient to support any of the allegations contained therein. 17. Denied. The averment contained in Paragraph 17 is a conclusion of law to which no response is necessary. To the extent that a response is required, Defendant has failed to state facts sufficient to raise a defense of lathes. 18. Denied. The avennent contained in Paragraph 18 is a conclusion of law to which no response is necessary. To the extent that a response is required, Defendant has failed to state facts sufficient to raise a defense of unclean hands. PHS#280178 19, Denied. The averment contained in Paragraph 19 is a conclusion of law to which no response is necessary. To the extent that a response is required, Defendant has failed to plead facts sufficient to support a defense that Plaintiff has failed to comply with all conditions precedent. Strict proof to the contrary is demanded. 20. Denied. The averment contained in Paragraph 20 is a conclusion of law to which no response is necessary. To the extent that a response is required, it is specifically denied that Plaintiff failed to attempt to mitigate its damages. Plaintiff reviewed the Defendant for loss mitigation, and after a final determination was made, Defendant did not qualify for same. Accordingly, Plaintiff proceeded with its alternated rights including the right to foreclose as stated in the terms of the Mortgage. Strict proof to the contrary is demanded. 21. Denied. The averment contained in Paragraph 21 is a conclusion of law to which no response': is necessary. Strict proof is demanded in support of averment 21. 22. Denied. The averment contained in Paragraph 22 is a conclusion of law to which no response is necessary. To the extent that a response is required, Defendant should be required to plead any and all affirmative defenses that he believes are applicable, and only those that are applicable to the instant case. Defendant should not be permitted to reserve any and all affirmative defenses that may exist under Pennsylvania law. Strict proof to the contrary is demanded. 23. Denied. The averment contained in Paragraph 23 is a conclusion of law to which no response is necessary To the extent that a response is required, Plaintiff objects to Defendant's attempt to reserve the right to amend or supplement his Answer and New Matter. Defendant should plead any all defenses that he has at this time and should not be permitted to later seek an amendment to the Answer in New Matter. PHS#280178 WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as requested in Plaintiffs Complaint. PLAINTIFF'S ANSWER TO DEFENDANT'S CROSS-CLAIM 24. Plaintiff incorporates herein by reference the averments of paragraphs 1 through 8 of its Complaint and paragraphs 9 through 23 of its New Matter as if set forth herein at length. 25. Denied. Plaintiff is not a party to the Cross-Claim brought by Defendant, Grottola. Accordingly, Plaintiff takes no position with respect to same. 26. Denied. Plaintiff is not a party to the Cross-Claim brought by Defendant, Grottola. Accordingly, Plaintiff takes no position with respect to same. 27. Denied. Plaintiff is not a party to the Cross-Claim brought by Defendant, Grottola. Accordingly, Plaintiff takes no position with respect to same. 28. Denied. Plaintiff is not a party to the Cross-Claim brought by Defendant, Grottola. Accordingly, Plaintiff takes no position with respect to same. WHEREFORE, Plaintiff respectfully requests that the Court grant the relief as requested in Plaintiffs Complaint and requests dismissal of Defendant's Cross-Claim with prejudice as it does not pertain to Plaintiff and should not bar Plaintiff for proceeding with its Complaint in Mortgage Foreclosure. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: 14# 1 S _,..._ 1 d-Jele-D P. Schalk, Esquire Y for Plaintiff PHS#2841'8 VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. DATE: K.1-3 PHELAN HALLINAN & SCHMIEG, LLP By: Jo epl. Schalk, Esquire At orney for Plaintiff I Locust Street arrisburg, PA 17101 Telephone: 215-563-7000 PHS#280I78 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, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff, VS. SUSAN INGRAM AND L.WILLIAM GROTTOLA Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Civil Division NO. 11-8274 CIVII, TERM CERTIFICATE OF SERVICE I certify that a true and correct copy of Plaintiff s Reply to Defendants' New Matter was sent via first class mail to the person(s) listed below on the date indicated: Robert A. Quigley, Esquire, Quigley Law Office, P.C. 1553 Bridge Street New Cumberland, PA 17070 DATE: Susan Ingram 14884 Bonnair Road Apartment 2 Glen Rock, PA 17327 PHS#280178 Bankof America '4-14p. HoaleLaons PO Box 9048 Temecula, CA 92589-9048 7196 9006 9294 8597 8203 Send Payments to: P.O. Box 15222 Wilmington, DE 1 9886-522 2 Send Correspondence to. PO Box 5170, MS V3146 Simi Valley, CA 93065 20101220-7 rillllllllrl??l?l?ll?llnllnnlllllllil?ri?llllrlrillrlllrl?llll L William Grottola 892 Hawthorn Avenue Mechanicsburg, PA 17055 r I 13LQPAl 11722!12256 03,0812010 Bankof America Send Payments to, Home Loans P- 0. Box 15222 P.O. Box 660694 Wilmington, DE 19866-5222 Dallas, TX 75266-0694 December 20, 2010 Certified Mail: 7196 9006 9294 8597 8203 L William Grottola Return Receipt Reauested 892 Hawthorn Avenue Regular Mail Mechanicsburg, PA 17055 Account No.:1100? Property Address: 892 Hawthorn Avenue Mechanicsburg, PA 17055 Current Servicer: BAC Home Loans Servicing, LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI ;NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACii OBTENGA UNA TRADUCC16N INMEDiATAMENTEi LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NOMERO MENCIO ADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S MERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DE CHO A REDIMIR SU HIPOTECA. HOMEOWNER'S N ME(S): L William Grottola PROPERTY ADDROSS: 892 Hawthorn Avenue Mechanicsbura, PA 17055 LOAN ACCT. NO.: 149871070 ORIGINAL LENDER: CURRENT LENDE SERVICER: BAC Home Loans Servicina. LP, a subsidiary 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. eL.QPA1 11722112256 03106+2010 Payment Instructions: Account Number: 149871070-4 • Make youi check payable to SAC L William Grottola Balance Due for charges listed above: $26,379.27 as of December 20. 2010. Home Loa?ts Servicing, LP 892 Hawthorn Avenue Please update e-mail information on the reverse side of this coupon. Don1 send rash Please include coupon with your Mechanicsburg, PA 17055 AddAcral payment Arincipai aLQPAt iods, For all full onth payment per Addona ' interest is cal laced on a months basis. I I l l l l r r l I I I I 1 I I a Esdow Accordingly, teres! for all full months, including Felruary, is calculated as BAC Home Loans Servicing, LP 301360 of ann a merest, irrespect ve of the actual nurt?ber of days in the monUt. p0 BOX 15222 pBQ Total For partial no s, interest is calculated Wilmington, DE 19886-5222 daily on the b9sis of a 365 day year. 1-800-399-1762 149871070400002637927002637927 0: 58 6 9 900 5131: &4 913 7 10 7`011' 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. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM Y FINANCIAL ASSISTANCE WHICH CAN AVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTUR 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 OTHIHR ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAYI OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for Thirty (30) days from Ithe date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit courr?lseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) YS IF YOUiDO 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 MORICGAGE UP TO DATE. CONSUMER CR D COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, t tie lender may NOT take action against you for Thirty (30) days after the date of this meeting. The names. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION MORTGAGE FORI ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages fors ecific 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 YC?UR 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 AGAINST YOUR 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 ARIf CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE I$ FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBIT. (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 MENTION D 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: 892 Hawthorn Avenue Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Cha=s: 09/01/2009 $23,375.10 12/01/2010 $1,606.24 Late Charaes: 09/01/2009 $911.20 Other Charges: Uncollected Late Charges: $276.73 Uncollected Costs: $210.00 Partial Payment Balance: 0.00 TOTAL DUE: $26,379.27 This communication is from BAG 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: 149871070 L William Grottola 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, (ie) 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 future 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. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable) FF HOW TO CURE _1111 F T -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT AST DUE TO THE LENDER, WHICH IS $26,379.27 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 NOT CVRE T DEFAUL T - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends toe rcise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered dine immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past duo 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 MORTGAG14 IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers you 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 b added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the 4HIRTY (30) DAY period, you will not be required to pay attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTElft ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON-EXISTENCE O A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. OTHER LENDER R?MEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE T E DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosurle 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 Sherlfrs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by?the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notipe will restore your mortgage to the same position as if you had never defaulted EARLIEST P S SHERIFF'S - 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 pent 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 CONTACTTHE LENDER: Name of Lender: SAC Home Loans Servicing, LP Address: P. O. Box 660694 Dallas, TX 75266-0694 Phone Number: 1-800-399-1762 Fax Number: 1-817-230-6811 Contact Person: MS 7702-977-01-13 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 ypu 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 F MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the utstanding 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, BAC 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 This communication is from BAC Home Loans Servicing, LP, the Bank of America company that services your home loan. actions to protect the mortgagee's interest in the property (including, but not limited to, winterization, securing the property, and 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 January 19, 2011, BAC Home Loans Servicing, LP wants you to be aware of various options that may be available to you through BAC 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 BAG Home Loans Servicing, LP. Our basic plan requires that BAG Home Loans Servicing, LP receive, up front, at least % 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 iin discussing any of these foreclosure alternatives with BAG Home Loans Servicing, LP, you must contact us immediately. If you reiquest assistance, BAC Home Loans Servicing, LP will need to evaluate whetherthat assistancewill be extended to you. In the meantione, 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 January 19, 2011 as outlined above will result in the acceleration of your debt. Time is of the essence. If you have any questions concerning this notice, please contact Loan Counseling Center immediately at 1-800-399-1762. This communication is from BAC Hone Loans Servicing, LP, the Bank of America company that services your home loan. Attachment: Itemization of Charges and Fees Monthly Charges; Late Charges: Other Charges: 09/01/2009 - 11/30/2010 12/01/2010 - 12/31/2010 09/01/2009 - 12/3112010 Uncollected Late Charges: INSPECTION-OCCUPIED Partial Payment Balance: @ $1,558.34 $23,375.10 @ $1,606.24 $1,606.24 @ $56.95 $911.20 $276.73 $210.00 0.00 TOTAL DUE: $26,379.27 r This communication is from BAC Home Loans Servicing, LP, the Bank of America company that services your home loan. 7196 9006 9294 6597 8203 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 717.762.3265 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 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. i USPS.comcxg) - Track & Confirm Page l of l Entiksh Customer Service USPS Mobile (j Mils.i.,.,, V f Quick Tools Track & Confirm FRINT DETAILS ygl1R i.AaT1. !iUMF,FR 719G9006P29485978203 Ship a Package Send Mall Register I Sign in Seardi USPS. corn or Track Packages Atanagt Your IAad Shop Business Solutions DATE S TIME >..CATiQN =EATUREe January 06, 2011, 9:20 am TEMECULA, CA 92569 Certified Mail" January 05, 2011, 7:15 pm SAN BERNARDINO, CA 92403 December 22, 2010 SEn.Vir, li. 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CL _ a a .0 p D a a x a a to a a a a a N - y y a 5 c c C a 6 1 2 E U d ca o r r r r _ _ r T 0 T 0 T 0 r 0 T 0 r N N N Q OE a O? ro N co p N p N N n N N N N N N ` S U a.+ In m r I M 01 r N C? i IA T v m Q Q f- o O O o O O O N p p 0 0 o 65?''?g?~??JV ,?6 PM PA?? ??1p?1 411 P,fL'D,,"Si5Sb 3a -a - c? r a? c t7y N Cd (d ,G p U ?. cd w ? m a- -rs T m O c7 G O 0 ?m d? wm 06 a d' 8 ? OF a N_ a G ? id ? N Ham-- O a N ? N ? 6> S 'YQ 'u a ua a? `c,?i O c? O 04 co 'G Cl N © M o tz G ? t0 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, Pty 19103 215-563-7000 Fax #: 215-565-7616 'l'homas Kinsey Representing lenders in Legal Assistant Pennsylvania and New Jersey July 15, 2012 Mice of the Prothonotary Cumbo,rland County C'ourthouse 1 Courthouse Square C'arlisl? , PA 17013 Ile: Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP v. Susan Ingram, and L.William Grottola 'No. 11-8274 Civil Term Action in Mortgage Foreclosure Premises: 892 HAWTHORNE AVENUE, MECHANICSBURG, PA 17055-5729 Dear Sir/Madam: I would appreciate your entering a Judgment against defendant SUSAN INGRAM, relative to the above matter. Enclosed is the original Praecipc for Default Judgment with copies of 237.1 notices for yoLu- WCOrds, together with my check to -our order tor payment of bees and costs. lit addition, 1)1.61 t 10c'-stainpe:l copia;s of tl)c: Default Judg>Mclit to the defend ant(s) iii the pre- acldl ? 'Ci ?A tlltrvd ?,Ilvclopcs included. Kindly, send nac your ruk_cipt and a stamped copy of the Praecipe for Default Judgment in the stamped scli_addresscd en?'irl+?}x?, N%hick 1 have provided. If there are any questions concerning the above platter, please contact me immediately. Yours truly, Thomas Kinsey for Phelm7 Hatlinan & Schmieg, I,I.P 280178 PHELAN HALLINAN & SCHMIEG, LLP Joseph Schalk, Esquire 1617 JiK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-5$3-7000 Bank pf America, N.A.., Successor by Merg'r to BAC Home Loans Servicing, LP F Countrywide Home Loans Serve ng, LP VS. Susan] Ingram L.William Grottola Attorney for Plaintiff Cumberland. County . Court of Common Pleas Civil Division No. 14-8274 Civil Term PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SUSAN INGRAM, 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 TOTAI, $242,680.03 $242,680.03 I hereby certify that (1) the Defendant's last known address is 14884 BONNAIR RD, APT 2, GLEN ROCK, PA 17327-7800, and (2) that notice has been given in accordance with Rule Pa.R..C.P 237.1. f e Date ?Joscjib -balk, F'squirv Altotncy for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDIC:'A DATE: PHS a 2tot78 PROTHONOTARY 280178 PHELAN HAI..I,INAN & SCHMIEG, LLP Joseph Schalk, Esquire 1617 JFK Boulevard, Suite 1.400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Bank of America, N.A., Successor by !'Iergor to BAC Home Loans Servicing, LP FI?A Countrywide Home Loans Servicing, LP VS. Susant Ingram L.William Grottola Attorney for Plaintiff . Cumberland County . Court of Common Pleas . Civil Division . No. I1-8274 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in. the above-captioned matter, and that on information and belief he/she has knowledge of the following facts, to wit: (a) that 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 SUSAN INGRAM is over 18 years of age and resides at 14884 BONNAIR RD, APT 2, GLEN ROCK, PA 17327-7800. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 71. Date Esquire f tt I I or' is for Plaintiff . a 280178 (Rule of Civil Procedure No. 236) - Revised Bank of America, N.A., Successor by Cumberland County Merger to BAC Home Loans Servicing, LP FKAA Countrywide Home Loans Court of Common Pleas Servicing, LP Civil Division VS. Susan Ingram L.William Grottola No. 11-8274 Cavil Term 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 Hallinan & Schmieg, LLP Joseph Schalk, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1.400 One Penn Center Plaza Philadelphia, PA 1.9103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTE1'IPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HAVIi PREVIOUSLY RECEIVED A DISCIL4RGE IN BANKRUPTCY, THIS IS NOT AND SHOULD .NOT BE CONSTRUED TO BEANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** 280178 SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B ZAager Richard E Rice, 11 Chief Deputy,'; Operations Chief Deputy, Administration BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO SAC HOME LOANS Case Number SERVICIN6 11-8274 vs. SUSAN IN13RAM (et al.) SHERIFF'S RETURN OF SERVICE 1111012011 11:30 AM -DEPUTY TYRONE SNEERINGER, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY "PERSONALLY' HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT; SUSAN INGRAM AT 14884 BONNAIR ROAD, APARTMENT 2, GLEN ROCK, PA 17327. , J E .rf-_R ^NGFR, DEPUTY 1)0- 1111412011 09:27 AM - DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY HANDING ATRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE SHAWN GROTTILA, SON, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR L. WILLIAM GROTTOLAAT 112 MUMPER LANE, APARTMENT B105, GILLSBURG, PA 17019. E .. MICHAEL YONOVAN, DEPUTY 1210512011 1, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: SUSAN INGRAM, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) AS "NOT FOUND" AT 112 MUMPER LANE, DILLSBURG, PA 17019. PER POST OFFICE CHECK NOT KNOWN AT ADDRESS GIVEN. SHERIFF COST: $105.05 SO rr,< January 12; 2012 RICHARD P KEUERLESER, SHERIFF NOTARY Affirmed and subscribed to before me this 12TH day of JANUARY 2012 EANI; OI= AIt'IERICA,A., SUCCESSOR. BY MERGER TO BAC HOME LOANS SERVICING, LP FKA CC.}UNTRYWIINi HOME LOANS SERVICING, LP Plaintiff V SUISAN INGRAM I_,.WILLIAM CiROT'T"O ,A Defen.dant(s) I SUSAN INGRAM 14884 I ONNAI 2 RD, APT 2 GI.F..N ROCK. PA I fll 1 DA,rE OF NOTICE CC1l IRT OF CO'N/INI(..)N PLEAS CIVIL DIVISO.N NO. I I -8274 CIV It? TER'1%4 CUMBER.f.,ANE) C (A IN'i Y THIS FIRM IS A. DEBTCOLLECTOR ATTE.MPTIN(-i TO COLLECT A DEIST. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE.., IN1 I"BT'F DNI SS REFERRED TO HEREIN, AND ANY INFOR.MXI-ION OBTAINED FROM YOU Win BE USED FOR THAT PURPOSE. If, YOU HAVE PREVIOUSLY RE('EIVED A DISCHARGE IN BANKRUPTCY, THIS CORRFSPONDENC.E IS NOT ANT) SUOUTT-D NOT BE CONSTRUED TO BE AN A1°IEMPT TO COLLECT A DEBT", Pti F OL'LY AS ENFORCE `ME"N`T OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER \ WRITTEN APPEARANCE PERSONALLY OR BY ATTORNMY AND FILE IN WRITING WITII HE COURT YOUR DEFFNSF.;,S OR OBJECTIONS TO THE CLAIMS SIT FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TIN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY RE ENTERED AC,N ST YOU WITHOUT A HFARNG AND YOU %MAY LOSE: YOI.'R PROPERTY OR OTHER IMPORTANT RICTHT& YOU SHOULD TAKE THIS PAPER TO YOU7R LAWYER AT ONCE?. II= YOU DO NOT HAVE, A LAWYER., GO TO OR TELEPHONE THE OFFICE SET FORTH I3FLC. W, THIS OFFICE CAN PROVIDI? YOU WITH INFORMATION AF3(}UT HIRINGY A T.AWYER. IF YOU CANNOT A.FFORI:) TO HIRI. A LAWYER, THIS Or ICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT A(JI NCI.ES TTIAT MAY OFFER LEGAL, SERVICE'S TO ELIGIBLE PERSONS AT A REDUCED .` E OP. NO FEE. Office of the Prothonotary Cumberland County Courthouse I Covrthou?.e Square Carlisle, PA 17013 3;%17)240-6195 CUMBERLAND COUNTY BAR A:SSOCIA`I`ION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVE1 IJ (" kI P1_i-,. PA 1W13 t'; 1-;, :166 Dana (Now. L squire Attorney for 11lYiii0 I'( Phelan Hallinan R. Schmieu., LI,P 1617 JFK Boulevard, Suits 1400 One Penn Centel: Plaza Philadelphia, PA 19103 Bankof America July 28, 2010 Mr. Louis Orottola 892 Hawthorn Avenue Mechanicsburg, PA 17055 Bank of America account ending: 1070 Dear Mr. Grottola: We received a complaint on your behalf from your attorney Mr. Robert Quigley. As we discussed in our conversation on July 27, 2010, Bank of America requires written authorization to discuss your loan directly with Mr. Quigley. However as his concerns may reflect your concerns, we have addressed the issues raised below. Mr. Quigley's correspondence expressed concern that the modification process was taking too long. Bank of America records indicate that since the August 25, 2009 response, your file was reviewed by the Home Retention Vivision CURD"} for potential loan modification. On September 1, 2009 you spoke with a HRD associate, who notified you that we would need the financial information for the co-borrower, Ms. Susan Ingram in order to review the file for modification. Bank of America does not show record of any additional document submission from you to pursue modification review. On October 9, 2010, a realtor contacted Bank of America requesting information to pursue a short sale. Please note that Bank of America alerted the agent that we required authorization to speak with them regarding your account. Our records do not show any additional contact or that the authorization was received. According to our research, your short sale process is not moving due to missing documentation. During our telephone conversation on July 27, 2010 you stated to me that you will have to get the attorney to obtain that information for you, as you are no longer in contact with the co-borrower. I also informed you that Bank of America also requires written authorization for your realtor, Joseph M. Schuetz of ReMax Realty Associates. Bank of America did receive the'written authorization for Mr. Schuetz on July 28, 2010. Mr. SchuetZ should initiate the short sale on www.eguator.com. The Short Sale Equator system is designed to gather all fbrms that are needed for the short sale process. You can also check status and general communication needs on this system. Please note that a short sale is not approved simply because an offer is received that is less than the amount owed. Each potential short sale is reviewed on a case by case basis. Any time a customer is attemptinga workout of this nature, there is no guarantee of acceptance of any one offer, as each reviewed on a case by case basis. Please note that in order to successfully complete a short sale, information from the co- borrower, Ms. Ingram, will be needed. 800257.8878 Bank of America, TX1-M•26.01 PO Box 831000, Dallas, TX 782834000 8arfdrd %Wr July 28, 2010 Mr. Louis Curottola Page Two Your account is currently due for the September 1, 2009 payment. Your account has not been referred for foreclosures and no foreclosure date is currently scheduled. If you choose to provide your attorney Mr. Robert Quigley with authorization, please do so by faxing in authorization release statement allowing us to release information] on the account directly to 1.312.453.6899. For your convenience I am enclosing an authorization form with this letter. I hope I ha-fe satisfactorily addressed your concerns. If you have any questions regarding the short sale process please contact the Short Sale Department at 1.866.800.1232, Monday through Friday, 7 a.m. to 7 p.m. Pacific. If you have ativ y question regarding the information contained in this letter, please contact the Regulatory Relationsh Team, within Bank of America's Office of the CEO and President at 1.972.526.3610, Monday through Friday, 8 a.m. to 5 p.m. Central. Sincerely, e'd Celena Brown Regulatory?Relationship Team Bank of America Home Loans and Insurance Enclosure Rm&d Paper PHELANjHALLINAN & 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 MERGEI t TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, IrX 75024 Plaintiff VS. SUSAN INGRAM 775 OLDSILVER SPRING RD MECHANICSBURG, PA 17055-2848 L.WILLIAM GROTTOLA 112 MUMPER LANE, APT B105 DILLSBtRG, PA 17019-1352 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 11-8274 Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment, Exhibits, Praecipe for Argument, and proposed Order were sent via first class mail to the persons on the date listed below: SUSAN INGRAM 775 OLD SILVER SPRING RD MECHANICSBURG, PA 17055-2848 ROBERTA. QUIGLEY, ESQUIRE 1553 BRIDGE STREET NEW CUMBERLAND, PA 17070 Date: a Lt 17-- B r7-o FaCE PRAECIPE FOR LISTING CASE FOR ARGUMENT °H" PRQTNONOTAR (Must be typewritten and submitted in duplicate) 2012 AUG 23 PM 1: 10 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: CUMBERLAND C01JNTY Please list the within matter for the next Argument Court. PENNSYLVANIA CAPTION OF CASE (entire caption must be stated in full) Bank of America, N.A. (Plaintiff) vs. Susan Ingram and L. William Grottola (Defendant) No. 2011-8274 Civil Term 1. 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 2 Identify counsel who will argue case: (a) for plaintiff. Joseph P. Schalk, Esquire Address: 126 Locust Street, Harrisburg, PA 17101 (b) for defendant: Robert A. Quigley, Esquire Address: 1553 Bridge Street, New Cumberland, PA 17070 3 4. I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: October 5, 2012 Date: August 22, 2012 ' ,Th . Schalk, Esquire Att me for Plaintiff Qom} 419 . ? S ?ci a I Ca ~ 3 ~~ PRAECIPE FOB LISTING CASE FOR ARGUMENT ~ ' % . ~,~" _ ~ (Must be typewritten and submitted in duplicate) -~-, ,~ ;, ~~,~ ` TO THE PROTHONOTARY OF CUMBERLAND COUNTY: ~~ ~ - ~~ ~.. c- -- - _s _ ,~ ... __, Please list the within matter for the next Argument Court. =~ - ~~ ~: CAPTION OF CASE ~ ~~ (entire caption must be stated in full) Bank of America, N.A. ~ _ (Plaintiff) J" ~.: -:. ~~. ~ - Susan Ingram and L. William Grottola (Defendants) No. 201 1-8274 Civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's rnotion for Summary .Iudgment 2. Identify counsel who will argue case: (a) for plaintiff: Joseph P. Schalk, Esquire Address: 126 Locust Street, Harrisburg, PA 17101 (b) for defendant: Robert A. Quigley, Esquire Address: 1553 Bridge Street, New Cumberland, PA 17070 3. 1 will notify all parties in writing within two days that this case has been listed fbr argument. ~4. Argument Court Date: December 21, 2012 ,~ ~ ~ Date: ~ ,~'os ph Pl chalk, Esquire ~~Att rney or Plaintiff ~. ~~a~~so~ • - ., PHELAN HALLiNAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 Telephone: (215) :563-7000, Ext. 7365 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND (~'OUNTY, PENNA. Civil Division No. 11-8274 CiviP 't'erm vs. SUSAN INGRAM 775 OLD SILVER SPRING RD MECHANICSBURG, PA 17055-2848 L.WILLIAM GROTTOLA 112 MUMPER LANE, APT B10:5 DILLSBURG, PA 17019-1352 Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Praecipe for Listing Case :For Argument was sent via first class mail to the persons on the date listed below: St SAN INGRAM 14884 BONNAIIc ROAD APT #~? GLEN ROCK, PA 17327-7899 ROBER'C A. QUIGLEY, ESQUIRE 153 BRIDGE STREET NEW CUMBERLAND, PA 17070 ~ ~. ~.`~ Date: r O i' ~ ~ L~_ By. l ~\~, ~ ,~ ~ f ,~I~ i -i-~_ 1 Ja~ep P. chalk, EsCq,/u'ire A~tto ey for Plaintiff ~,, :.f1 :ii tr' N 9 TA Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 20113 JAN 2 S AN 10: 18 Attorney For Plaintiff rUMBERLAND COUNT' PENNSYLVANIA BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff vs SUSAN INGRAM L.WILLIAM GROTTOLA Defendant : I Court of Common :Pleas : I Civil Division : CUMBERLAND County : I No. 11-8274 CIVIL TERM PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute NATIONSTAR MORTGAGE, LLC as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: NATIONSTAR MORTGAGE, LLC is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded _12/03/2012_ in Mortgage Instrument No. _201237289 of the Recorder of Deeds Office in and for CUMBERLAND County. Kindly amend the information on the docket accordingly. Date: By: Zach S . No.310721 r y Plaintiff PHS # 280178 awn.+? 9so ?a y ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of NATIONSTAR MORTGAGE, LLC. Date: PHELAN HA INAN, LLP By: Zach n , Es ., Id. No.310721 orn for Plaintiff PHS # 280178 Phelan Hallman, LLP 1617 JFK Boulevard. Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY :'MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff V. SUSAN INGRAM L.WILLIAM GROTTOLA Defendant Attorney for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 11-8274 CIVIL TERM Mail Code: 1208 PHS # 280178 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Praecipe to Substitute Party Plaintiff Name Change to NATIONSTAR MORTGAGE, LLC and substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: Robert A. Quigley, Esquire 1553 Bridge Street New Cumberland, PA 17070 SUSAN INGRAM 775 OLD SILVER SPRING RD MECHANICSBURG, PA 17055-2848 L.WILLIAM GROTTOLA 112 MUMPER LANE, APT B 105 DILLSBURG, PA 17019-1352 Date: /I 2 S _/ PH4LAN ALL -AN, LLP By: Zac es, Es , Id. No.310721 rn or P laintiff Phelan Hallinan, LLP _ P t i i Allison F. Zuckerman, Esq., Id. No.309519 2� ���ORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 2013 One Penn Center Plaza �t�-JRSERLANO COUNTY Philadelphia, PA 19103 PENNSYLVAMp allison.zuckerman@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County SUSAN INGRAM L.WILLIAM GROTTOLA No.: 11-8274 CIVIL TERM 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 February 26, 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 February 15, 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 Kevin A. Hess on or about February 28, 2013 directing the Defendants to show cause by March 20, 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 March 8, 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. 280178 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of March 20, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phela DATE: _ Allison ckerman, Esq., Id.No.309519 Attorney for Plaintiff 280178 Exhibit "A" 280178 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 February 15,2013 ROBERT A. QUIGLEY, ESQUIRE SUSAN INGRAM 1553 BRIDGE STREET 14884 BONNAIR RD NEW CUMBERLAND,PA 17070 APT 2 GLEN ROCK,PA 17327-7800 RE: NATIONSTAR MORTGAGE,LLC v. SUSAN INGRAM and L.WILLIAM GROTTOLA Premises Address: 892 HAWTHORNE AVENUE MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 11-8274 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 2/20/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very 4PIrai"You Allis Esq.,Id.No.309519 Atto Enclosure 280178 00 6[E£?E.t?�0 0 089.xoo M; -e oo to La t 60) 6A 6A u L T� mEb_a ` o 0 e E x E E M `w c u O C V w any O W O rl t � A F O u �,yit V1��YI N > Wl ray Wl �+ V a' 4 0 V ° O Ow M � eo O oo NZU ati � Ur�' 41 o, � Cd a .� Ce, Z � .•� C7 rn oo OG .., Z � H a a> z • U V r M N N N E.4 "Cl W zQ0 :a' Ha Exhibit "B" 280178 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NATIONSTAR MORTGAGE, LL•C Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County SUSAN INGRAM L.WII..I..IAM GROTTOLA No.: 11-8274 CIVIL TERM Defendants RULE Y AND NOW, this `d day of ' 2013,a Rule is entered upon the Defendants Xf 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. .03 w xM x;o ► ern r xC) Wi=n 280178 Allison F.Zuckerman,Esq.,Id.No>309519 Phelan Hallinan, I.,LP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEI...: (215)563-7000 FAX: (215)563-3459 SUSAN INGRAM SUSAN INGRAM 14884 BONNAIR RD 892 HAWTHORNE AVENUE APT 2 MECHANICSBURG, PA 17055-5729 GLEN ROCK,PA 17327-7800 ROBERT A. QUIGLEY,ESQUIRE 1553 BRIDGE STREET NEW CUMBERLAND;PA 17070 280178 280178 Exhibit "C" 280178 Phelan Hallinan, LLP Melissa J. Cantwell,Esq., Id.No.308912 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Melissa.Cantwell @phelanhal linan*.com 215-563-7000 NATIONSTAR MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County SUSAN INGRAM L.WILLIAM GROTTOLA No.: 11-8274 CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's February 28, 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. SUSAN INGRAM SUSAN INGRAM 148-84 BONNAIR RD 892 HAWTHORNE AVENUE APT 2 -MECHANICSBURG,PA 17055-5729 GLEN ROCK,PA 17327-7800 ROBERT A. QUIGLEY,ESQUIRE 1553 BRIDGE STREET NEW CUMBERLAND,PA 17070 flan llinan, LLP DATE. M i 0 8 28113 By. Melissa J. Carttwc1,Esq.,Id.No.308912 Attorney for Plaintiff 280178 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County SUSAN INGRAM L.WILLIAM GROTTOLA No.: 11-8274 CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. SUSAN INGRAM SUSAN INGRAM 14884 BONNAIR RD 892 HAWTHORNE AVENUE APT 2 MECHANICSBURG,PA 17055-5729 GLEN ROCK, PA 17327-7800 ROBERT A. QUIGLEY, ESQUIRE 1553 BRIDGE STREET NEW CUMBERLAND, PA 17070 P al ' , LLP DATE: By: ison ckerman,Esq., Id.No.309519 Attorney for Plaintiff 280178 `k'h tl IN THE COURT OF COMMON PLEAl CUMBERLAND COUNTY,PENNSYLVANIA - z NATIONSTAR MORTGAGE, LLC Court of Common Plpp m;l Plaintiff rte- " ;c_ Civil Division ' vs. ; 3 7-4 j . CUMBERLAND Cotta SUSAN INGRAM L.WILLIAM GROTTOLA No.: 11-8274 CIVIL TOW Defendants ORDER AND NOW, this Z& day of 203, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECKED,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 $202,479.20 Interest Through February 28, 2013 $48,846.91 Legal fees $2,550.00 Cost of Suit and Title $857.55 Property Inspections $317.00 Mortgage Insurance Premium/Private Mortgage Insurance $4,394.46 Escrow Deficit $11,918.22 Suspense/Misc. Credits ($1,528.50) TOTAL $269,834.84 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY T COURT: I � ✓ju$'C#'1 ���'rz2.ri ✓,�6e^� �%u`Jcl 280178 �PiCS Aiarle-,11 .3/-> 13 4Z PRAECIPE TO ENTER JUDGMENT PER COURT ORDER P.R.C.P. 3180-3183 NATIONSTAR MORTGAGE,LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION NO. 11-8274 CIVIL TERM o V. n . o . n CUMBERLAND COUNTY-0= w .to W m r, -n SUSAN INGRAM rn -0 z� a 'nm t L.WILLIAM GROTTOLA cnD o0 Defendant(s) t—Z —+o <o m so- Dn 3 . Dc o °ten PRAECIPE TO ENTER JUDGMENT PER COURT ORDER r A r � To the Prothonotary: Kindly amend the Judgment per the Court Order dated 3/2612013 in favor of the Plaintiff and against SUSAN INGRAM and L.WILLIAM GROTTOLA,defendant(s). As Set Forth in the Order $269.834.84 Phelan Hallinan & Sehmieg,LLP I Melissa J. Cantwell, Esq., Id.No.308912 Attorney for Plaintiff t G>L� 1ag9a , 21�1R 009 357 1 0j -Now ma*k PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-31.83 NATIONSTAR MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff V. CIVIL,DIVISION NO.: 11-8274 CIVIL TERM SUSAN INGRAM L.WILLIAM GROTTOLA Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $269,834.84 -n f7 c 'n Interest from 03/01/2013 to Date of Sale 18,339.68 3 ($44.36 per diem) Zm =I- M_m_ z= = -orn -GF• rn -+p TOTAL $278374.52 o-i z- zo � c o °rn Phelan Hallinan, Ll, u7 Melissa J. Cantwell, Esq.,Id. No.308912 Attorney for Plaintiff Note: Please attach description of property. PHS#280178 a�- ag sv 1 Ln,oo C8F gaco CRF 16.5 tt 19- Ict . s' rr 1 to.So�" a .so t, rt 1 U-so 00 DLA 2 a 3sg W PE I-Sywd LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land,situate in Upper Allen Township,Cumberland County, Pennsylvania,being more particularly bounded and described as follows to wit: BEGINNING at a point on the northern line of Hawthorn Avenue at the southeast comer of Lot No. 83 as shown on the hereinafter mentioned Plan of Lots;thence by the dividing line between Lots No. 83 and 84, north six(6).degrees fifty-nine(59)minutes thirty(30)seconds east,one hundred fifty(150)feet to a point; thence south eighty-three(83)degrees zero(0)minutes thirty(30) seconds east,one hundred(100)feet to a point;thence by the dividing line between Lots No. 84 and 85,south six(6)degrees fifty-nine(59)minutes thirty(30)seconds west,one hundred fifty(150)feet to a point on the northern line of Hawthorn Avenue; thence by the northern line of Hawthorn Avenue,north eighty-three(83)degrees zero(0)minutes thirty(30) seconds west,one hundred(100)feet to a point,the place of BEGINNING. BEING Lot No.84 in the Plan of Lots of Center Square Manor,Extension`A'Plan No.7,which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 31,at Page 36. UNDER AND SUBJE.,C7,NEVERTHELESS,to all easements,restrictions,encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. TITLE TO SAID PREMISES VESTED IN L. William Grottola,single man,by Deed from Brian C. LeTersky and Jessica M. LeTersky,h/w, dated 06/20/2006,recorded 06/27/2006 in Book 275, Page 1678. PREMISES BEING:892 HAWTHORNE AVENUE,MECHANICSBURG,PA 17055-5729 PARCEL NO,42-30-2108-276 PHELAN HALLINAN, LLP Attorneys for Plaintiff Melissa J. Cantwell, Esq., Id. No.308912 FILED-OFFICE 1617 JFK Boulevard, Suite 1400 OF THE PROTHONOTARY One Penn Center Plaza 1013 APR 18 AN 10 46 Philadelphia, PA 19103 215-563-7000 CUMBERLAND COUNTY NATIONSTAR MORTGAGE,LLC PENNSYLVANIA COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. SUSAN INGRAM NO.: 11-8274 CIVIL TERM L.WILLIAM GROTTOLA 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 ( ) Act 91 procedures have been fulfilled (X) 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. B Phelan Hallman,LLP Melissa J. Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff NATIONSTAR MORTGAGE, LLC COURT OF COMMON PLEAS 00 Plaintiff FILED-OFFICE 01 THE PROTHONOTAN'( CIVIL DIVISION V 2013 APR 18 AM 10' 46 NO.: 11-8274 CIVIL TERM SUSAN INGRAM CUMBERLAND COUNTY L.WILLLAM GROTTOLA PENNSYLVANIA Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 NATIONSTAR MORTGAGE,LLC,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 892 HAWTHORNE AVENUE,MECHANICSBURG,PA 17055-5729. 1. Name and address of Owner(s)or reputed Owner(s): - Name Address(if address cannot be reasonably ascertained please so indicate) L.WH,LIAM GROTTOLA 112 MUMPER LANE APT B105 DILLSBURG,PA 17019-1352 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) SUSAN INGRAM 14884 BONNAIR RD APT 2 GLEN ROCK,PA 17327-7800 L.WILLIAM GROTTOLA 112 MUMPER LANE APT B105 DILMBURG,PA 17019-1352 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. PHS #280178 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the i. sale. Name Address(if address cannot be reasonably ascertained,please indicate) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG,PA 17055 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 892 HAWTHORNE AVENUE MECHANICSBURG,PA 17055-5729 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 L.WILLIAM GROTTOLA 1553 BRIDGE STREET C/O ROBERT A.QUIGLEY,ESQUIRE NEW CUMBERLAND,PA 17070 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: J BL���� Phelan Hallinan,LLP Melissa J. Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff PHS #280178 NATIONSTAR MORTGAGE, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 11-8274 CIVIL TERM SUSAN INGRAM L.WILLIAM GROTTOLA CUMBERLAND COUNTY Defendant(s) P NOTICE OF SHERIFF'S SALE OF REAL PROPERTY c CO a =-n TO: SUSAN INGRAM L.WILLIAM GROTTOLA zm -0 M r 14884 BONNAIR RD, APT 2 112 MUMPER LANE, APT BA- — o0 GLEN ROCK,PA 17327-7800 DILLSBURG,PA 17019-1352r-2 °D —+o 2 *t yam°. 3C z� =� ; o C)P-1 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY BQFORNPAqJON$IITIYED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN4 IANIpRUP CY, 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'892 HAWTHORNE AVENUE,MECHANICSBURG, PA 17055-5729 is scheduled to be sold at the Sheriff's Sale on 09/04/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$269,834.84 obtained by NATIONSTAR MORTGAGE,LLC(the mortgagee)against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs 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 piece or parcel of land,situate in Upper Allen Township,Cumberland County, Pennsylvania,being more particularly bounded and described as follows to wit: BEGINNING at a point on the northern line of Hawthorn Avenue at the southeast corner of Lot No. 83 as shown on the hereinafter mentioned Plan of Lots;thence by the dividing line between Lots No.83 and 84, north six(6)degrees fifty-nine(59)minutes thirty(30)seconds east,one hundred fifty(150)feet to a point; thence south eighty-three(83)degrees zero(0)minutes thirty(30)seconds east,one hundred(100)feet to a point;thence by the dividing line between Lots No.84 and 85,south six(6)degrees fifty-nine(59)minutes thirty(30)seconds west,one hundred fifty(150)feet to a point on the northern line of Hawthorn Avenue; thence by the northern line of Hawthorn Avenue,north eighty-three(83)degrees zero(0)minutes thirty(30) seconds west,one hundred(100)feet to a point,the place of BEGINNING. .; BEING Lot No. 84 in the Plan of Lots of Center Square Manor,Extension 'A'Plan No.7, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 31,at Page 36. UNDER AND SUBJECT,NEVERTHELESS,to all easements,restrictions,encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. TITLE TO SAID PREMISES VESTED IN L.William Grottola, single man,by Deed from Brian C. LeTersky and Jessica M. LeTersky,h/w, dated 06/20/2006, recorded 06/27/2006 in Book 275,Page 1678. PREMISES BEING:892 HAWTHORNE AVENUE.,,MECHANICSBURG,PA 17055-5729 PARCEL NO,42-30-2108-276 SHORT DESCRIPTION By virtue of a Writ of Execution No. 11-8274 CIVIL TERM NATIONSTAR MORTGAGE, LLC V. SUSAN INGRAM L.WILLIAM GROTTOLA owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, CUMBERLAND County, Pennsylvania, being 892 HAWTHORNE AVENUE,MECHANICSBURG, PA 17055-5729 Parcel No. 42-30-2108-276 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $269,834.84 Attorneys for Plaintiff Phelan Hallinan, LLP WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 11-8274 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONSTAR MORTGAGE,LLC, Plaintiff(s) From SUSAN INGRAM,L.WILLIAM GROTTOLA (I) 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 gamishee(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: $269,834.84 L.L.: $.50 Interest FROM 311/2013 TO DATE OF SALE($44.36 PER DIEM)-$8,339.68, Arty's Comm: Due Prothy: $2.25 Arty Paid: $366.00 Other Costs: Plaintiff Paid: Date: 4/18/13 David D. Buell,Proth not ry (Seal) By: �m.. nn _ Deputy REQUESTING PARTY: Name: MELISSA J. CANTWELL,ESQUIRE Address: PHELAN HALLINAN LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for:PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.308912 AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY NATIONSTAR MORTGAGE,LLC PHS#2801.78 DEFENDANT SERVICE TEAM/lxh SUSAN INGRAM COURT NO.:I1-8274 CIVIL TEg1 L.WILLIAM GROTTOLA �, c1t� t'�a --A C_` SERVE SUSAN INGRAM AT: TYPE OF ACTION 14884 BONNAIR RD XX Notice of Sheriffs Sate t�fl r APT 2 SALE DATE: September 4,2013 r n CD GLEN ROCK,PA 17327-7800 p p —A SERVED ^, " Served and made known to SUSAN INGRAM,Defendant on the*7 day of 20l�' at o'clock M.,at— _01a, aF1'j�17 ,in the manner des6ribed ow: —Defendant tersonal1y 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 relationshi Manager/Clerk of place of lodging in which Defendant(s)reside(s).2: A= , : &;;0,) _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age 9� Height tt Weight) Race k-) Sex t-- Other I, ,a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unworn fal ification to authorities. DATE: NAMEhNA�e- TITLE:�P At4 NOT SERVED On the day f 20—,at o'clock_. M.,I, a competent adult hereby state that Defendant NOT FOUND ecause: _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 Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 r f lc PROTI ONOD,'r, PHELAN HALLINAN,LLP 2013 AUG `"6 AM D ARIorney for Plaintiff Adam H. Davis,Esq.,Id.No.203034 CUMBERLAND COUNTY 1617 JFK Boulevard,Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NATIONSTAR MORTGAGE,LLC CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION SUSAN INGRAM L.WILLIAM GROTTOLA No.: 11-8274 CIVIL TERM Defendant(s) P AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa.R.C.P. 3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Adam H.Davis,Esq.,Id.No.203034 r--�/V� Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#774010 r Namc and Phelan IIi,11inan,LLP ° n Address 1617 JFK'Boulevard.Suite 1400 H OlSender One Penn Center Pieza I Ailadelphis.PA I+1103 AIK/.,MAN-0914/2013 SALE Line Article Number Name ofAddressee,Street.and PosttOMce Address Postage 1 asss TENANT/OCCUPANT $0.45 tog, 892 HAWTHORNE AVENUE `fie a MECHANICSBURG PA 17055-5729 (i t 2 " DOMESTIC RELATIONS OF S0:45 � CUMBERLAND COUNTY 13 NORTH HANOVFRSTRYET a CARLISLE-PA 37013 3 rsss COMMONWEALTH OF PENNSYLVANIA SO.45" DEPARTMENT OF WELFARE 1 P.O.BOX 1675 IARRISBURG FA 17105 4 ,*" INTERNAL'REVENUE SERVICE ADVISORY $0.45 1000 LIBERTY.AVENUE ROOM 704 PITTSBURGH PA 15222 5 esss U.S.DEPARTMENT OF JUSTICE $0.35 U.S.ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET,SUITE 220 PO BOX 11754 HARRISBURG PA 17108.7754 6 sees L WILLIAM GROTTOLA $0.45 CIO ROBERT A.QUIGI.EV,F4QIIIRP 7553 BRTDGI3 STREET NEW CUMBERLAND PA 17070 7 ++*3 UPPER ALLEN TOWNSHIP $0.45 100 GEITYSBURG PIKE MTu HANICSBUR ,`I';1`3705S-°-` •' < -_.. :_;«• SUSAN INGRAM(CUMBERLAND) PHS k 28017&I421' P e .oS Y Wrtt Team 133J5 s...h Idavuraero 7ou1 —bud PK S Ppcmuu.Pert NIm o Mx o jdoe4nBlm at vam-o aquiTdO4.11 d)ffwwCand"u rat rcsatrcd mail.71ft ma:imam bft,=hy inyatk rs.�uxeay�� Reaireda+tlx�Otru ftc.c+cngC.�{1v}x) 9Jrdleimrtalrtiiiunulawsrrc�vliabkiM.nrw.irk+EsyntssNailduiyniart'iii-ahatw.twnirnuienclSN1.tO0prs . P3ece t.dr3ea,nNiinit tS S.NO,¢la lrr nce:+mvr. TM++u+inomi�mr:K payshb nn F,ilir_..tAail.m.rch.Miu Si SS'N. . 71Tha miuim+m indcamlty pryade is 323,oD)(or rct3smiJ wP:uat w$h qu'ron31 irts'Xaree.&a t?m+ealk GIa7 Nanuai k9�t S419:est 59x1 farliraitatba.+ofrorm Form 3877 Facsimile PHELAN HALLINAN,LLP t1( , Attorney for Plaintiff `F �' 44 One Penn Center Plaza �" '�BERL A Ldp P�P�S}' COUNTY 1617 HK Boulevard,Suite 1400 vAN(q Pc Philadelphia,PA 19103 ' allison.zuckerman @phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION SUSAN INGRAM NO. 11-8274 CIVIL TERM L.WILLIAM GROTTOLA Defendants MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff,by its counsel, Phelan Hallinan, LLP,petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, L.WILLIAM GROTTOLA, by certified mail and regular mail to L.WILLIAM GROTTOLA at 112 MUMPER LANE,APT B105,DILLSBURG,PA 17019-1352 and 892 HAWTHORNE AVENUE, MECHANICSBURG, PA 17055-5729 and posting 892 HAWTHORNE AVENUE, MECHANICSBURG,PA 17055-5729 and publication pursuant to PA.R.C.P. 3129.2 (D)and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for September 4, 2013. 2. Pennsylvania Rule of Civil Procedure(Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant, L.WILLIAM GROTTOLA,with the Notice of Sale at the mortgaged premises, 892 HAWTHORNE AVENUE, MECHANICSBURG, PA 17055-5729,have been unsuccessful, as indicated by the Return of Service attached-hereto as Exhibit "A".No service made as the property is vacant. 4. Attempts to serve Defendant, L.WILLIAM GROTTOLA, with the Notice of Sale at 112 MUMPER LANE,APT B105,DILLSBURG, PA 17019-1352 have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". No service made as the property is vacant. 5. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 6. Plaintiff contacted the Prothontary's Office and as of July 25, 2013, no Judge has previously entered a ruling in this case. 7. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on August 1, 2013 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs August 1, 20131etter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit"C". 8. Plaintiff submits that it has made a good faith effort to locate the Defendant, L.WILLIAM GROTTOLA,but has been unable to do so. WHEREFORE,Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to L.WILLIAM GROTTOLA at 112 MUMPER LANE,APT B105, DILLSBURG, PA 17019-1352 and 892 HAWTHORNE AVENUE, MECHANICSBURG, PA 17055-5729 and posting 892 HAWTHORNE AVENUE,MECHANICSBURG, PA 17055-5729 and by publication. Phelan Hallinan, LLP DATE: L B on e , Esquire ID'N 9519 Attorney for Plaintiff PHELAN HALLINAN,LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 allison.zuckerman @phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION SUSAN INGRAM NO. 11-8274 CIVIL TERM L.WILLIAM GROTTOLA Defendants PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c)provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided-in subparagraph(A) or (B),the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment,the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant,L.WILLIAM GROTTOLA, are unknown, a reasonable investigation of his/her last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a)provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of"not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis,238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a"good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and(3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the of return of service, hereto as Exhibit "A",the process server has been unable to serve the Notice of Sale. A"good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation,marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to L.WILLIAM GROTTOLA at 112 MUMPER LANE,APT B105, DILLSBURG, PA 17019-1352 and 892 HAWTHORNE AVENUE, MECHANICSBURG, PA 17055-5729 and posting 892 HAWTHORNE AVENUE, MECHANICSBURG, PA 17055-5729 and by publication pursuant to PA.R.C.P. 3129.2. Phelan Hal DATE: B : . llison man, Esq., Id. No.309519 Attorney for Plaintiff PHELAN HALLINAN,LLP Attorney for Plaintiff. One Penn Center Plaza 1617 HK Boulevard, Suite 1400 Philadelphia,PA 19103 allison.zuckerman @phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION SUSAN INGRAM NO. 11-8274 CIVIL TERM L.WILLIAM GROTTOLA Defendants CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice 1. of Sale Pursuant to Special Order of Court,Proposed Order,Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail, postage prepaid to the following interested parties on the date indicated below. SUSAN INGRAM 14884 BONNAIR RD, APT 2 GLEN ROCK, PA 17327-7800 L.WILLIAM GROTTOLA 112 MUMPER LANE,APT B105 DILLSBURG,PA 17019-1352 L.WILLIAM GROTTOLA 892 HAWTHORNE AVENUE MECHANICSBURG, PA 17055-5729 Phelan Hallinan, LLP DATE: By' Allis Zerman, Esq., Id.No.309519 Attorney for Plaintiff EXHIBIT 6699 . AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY NATIONSTAR MORTGAGE,LLC PHS#280178 DEFENDANT SEMCE TEAM/Ixh SUSAN INGRAM COURT NO.:11-8274 CIVIL TERM L.W&LIAM GROTTOLA SERVE L.WILLIAM GROTTOLA AT: TYPE OF ACTION 892 HAWTHORNE AVENUE XX Notice of Sheriffs Sale MECHANICSBURG,PA 17055-5729 SALE DATE: September 4,2013 Served and made known to L WI i IAM GROTTOLA,Defendant on the_day of 20 at o'clock_.M.,at ,in the manner described below: _Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other I, __ a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unworn falsification to authorities. DATE: NAME: PRINTED NAME: TnIE: t RIOT SERVED On the a competent adult hereby 5 day-of 20_ ,at o clot .M.,I, .state at a en ant C08USe;. . 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 unworn falsification to,a2ttho�rides. PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 V� AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY NATIONSTAR MORTGAGE,LLC PHS#280178 DEFENDANT ..SERVICE.TEAM/.ixh SUSAN INGRAM COURT NO.:11-8274 CIVIL TERM L.WILLIAM GROTTOLA SERVE L.WILLIAM GROTTOLA AT: TYPE OF ACTION 112 MUMPER LANE XX Notice of Sheriff's Sale APT B105 SALE DATE: September 4,2013 DILISBURG,PA 1701.9-1352 :SERVED . Served and made known to L.WILLIAM GROTTOLA,Defendant on the_day of.. .... .:. : ,20 at o'clock­M.,at= ,in the manner described below: _Defendant personally served. Adult family member with whom Defendant(S)reside(s). Relationship is_.............:.. _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company.. _ Other: Description: Age Height Weight. Race..Sex, •Other,. I, a competent adult,hereby verify that I personally handed a true and correct copy of the .Notice of.-Sheriffs Sale in`fie 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 unworn falsification to authorities. DATE: NAME: PRINTED NAME:_.... ... _ _ TITLE: NOTSERVFD On the�da v of 20L3 20L3 atr!'�'�t'i Hick IV1 I,. Tan �`1 i�ri t r ih dlcint adult hereby state thafDefend'aut 1' FtiD because• Vacant Does.Not Exist _Moved ?ZDoes Not Reside(Not Vacant) No Answer on at.. .- kerviceRefused s��r7,��ee qrr/� lIYe _ Dther fl�Stit'�` 1'S )A,,) i A"Ar,,J 6/e.4 r,4-: f�5 Or✓y � � ,`->✓ ��ks1 y CY I understand that this statement is made subject to the penalties of 18 Pa. C.S. S& 4904 -cIiitut . unsw m: falsi:iif .i qtr tp atimi°it';c ? :.... PR A'T'TORNEY FOR PLAINTIFF Phelan Hallman;LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 T EXHIBIT GL Y999 Qa AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 280178 Attorney Firm: Phelan Hallinan,LLP Subject: Susan Ingram&L.William Grottola Property Address: 892 Hawthorne Avenue,Mechanicsburg,PA 17055 Possible Mailing Address: (Susan Ingram)14884 Bonnair Road,Glen Rock,PA 17327 (L.William Grottola)112 Mumper Lane,Apartment 105,Dillsburg, PA 17019 I.CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Susan Ingram-xxx-xx-3601 L.William Grottola-xxx-xx-1212 B. EMPLOYMENT SEARCH Susan Ingram&L.William Grottola-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Susan Ingram resides at 14884 Bonnair Road,Glen Rock,PA 17327&L.William Grottola reside(s)at 112 Mumper Lane,Apartment 105, Dillsburg,PA 17019. U.INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which had no listing for Susan Ingram. B. On 07-16-13 our office made several telephone calls to a possible phone number of the subject(s)(717)432-2338 and received the following information: answering machine.On 07- 16-13 our office made a telephone call to a possible phone number of the subject(s)(717)432- 0447 and received the following information:not in service. III.INQUIRY OF NEIGHBORS On 07-16-13 our office made several phone calls in an attempt to contact John R.Stover(717) 697-5827,868 Hawthorne Avenue,Mechanicsburg,PA 17055:answering machine. On 07-16-13 our office made several phone calls in an attempt to contact Jeanne C.Foley(717) 697-5017,912 Hawthorne Avenue,Mechanicsburg,PA 17055:answering machine. On 07-1.6-13 our office made several phone calls in an attempt to contact Elizabeth M. Costanza(71.7)697-5384,895 Hawthorne Avenue,Mechanicsburg,PA 17055:answering machine. On 07-16-13 our office made a phone call in an attempt to contact John E.Clark(717)235-0964, 1.4901 Bonnair Road,Glen Rock,PA 17327:not in service. On 07-16-13 our office made a phone call in an attempt to contact Earl R.Jackson 111(717)235- 6953,14862 Bonnair Road,Glen Rock,PA 17327:spoke with an unidentified female who could not confirm that the subjects reside(s)at 14884 Bonnair Road,Glen Rock,PA 17327. On 07-16-13 our office made several phone calls in an attempt to contact Maurice W.Kline (717)235-6490,14853 Bonnair Road,Glen Rock,PA 17327:answering machine. On 07-16-13 our office made several phone calls in an attempt to contact Steven W.Blazer (717)432-8450,113 Mumper Lane,Dillsburg,PA 17019:answering machine. On 07-16-13 our office made several phone calls in an attempt to contact Charity D.Miller (717)432-4321,115 Mumper Lane,Dillsburg,PA 17019:answering machine. On 07-16-13 our office made a phone call in an attempt to contact Lilian M.Byers(717)502- 6158,111 Mumper Lane,Dillsburg,PA 17019:not in service. IV.ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 07-16-13 we reviewed the National Address database and found the following information:Susan Ingram-14884 Bonnair Road,Glen Rock,PA 17327&L.William Grottola -112 Mumper Lane,Apartment 105,Dillsburg,PA 17019. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address:(Susan Ingram)14884 Bonnair Road,Glen Rock,PA 17327&(L.William Grottola)112 Mumper Lane,Apartment 105,Dillsburg,PA 17019. V.OTHER INQUIRIES A. DEATH RECORDS As of 07-16-13 Vital Records and all public databases have no death record on file for Susan Ingram&L.William Grottola. VI.ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Susan Ingram-1961 L.William Grottola-1947 B. A.K.A. Susan L.Ingram,Susan L.Kumler Louis L.Grottola,Louis W.Grottola Jr. *Our accessible databases have been checked and cross-referenced for the above named individual(s). *Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S.Sec.490 relating to unsworn falsification to authorities. V The above information is obtained from available public records and we are only liable for the cost of the affidavit. EXHIBIT "C '" F.E © Name and Phelan Hallinan,LLP o G rt N Address 1617 JFK Boulevard,Suite 1400V N o Of Sender One Penn Center Plaza Philadelphia,PA 19103 LXH 4% ^ I O a Line Article Number Name of Addressee,Street,and Post Office Address Posts e w to 1 **** L.WILLIAM GROTTOLA $0.45 ' o 892 HAWTHORNE AVENUE i O0 MECHANICSBURG,PA 17055-5729 a 2 **** L.WILLIAM GROTTOLA $0.45 N O O 112 MUMPER LANE APT B105 DILLSBURG,PA 17019-1352 3 **** $0.45 f --I RE: SUSAN INGRAM CUMBERLAND TEAM 4 ' 'PH#774010/1021 Page 1,of 1 1 $1.35 Total Number of Total Number of Pieces Postmaster,Per(Name of The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable Pieces Listed by Sender Received at Post Office Receiving Employee) for the reconstruction of nonnegotiable documents under Express Mail document.reconstruction insurance is$50,000 per piece subject to a limit of$500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is$500. The maximum indemnity payable is$25,000 for registered mail,sent with optional insurance.See Domestic Mail Manual... R900 5913 and 5921 for limitations of covers e. ***CONCURRENCE LETTER *** LXH s 774010 Phelan Hallinan, LLP 1617.JFK Boulevard, Suite 1400 •. One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568=7616 E-mail lily.hainey@phelanhallinan.com LILY HAINEY, Legal Assistant, Ext. 14011 Representing Lenders in Service Department Pennsylvania August 1, 2013 L.WILLIAM GROTTOLA Y 892 HAWTHORNE AVENUE MECHANICSBURG, PA 17055-5729 RE: NATIONSTAR MORTGAGE, LLC v. SUSAN INGRAM and L.WILLIAM GROTTOLA Premises Address: 892 HAWTHORNE AVENUE, MECHANICSBURG,PA 17055-5729 CUMBERLAND County,No. 1,1-8274 CIVIL,TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), 1 am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week,by August 8, 2013. Should you have any further questions or concerns,please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, LILY HAINEY,Legal Assistant for Phelan Hallinan,LLP 774010 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza `• Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.haina@ghelanhallinan.com LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania August 1, 2013 L.WILLIAM GROTTOLA 112 MUMPER LANE, APT B 105 DILLSBURG, PA 17019-1352 RE: NATIONSTAR MORTGAGE, LLC v. SUSAN INGRAM and L.WILLIAM GROTTOLA Premises Address: 892 HAWTHORNE AVENUE,MECHANICSBURG,PA 17055-5729 CUMBERLAND County,No. 11-8274 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy.of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please.respond to me within one week,by August 8, 2013. Should you have any further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, LILY HAINEY,Legal Assistant for Phelan Hallinan, LLP 774010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NATIONSTAR MORTGAGE, LLC CIVIL DIVISION Plaintiff 5 NO. 11-8274 CIVIL Rl V. .b 3 zz SUSAN INGRAM L.WILLIAM GROTTOLA -��' ° Defendants =o c� j ORDER ' ` i AND NOW,this Z$. day of �,,,r ,�d ti' , 2013,after � x congideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court,it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant L.WILLIAM GROTTOLA by: REGULAR MAIL TO L.WILLIAM GROTTOLA at 112 MUMPER LANE,APT B 105,DILLSBURG,PA 17019-1352 and 892 HAWTHORNE AVENUE,MECHANICSBURG, PA 17055- 5729 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO L.WILLIAM GROTTOLA at 112 MUMPER LANE,APT B105, DILLSBURG, PA 17019-1352 and 892 HAWTHORNE AVENUE,MECHANICSBURG,PA 17055- 5729 Service by mail is complete upon the date of mailing cJ POSTING 892 HAWTHORNS AVENUE, MECHANICSBURG, PA 17055-5729 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). Y THE COU J. PH# 774010 .1--e6HELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 SUSAN INGRAM, and L.WILLIAM GROTTOLA 892 HAWTHORNE AVENUE, MECHANICSBURG, PA 17055-5729 y I 1rtk. PR 0 HQN0 1Aj PHELAN HALLINAN, LLP 2313 DEC _9 AM 10: 06 Attorney for Plaintiff CUMBERLAND ����_� 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 • NATIONSTAR MORTGAGE, LLC CUMBERLAND COUNTY Plaintiff • COURT OF COMMON PLEAS vs. : CIVIL DIVISION SUSAN INGRAM • NO. 11-8274 CIVIL TERM • L.WILLIAM GROTTOLA 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 regular mail and certified mail,return receipt requested,to L.WILLIAM GROTTOLA on SEPTEMBER 9,2013in accordance with the Order of Court dated AUGUST 28, 2013. The property was posted on SEPTEMBER 11, 2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan Hallinan, LLP DATE: (a l S '/3 By: 41 . L.�.�.•,/ Litti Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NATIONSTAR MORTGAGE,LLC • CIVIL DIVISION Plaintiff NO. 11-8274 CI'Vn��o v. SUSAN INGRAM • L.WILLIAM GROTTOLA Zoo { Defendants > we -.r ORDER AND NOW,this ,2841N—day of Ai?"A f" ,2013,after consideration of Plaintiffs Motion for Service of Notice of Sale Pursuant to Special Order of Court,it is hereby: ORDERED that pursuant to Pa.R.C.P.430(a),service of the Notice of Sale is permitted on Defendant L.WILLIAM GROTTOLA by: ✓ REGULAR MAIL TO L.WILLIAM GROTTOLA at 112 MUMPER LANE,APT B105,DILLSBURG,PA 17019-1352 and 892 HAWTHORNE AVENUE,MECHANICSBURG,PA 17055- 5729 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO L.WILLIAM GROTTOLA at 112 MUMPER LANE,APT B105,DILLSBURG,PA 17019-1352 and _ -_.. _ - ---__-- -.. _ _ _8Q2 HAWTHORNE AVENUE, I_E-CHA TICSBiJI1:G,PA 17055- _ 5729 Service by mail is complete upon the date of mailing to POSTING 892 HAWTHORNE AVENUE,MECHANICSBURG, PA 17055-5729 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2(D). - BY THE COURT: �.g./ 1104 JD_ J. PH#774010 CC PHELAN HALLINAN,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 SUSAN INGRAM,and L.WILLIAM GROTTOLA 892 HAWTHORNE AVENUE,MECHANICSBURG,PA 17055-5729 b!• -�s —,Yaa�!»;, .. �.: _ _:a. r _ _ _ - o ). Cli af0 O r" b--i CD i o y a • t . , ' = • z o O C * * * * * * * * CD n * - * * * _* b 0 b O 1 • i i r ii r biz cr m � y � y ° td 0 n n R fi' '' r G'� tr1 w tll O � rmt-∎ oYr c ( -s y 0 N �, N � 0 i ill t� -o t" �n CA t CA cn Imi So N a �+ "n I c ti H O co 2 O Po E... F-i 5. M-I n * 0 QQ N [D IlL . ' ` , U.S.POSTAGE>>R TNEY BOWES'ft r,,..... I .. ..1 51:Ilr..":* ' itilikly 1 . `� ZIP 19103 $ 002.40° .1:4 4' .• 0001381191SEP 09 2013 I 111 1101 11 _ 7178 2417 6099 0144 7663 LXH/774010 L.WILLIAM GROTTOLA 112 MUMPER LANE APT B105 DILLSBURG, PA 17019-1352 --fold here(regular) --fold here(6x9) --fold here(regular) 1111 1111111N 111 111111 7178 2417 6099 0144 7670 LXH/774010 L.WILLIAM GROTTOLA 892 HAWTHORNE AVENUE MECHANICSBURG, PA 17055-5729 --fold here(regular) --fold here(6x9) --fold here(regular) AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY NATIONSTAR MORTGAGE,LLC PH#774010 DEFENDANT SERVICE TEAM/spl SUSAN INGRAM COURT NO.:11-8274 CIVIL TERM L.WILLIAM GROTTOLA SERVE L.WILLIAM GROTTOLA AT: TYPE OF ACTION 892 HAWTHORNE AVENUE XX Notice of Sheriff's Sale MECHANICSBURG,PA 17055-5729 SALE DATE:12/04/2013 ****PLEASE POST THE PROPERTY*** **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED � Served and made known to_L.WILLIAM GROTTOLA,Defendant on the IL._day of 9 ''""" 0(3,at / 2 ,o'clock 42.M., at 892 HAWTHORNE AVENUE, MECHANICSBURG, PA 17055-5729, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. XX Other: POSTED THE PROPERTY Description: Age Height Weight Race Sex Other I,t\`'61 + Ve10-31 ,a competent adult,hereby verify that I personally posted the property with a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S, Sec. 4904 relating to unworn falsification to authorities. DATE: NAME: kt°L\_ PRINTED NAME: ilke*j TITLE: NOT SERVED On the day of ,20 at o'clock M.,I, ,a competent adult hereby state that Defendant NOT FOUND because: Vacant J 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 3095I9 Melissa J.Cantwell,Esq.,Id.No.308912 SIDNEY H. MILLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. G. PATRICK O'CONNOR NO. 2011-8408 CIVIL TERM DEFENDANT -70 T rri CC M r=+ >c-i c) IN RE: THE PLANTIFF KINDLY REQUESTS THE COURT TO HONOR PARAGRAPH 2 OF ORDER OF COURT DATED NOV. 12, 2013 SO HE CAN PAY COUNTY TAXES AND OTHER EXPENSES WHILE CASE IS BEING REVIEWED BY THE SUPREME COURT Ile if SIDN " H. MILLER 850 E. LOUTH E R ST. CARLISLE PA 17013 • -SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ° Chief Deputy _ n FE 28 A J k i Richard W Stewart q CUMBEf`,LANID L' j!!N I I' Solicitor OFFICE OF THE$`»RIFF PENNSYLVANIA Nationstar Mortgage LLC vs. Case Number Susan Ingram (et al.) 2011-8274 SHERIFF'S RETURN OF SERVICE 06/24/2013 05:36 PM - Deputy Jason Kinsler, 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 892 Hawthorne Avenue, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County. 08/26/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/4/2013 12/04/2013 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, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at 10:00 AM. He sold the same for the sum of$1.00 to Attorney Joseph Schalk, on behalf of Federal Home Loan Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $842.01 SO ANSWERS, February 06, 2014 RONW R ANDERSON, SHERIFF a-as tow. ounly&rte Shl fi.Teie—oft.Ino. On April 22, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 892 Hawthorne Avenue, Mechanicsburg, Exhibit "A" filed with this writ (nd by this reference incorporated herein. `bate: April 22, 2013 By: Real Estate Coordinator LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2011-8274 Civil Term Nationstar Mortgage LLC VS. SUSAN INGRAM, L.William Grottola Atty.:Joseph Schalk By virtue of a Writ of Execution No. 11-8274 CIVIL TERM, NATION- STAR MORTGAGE, LLC v. SUSAN INGRAM, L.WILLIAM GROTTOLA owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN,CUM- BERLAND County, Pennsylvania, being 892 HAWTHORNE AVENUE, MECHANICSBURG,PA 17055-5729. Parcel No.42-30-2108-276. Improvements thereon:RESIDEN- TIAL DWELLING. Judgment Amount:$269,834.84. 64 _ .�. 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: July 26, August 2 and August 9, 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. Lisa Marie Coyne, f ditor SWORN TO AND SUBSCRIBED before me this da of August, 2013 ) d,- -1 Notary NOTARIAL SEAL DE13 RAH A COLLINS Notary Public CARLISLE BOROUGH,CUM3ERLAND COUNTY my Commission Expires Apr 28,2014 T The Patriot-News Co. • s--� ,1900 Patriot Drive Zhe a rlo ews Mechanicsburg, PA 17050 Inquiries - 717-255-8213 Now you know 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 Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller 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 1900 Patriot Drive, 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 he 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 he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: 2011.8274 Chill Term NatlonstW Mortgov LLC 07/28/13 sUS/w VS. 08/04/13 L.WWhMn GrOttOls 08/11/13 qtly; Joseph Schalk . By virtue of a Writ of Execution No.11-8274 . . . . . . . . . . . . . . . . . . . . . . . . . cwm TERM NATIONSTAR MORTGAGF, LC V. Swor to an subscribe fore me t is 22 day of August, 2013 A.D. SUSAN INGMM L W111JAM GROTTOIA mmer(s) of property .situate in the TOWNSHIP OF UPPER AUJEN, QJ CUMBERLAND Canty,pm*mi,6 being P c 892 HAWTHORNE AVENUE, MECFIANICSBURG,PA 17055-5729 Parcel No.42-30-2108-276 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount$269,834.84 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel,Notary Public Washington Twp Dauphin County My Commission Expires Dec.12,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: 1, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mortgage Association is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the 18th day of April,A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 8274, at the suit of Nationstar Mortgage LLC against Susan Ingram and L. William Grottola is duly recorded as Instrument Number 201404225. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this Q�K day of F J_ , A.D. aW l Recorder of Deed, C mberland County,Carlisle,PA Recorder of Deeds MY Commissiov L,v. .•l,n,-' day of Jan,2018