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Home My WebLink About12-1420----- - KML LAW GROUP, P.C. SUITE 5000- BNY MELLON INDEPENDENCE CENTER 1 V 701 MARKET STREET ParLADELPHIA, PA 19106 AJJ 0: (866) 413-2311 L } BANK OF AMERICA, N.A. 7105 Corporate Drive PYX B-209 Piano, TX 75024 PF 1141,]'S YLVANIA Plaintiff vs. TIMOTHY TRAYER Mortgagor(s) and Record Owner(s) 1 10 April Drive Camp Hill, PA 17011 Defendant(s) CIVIL ACTIONto b l a-? N d o 6vi I FORpri r? MORTGAGE Sllh F 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 the 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 claim in the Complaint of 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 OR CANNOT AFFORD ONE, 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dial de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. ST NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. a s o.?.-7:S Pd ai? rzt?ol-l l ? /S' OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE --------- - .---- ---------- . - ---- -_..?- ------ 1 S[ LISTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WELL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. RESOURCES AVAILABLE FOR HOMEOWNERS IN FORECLOSURE ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PIIFA website http://wwwphfa_or&consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http://www.philadelphiafed.orp-/foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866413-2311 or via email at homeretentionnkpDawgroup.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 11074417C. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is BANK OF AMERICA, N.A., 7105 Corporate Drive, PTX B-209, Plano, TX 75024. 2. The name(s) and address(es) of the Defendant(s) is/are TIMOTHY TRAYER, 110 April Drive, Camp Hill, PA 17011, who is/are the mortgagor(s) and record owner(s) of the mortgaged premises hereinafter described. On June 22, 2007 mortgagor(s) made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR COUNTRYWIDE HOME LOANS, INC. DBA AMERICA'S WHOLESALE LENDER, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County on July 02, 2007 as BOOK 1998 PAGE 818. The mortgage has been assigned to: BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME, LOANS SERVICING, LP by assignment of Mortgage recorded on June 27, 2011 as INSTRUMENT 201 1 1 7927. The Mortgage and Assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for March 01, 2010 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6_ The following amounts are due to Plaintiff on the Mortgage: Principal Balance ..................................................................................$100,687.16 Interest from 02/01/2010 through 01/11/2012 at 9.400% ....................... $18,400.34 Per Diem interest rate at $25.85 Late Charges from 03/01/2010 to 01/11/2012 .............................................$606.90 Uncollected late charges ........................................... ..................................$86.70 Escrow ...................... •.................................................................... •.........$8,406.88 Property inspections ....................................•................................................$645.00 Returned payment fee ....................................................................................$20.00 Escrow adjustment ..................................................................................... ($278.43) Suspense balance ..................................................................................•.... ($500.00) Reasonable Attorney's Fee .......................................................................$1.450.00 $129,524.55 7. If the Mortgage is reinstated prior to a Sheriffs Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. Plaintiff reserves the right to request additional attorney's fees if the complexity of the action results in fees in excess of the amount demanded. Further, Plaintiff will request recovery of all costs incurred in this action including, but not limited to, costs of suit, process serving and skip tracing, title searches, recording costs and any other costs of the action in accordance with the mortgage documents and applicable law. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose has been sent to Defendants by certified mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania, on the date set forth in the true and correct copy of such Notice attached and incorporated as Exhibit "B". WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $129,524.55, together with interest at the rate of $25.85, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Note and Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: K A ROUP, P. (Y Michael McKeever Pa. ID 56129 /Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Ann E. Swartz Pa. ID 201926 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff VERIFICATION hereby states that he she is Azs6 f U, c e- PRI es i den t- of Bank of America, N.A., successor by merger to BAC Home Loans Servicing L.P., Plaintiff in this matter, that h she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hi 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 unswom falsification to authorities. Date: d 3 c? C? / 01 Name: rn ` i c e,.y -???? a!! 1L? Title: ?¢1 N `C 6 F Tar r i c 6_ N•# 4110744FC - TIMOTHY TRAYER 110 April Drive Camp Hill, PA 17011 ?(zi6it A r, LEGAL 0IE3CRRTION {atbe t'*mP f ' ALL that =taia p- orparaL of bu4WVW' -rowm*ip}, Cumbalmd CatiK t, PaaotylvDA* sao? ply bo m&d ad thsaW six fOMWS, wit: X34 at s pant on the waftom side ofAptil Drive V&i Ott * 4 Sat m OfLaw tim Lend 5. S ,&' b', arc the sec epaat+topod p a'&mameetiow?d 6pt?3 Dive 8[x??raevmaad scv?tatY-fattc ? (67.7at) #aet m s pout ac site s5n lma ofl ots No. 3 and 4; > 5anh 71° 15' wort daps asiddivision rMo aoe low sua taQ (11 m a point, tiMatoe North 184 45' Wax a dietm- of Achfvawn mad iaYMW-*w bgadMdIU (67.7+1 a row nt oo &vWu lWp o1=lAts NoL 4 and 5i ? NoA 71' 15' BW afore said division 1ine.a btyadtcd snd we (110) ice[ to a point, &c FLAN OF BFCMQM4FG- Yard to # M-22-11531-W5 flrt # to EX.,hibit ? Mchibit has been redacted to remove all personally identifiable information or non-public information SAC HOME LOANS SERVICING LP 7105 Corporate Drive, PT X B-35 Plano, 7X 75024-3632 Phone Number. 804669-6650 Fax Number. 1-817-230-6811 ContacL- Lass Mitigation Department Emad: PHFAPYoaram0_)banko(america.corrr 01/132012 Certiffed Mail No. PROPERTY. hl Drive, Camp W, 17011 LOAN NO.: 687 MORTGAGEE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC_, AS NOMINEE FOR COUVTRYW/DE HOME LOANS, INC. DBA AMERICA'S WFIOLESALE LENDER CURRENT L WDER/SERVICER: BANK OF AMERICA, N.A TO: TIMOTHY TRAYER 110 April Drive Camp Hill, PA 17011 VILE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION -- OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE - NOTICE OF INTENTION TO FORECLOSE MORTGAGE under Section 403 of Penns Act No. 6 of 1974 (READ ALL PAGES OF THIS NOTICE CAREFULLY) The MORTGAGE held by the above named CURRENT LFNDER/SERVICER (hereinafter referred to as we, us, or ours) is the holder of the first mortgage on your property described above. The mortgage is in SERIOUS DEFAULT because you have not made the monthly payments as noted below under (a) andobr because you have faded to comply with or perform the other provisions of the mortgage obligation, if any, as noted below under (d). Pre vious fate charges under (b) and other charges, if any under (c) noted below, have also accrued to this date. THE TOTAL AMOUNT NOW REQUIRED TO CURE THIS DEFAULT, OR IN 07-HER WORDS, GET CAUGHT UP IN YOUR PAYMENTS AS OF THE DATE OF THIS LETTER, IS N07-ED BELOW UNDER (e). (a) Morn hty payment from 03/01/2010 thru 01/13/2012 (21 mos. at $1,50233/month) $31,548 93 (2 mos_ at 1;1,088 5til Tmfh) SZ 177.16 (b) Uncoffected Late charges from 031012010 thru 01113x2012• $693.60 (c) AdMonal Charges Propeo Inspection Fees $645.00 NSF Fees: $20.00 (dj Other provisions of the mortgage oblfgatiorr, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE 535,084.69 You may cure this default within 774IRTY (30) DAYS of this letter by paying to us the amount under (e) above, plus any additional monthly payments and late charges (and other charges) WHICH MAY FALL DUE DURING THIS PERIOD. Such payment must be made e&w by CASH, CASHIERS CHECK, CERTIFIED CHECK OR MONEY ORDER made payable to- I -------- -- ----- - ----- ----- - - - BAC HOME LOANS SERVICING LP Attention: Act Letter Department BAC HOME LOANS SERVICING LP c!o KML Law Gawp, P.C. 701 Madcet Stree( Suite 5000, Philadelphia, PA 19106 HomeRetenfionCaDl Wimmmuaoom (866413-2311) If you do not cure the default with THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments This means that whatever is owing on the original amount bomwed wX be considered due knmediately, and you rr?ay lose the dance to pay off the original mortgage in monthly instafir ends. if full payment of the amount of default is not made within THIRTY (30) DAYS, we also attend to instruct our attorneys to start a lawsu+T to lbreCkW your mortgaged property. if the mortgage is foreclosed, your mortgaged property will be sold by the Shenk to pay off the mortgage debt if we refer your case to our attorneys, but you cure the default before they begin Iegaiproceedings against you you wlll stilt have to pay the reasonable attorney's fees actually incurred up to 350.00. However, if legal proceedings are started against you you wr71 have to pay the reasonable attorney's fees even Ir they are over $5000. Any attorney's fees" be added to whatever you owe us, which may also Include our reasonable costs. H you cure the default within the thirty day period, you wilt not be required to pay attorney's fees. Also, we may sue you personalty for the unpaid principal balance, and aN other sums due under the mortgage if you have not cured the default within the thirty day period, and foreclosure proceedings have begun, you will stiN have the right to mm the default and prevent the sale at any fire up to one hour before the Sheriffs foreclosure sale, You may do so by paying the total amount of the unpaid monthly payments plus any late charges, charges then due, as well as the reasonable attorneys fees and costs connected with the foreclosure sale (and perform any other mqui rernents under the mortgage). It is estimated that the earliest date that such Sheriffs Sale could be held would be approximately THREE (3) MONTHS FROM THE DATE OF THIS LETTER A notice of the date of Sher#Fs Safe wig be sent to you before the sale. Of course, the amount needed to cure the default will increase the iongeryou wait You may fund out at any fire exactly what the required payment wrN be by calling us at the foNowing number. 1-800-669-6650. This payment must be in cash, cashier's che* certified check ormoney order and made payable to us at the address stated above. You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to lire in the property after the Sheriffs Sale, a lawsuit could be started to evict you, You have additional rights to help prded yourinterest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT, OR BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES, AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO, OR AT THE SALE AND THAT OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED, CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST.) YOU HA VE THE RIGHT TO HAVE THIS DEFAULT CURED BYANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the detain(; the motgage w0f be restored to the same position as if no default had occurred, However, you are nor entitled to this right to cure your default more than three times in any calendar year. Contact, Loss Mitigation Department Phone Number. 1-800-669-6650 Emaf - PHFA-Prrr7ram5bankofamer7ca.oomr CERTIFIED MAIL - RETURN RECEIPT REQUESTED P-pared by: KML Law Group, P. C. Sw7c MW - BNY mndgvendenoe Center 701 Market stree{ PhffiadeWuEk PA 191064532 Fax (215) 627-7734 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ??,?i•,titr of +!?>>,nf,?,?,????? 'OF' 'r. . 2011 1,' F,; _ F!: I -: I 1 FN4SYL'M1AIA Bank of America, NA vs. Case Number Timothy Trayer 2012-1420 SHERIFF'S RETURN OF SERVICE 03/19/2012 03:32 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on March 19, 2012 at 1532 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Timothy Trayer, by making known unto himself personally, at 110 April Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. , Amn W'L (- , AMANDA COBAUGH, DEPLkTJY SHERIFF COST: $43.00 March 21, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF KML LAW GROUP, P.C. . : Suite 5000—BNY Mellon Independence Center ; . ', ROT TNQN U T3; ;,k• 701 Market Street 213 oEC 1 2 f �f 1: 2 7 Philadelphia, PA 19106-1532 215-627-1322 CUMBER , NSY�.VAMIA BANK OF AMERICA,N.A. 7105 Corporate Drive IN THE COURT OF COMMON PLEAS PTX B-209 Plano, TX 75024 OF CUMBERLAND COUNTY Plaintiff vs. TIMOTHY TRAYER No. 2012-1420 (Mortgagor(s) and Record owner(s)) 110 April Drive Camp Hill, PA 17011 Defendant(s) PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended without prejudice upon payment of your costs only. KML LAW GROUP,P.C. F/K/A GOLDBECK McCAFFERTY&McKEEVER By: k ! , Michael McKeever Pa.� � -:6129 Jay E.Kivitz Pa.ID 2. 6' Lisa Lee Pa. ID 78020 Thomas Puleo Pa. ID 27615 David Fein Pa.ID 82628 Jill P.Jenkins Pa. ID 306588 Alyk L. Oflazian Pa.ID 312912 Salvatore Filippello,Attorney ID 313897 Attorneys for Plaintiff KML LAW GROUP, P.C. Suite 5000—BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106 (215) 627-1322 Attorney for Plaintiff BANK OF AMERICA,N.A. Plaintiff IN THE COURT OF COMMON vs. PLEAS OF CUMBERLAND COUNTY TIMOTHY TRAYER (Mortgagor(s) and Record Owner(s)) CIVIL ACTION - LAW Defendant(s) ACTION OF MORTGAGE FORECLOSURE No. 2012-1420 CERTIFICATE OF SERVICE Angela M. Smith, hereby certifies that he/she did serve true and correct copies of Praecipe to Discontinue and End and all supporting papers attached hereto upon Defendant,by first class mail, postage pre-paid, on Jo? — // — 11 TIMOTHY TRAYER 110 April Drive Camp Hill, PA 17011 KML LAW GROUP,P.C. F/K/A GOLD t ECK McCAFFERT & McKEEVER By: AU, / A°1111// Ang aka M. Smith, Legal Assistant asmith @kmllawgroup.com 215-825-6325 (Direct Phone)