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HomeMy WebLinkAbout12-1711{l- F RC MONOTAF f ;1 22 MAR 19 AM 9: 4 4 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP Joseph P. Schalk, Esq., Id. No.91656 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 218586 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-33CB 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. AMY L. OROZCO 6 SOUDER COURT MECHANICSBURG, PA 17050 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ao1a-1711 l vwl CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 218586 6) a n4-+' i?g.7s pd cry 2 ? a? as4y 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 #: 218586 1. Plaintiff is THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-33CB 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name and last known address of the Defendant are: AMY L. OROZCO 6 SOUDER COURT MECHANICSBURG, PA 17050 who is the mortgagor and/or real owner of the property hereinafter described. 3. On 08/31/2006 AMY L. OROZCO made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book 1965, Page 1791. By Assignment of Mortgage recorded 11/18/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded at Assignment of Mortgage Instrument No. 200938714. 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 06/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified File #: 218586 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage as of 08/12/2011: Principal Balance $399,856.06 Interest $59,262.31 05/01/2009 through 08/12/2011 Late Charges $2,108.64 Property Inspections $225.00 Escrow Deficit $1,966.55 Subtotal $463,418.56 Escrow Credit ($1,401.21) TOTAL $462,017.35 7. 8. 9 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has 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 on the date set forth thereon. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File #: 218586 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant in the sum of $462,017.35, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP I Schalk, Esquire for Plaintiff File #: 218586 LEGAL DESCRIPTION ALL that certain lot of unimproved land situated in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern dedicated right-of-way line of Souder Court at the dividing line between Lots Nos. 13 and 12 as shown on the hereinafter mentioned plan of lots; thence along said dividing line between Lots Nos. 13 and 12, North 2 degrees 46 minutes East, a distance of 505.02 feet to a point at lands now or formerly of Milton E. Humer; thence along said latter lands the following two courses and distances: (a) South 85 degrees 22 minutes 45 seconds East, a distance of 141.45 feet to a point; and (b) South 41 minutes East, a distance of 501.36 feet to a point on the dedicated right-of-way line of the cul-de-sac end of Souder Court; thence along said dedicated right-of-way line, the following three courses and distances: (a) on a curve to the left having a radius of 50 feet, an arc distance of 142.59 feet to a point; (b) on a curve to the right having a radius of 20 feet, an arc distance of 25.62 feet to a monument; and (c) North 87 degrees 14 minutes West, a distance of 54.46 feet to a point on the northern dedicated right-of-way line of Souder Court to a point at the dividing line between Lots Nos. 13 and 12 as shown on the hereinafter mentioned plan of lots, the place of beginning. BEING Lot No. 13 as shown on a certain plan of lots entitled'Final Subdivision of Enchanted Hills' as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 76, Page 37. File #: 218586 THE ABOVE DESCRIBED REAL ESTATE is the same real estate which Greater Keystone Properties, Inc., a Pennsylvania business corporation, by its deed dated May 31, 2005 and recorded June 6, 2005 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 269, Page 1157, conveyed to Joseph Katkocin, Grantor herein. The above described lot is conveyed UNDER AND SUBJECT, nevertheless, to: (1) The building set-back lines and utility easements and drainage easements, if any, as more fully shown, located and defined on the above mentioned plan of lots; (2) The applicable restrictions, covenants and conditions as more fully set forth on the above mentioned plan of lots, (3) The easements and rights-of-way heretofore granted to public utility companies for the use of providing utility services to the subdivision shown on the above described plan of lots; and (4) The restrictions, conditions and covenants as more fully set forth in a certain Amended Declaration of Covenants and Restrictions dated January 15, 1999 and recorded in the recorder's Office aforesaid in Miscellaneous Record Book Volume 601, Page 770. PROPERTY ADDRESS: 6 SOUDER COURT, MECHANICSBURG, PA 17050-1564 PARCEL # 38-13-0985-119 File #: 218586 VERIFICATION (?`e ill (t?+ , 1I4f hereby states that he Ps ? BANK OF AMERICA, N.A., servicing agent for Plaintiff in this matter, that h she ' 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 ' ormation 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: File#: 218586 Name: OROZCO Name: Title: BANK OF AMERICA, N.A. File #: 218586 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor +?Ap_5PFD4: rU 6 ?trs7)t?,' The Bank of New York Mellon vs. Amy L. Orozco Case Number 2012-1711 SHERIFF'S RETURN OF SERVICE 03/27/2012 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: Amy L. Orozco, 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 Amy L. Orozco. Request for service at 6 Souder Court, Mechanicsburg, Pennsylvania 17050 the Defendant was not found. Deputies were advised, Amy L. Orozco is thought to be residing in Florida. 04/02/2012 11:17 AM - William Cline, Corporal, who being duly sworn according to law, states that on April 2, 2012 at 1117 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Occupant of 6 Souder Court, Mechanicsburg, Pennsylvania 17050, by making known unto Tina Martinez, adult in charge at 6 Souder Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the s * rue and correct copy of the same. WILLIAM CLINE, DEPUTY SHERIFF COST: $59.00 April 04, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF 9, -'*' J11 _. hEi!i' PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No. 308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006- 33CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-33CB Plaintiff AMY L. OROZCO VS. Defendants U " j r 1? U 41 , i F 1,4,4 ? ? , '`PLEAS COURT OF C CIVIL DIVISION : CUMBERLAND COUNTY No. 12-1711-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. NAN & SCHMIEG, LLP PHUr? h ael Kolesnik, Esq., Id. No. 308877 By: xtto Mic ney y for Plaintiff Date: June 6, 2012 JMK/knm, Svc Dept. File# 218586 Qni+?ll.7$pd al? Ck? U QIeSS? PLAINTIFF THE BANK OF NEW YORK MELLON FKA THE BANK (F NEW YORK, AS TRUSTEE FORZHE CVRTIFICATEHOLDER GWALT, INC., ALTERNATIVE LOAN TRUST 2006-33CB. MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006- 33CB DEFENDANT AMY L. OROZCO SERVE AMY L. OROZCO AT: 8168 VIA BF1 LA NOTTE ()"(j n A c , FL 32836 PHS#218586 alt- HE PROT ONOTAW: 1(112 JUL 19 SERVICE TEAM/ hze COURT NO.: 12-1711-CIVIL CUM'SERLAI TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action SER' JEIt Served and made known to AMY L. OROZCO , Defendant on the ,;?Tday of j tt re- , 20 at it G , o'clock A. M., at J'/GgFKA l 14 NJ7* in the manner described below: Defendant personally served. v,l?d_ult family member with whom Defendant(s) reside(s,. Relationship is ?. _ Adult in charge of Defe dant's residence who refused to give: name or relationship. - Manager/Clerk of place of lodging in which Defendant(:) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's compa ny. _ Other: Height Weight 1?S _ Face ) Sex Other Description: Age 3 k- I, Ua W iQ, Aptw_,K a competent adult, being du13 sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complai it in the manner as set forth herein, issued in the captioned cm case on the date and at the address indicated above. N C N g R Sworn to and subscribed before me this o2O day la o of _?tt&_ 20/.? g z ?ui%1? J RSeN k t2omA S U z x Notar By: `- --CA2- I *=: i T S:ER M LU ° On the y , 20_, at _ o'clock _, M., Defendant NOT FOUND because: m 4_1? Va cant Does Not Exist Moved Does Not Reside (Not Vacant) No Answer on at at * Service Refused Other: Sworn to and subscribed before me this day of 20_. By: Notary: -- ATTORNEY FORPLAIN'IFF Chrisovalante P. Fliakos, Esq., Id. No. 94620 Lawrence T. Phelan, Esq., Id No. 32227 Courtenay R. Dunn, Esq., Id. No. 206779 Francis S. Hallinan, Esq., Id. No. 62695 Allison F. Wells, Esq., Id. No. 309519 Daniel G. Schmieg, Esq., Id. No. 62205 Melissa J. Cantwell, Esq., Id. No. 308912 Michele M. Bradford, Esq., U. No. 69849 Mario J. Hanyon, Esq., Id. No. 203993 Judith T. Romano, Esq., Id. No. 58745 Andrew J. Marley, Esq., Id. No. 312314 Jenine R. Davey, Esq., Id. No. 87077 Robert W. Cusick, Esq., Id. No. 80193 Lauren R. Tabas, Esq., Id. No. 93337 John M. Kolesnik, Esq., Id. No. 308877 Jay B. Jones, Esq., Id. No. 8(657 Matthew G. Brushwood, Esq., Id. No. 310592 Andrew L. Spivack, Esq., Id. No. 84439 Dana B. Ostrovsky, Esq., Id. No. 83921 Zachary J. Jones, Esq., Id. No. 310721 One Penn Center at Suburban Station AFFIDAVIT OF SERVICE CUMBERLAND COUNTY 9: 54 iCOUNTY iANIA PHELAN HALLINAN, LLP Attorney for Plaintiff nt; One Penn Center Plaza �� ja 10: 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 r' �,��, �11U T Y Jonathan.Lobb @phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR CUMBERLAND COUNTY THE CERTIFICATEHOLDERS CWALT, INC., COURT OF COMMON PLEAS ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES, CIVIL DIVISION SERIES 2006-33CB NO. 12-1711-CIVIL Plaintiff V. AMY L. OROZCO Defendant 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, AMY L. OROZCO, by certified mail and regular mail to AMY L. OROZCO at 8168 VIA BELLA NOTTE, ORLANDO, FL 32836-7704 and 6 SOUDER COURT, MECHANICSBURG, PA 17050-1564 and posting 6 SOUDER COURT, MECHANICSBURG, PA 17050-1564 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 June 5, 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, AMY L. OROZCO, with the Notice of Sale at the mortgaged premises, 6 SOURER COURT, MECHANICSBURG, PA 17050- 1564, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". No service was made as the Defendant does not reside at the mortgaged premises. 4. Attempts to serve Defendant, AMY L. OROZCO, with the Notice of Sale at 8168 VIA BELLA NOTTE, ORLANDO,FL 32836-7704,have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". No service was made as the Defendant does not reside at the said address. 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 March 18, 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 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs letter 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, AMY L. OROZCO, 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 AMY L. OROZCO at 8168 VIA BELLA NOTTE, ORLANDO, FL 32836-7704 and 6 SOUDER COURT, MECHANICSBURG, PA 17050-1564 and posting 6 SOUDER COURT, MECHANICSBURG, PA 17050-1564 and by publication. Phelan Hallinan, LLP DATE: By. a Jo an Lobb, sq., Id. No.312174 A orney for Plaintiff PHELAN HALLINAN,LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard,Suite 1400 Philadelphia, PA 19103 Jonathan.Lobb*phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR CUMBERLAND COUNTY THE CERTIFICATEHOLDERS CWALT, INC., COURT OF COMMON PLEAS ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES, CIVIL DIVISION SERIES 2006-33CB NO. 12-1711-CIVIL Plaintiff V. AMY L. OROZCO Defendant 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, AMY L. OROZCO, 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 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 AMY L. OROZCO at 8168 VIA BELLA NOTTE, ORLANDO, FL 32836-7704 and 6 SOUDER COURT, MECHANICSBURG, PA 17050-1564 and posting 6 SOUDER COURT, MECHANICSBURG, PA 17050-1564 and by publication pursuant to PA.R.C.P. 3129.2. Phelan Hallinan, LLP DATE: 1 By. J a�Lo , Esq., d. No.312174 orney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan.Lobb @phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON FKA : THE BANK OF NEW YORK, AS TRUSTEE FOR CUMBERLAND COUNTY THE CERTIFICATEHOLDERS CWALT, INC., COURT OF COMMON PLEAS ALTERNATIVE LOAN TRUST 2006-33CB, : MORTGAGE PASS-THROUGH CERTIFICATES, CIVIL DIVISION SERIES 2006-33CB NO. 12-1711-CIVIL Plaintiff V. AMY L. OROZCO Defendant CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice 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. AMY L. OROZCO 8168 VIA BELLA NOTTE ORLANDO, FL 32836-7704 AMY L. OROZCO 6 SOUDER COURT MECHANICSBURG, PA 17050-1564 Phelan Hallinan, LLP DATE: __--,�"t-`��� By: _ J than Lobb, Esq , Id. No.312174 ttorney for Plaintiff AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE CERIIFICATEHOLDERS PHS#218586 CWALT,INC.,ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS471ROUGH CERTIFICATES,SERIES 2006. 33CB DEFENDANT SS' VICE M"lxhxh . AMY L.OROLCO COURT NO.:12.1711-CIVIL SERVE AMY L.OROZCb AT: TYPE OF ACTION 6 SOUDER COURT XX Notice of Sheriffs Sale MECHANICSBURG,PA 17050-1564 SALE DATE: June 5,2013 SERVED Served and made known to AMY L.OROZCO,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 1, a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec.4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: { TITLE: On the 1 day ot f ,20�,at state th tdan :/S o'clock .M„I, a competent adult hereby ldQi'P ause: —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 authorities. PRINTED NAME: A;3& " 'E GOU AIWA EYFORPLaRM Phelan Hailinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 RLcog ffyeI C.hec4 Lls If Service Is Made: Spouses Names if Applicable Wife; Husband: Divorced: Yes ( } No .0,...r «...�.� �a.�..�.. .a+:.)Fr' -W: +KY ..yR:'^.J.y:�i�+xn!,.'q,.."n.Y .�.'n!t•lt:`.n T s�. .r.r No.Service Made 1 . Vacant : Yes { ) No 2 . Is there a name on the mailbox? Is it the defendants? i 3 . Neighbor Contact : Yes ( `X) No Left Side; Right Side :, 4 . For Sale Sign: Yes ( ) No Realtor Name : o Company Name . Phone Number 5 . Car in Drive Way Yes ( } No {: Plate Number: f fj T— Se) .D F�"rS AA VE-O —TO F CY� PLAINTIFF AFFIDAVIT OF SERVICE THE BANK OF NEW YORK ME,LLON FKA THE BANK OF NEW CUMBERLAND COUNTY YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS PHS#218586 CWALT,INC.,ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2006- 33CB DEFENDANT SERVICE TEAM/Ixh AMY L.OROZCO COURT NO.:12-1711-CIVIL SERVE AMY L.OROZCO AT: TYPE OF ACTION 8168 VIA BELLA NO'ITE XX Notice of Sheriffs Sale ORLANDO,FL 32836-7704 SALE DATE: June 5,2013 SERVED Served and made known.to AMYL.OROZCO,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,being duly sworn according to law,depose and state 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. Sworn to and subscribed before me this_ day of____ _,20_ Notary: By: NOT SERVED On the CZ\ da of Fe"o 2C)i',at F o'cicu:lt�`._.1�1.,I, 16x+1^ f l � t ,-a competent adult hereby mate thatZiTenyat Nim-MUND-t laic. _Vacant ®Does Not Exist _Moved /Does Not Reside(Not Vacant) _No Answer on at at _Service Refused Other: Sworn tta and 36,1%e bef 111c this ay of By Notary; ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP SONDRA SAWYER 1617 7FK Boulevard,Suite 1400 One Penn Center Plaza Notary Public State of Florida Philadel ph PA 19103 My Comm.Expires Sep 4,2016 P Commission#EE 832303 (215)563-7000 wry '^ AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 218586 Attorney Firm: Phelan,Hallinan &Schmieg,LLP Subject: Amy L. Orozco Property Address: 6 Souder Court,Mechanicsburg, PA 17050 Possible Mailing Address: 8168 Via Bella Notte,Orlando, FL 32836 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Amy L. Orozco-xxx-xx-5551 B. EMPLOYMENT SEARCH Amy L. Orozco-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Amy L. Orozco reside(s) at:8168 Via Bella Notte,Orlando,FL 32836. II. I_NQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which had no listing for Amy L.Orozco. B. On 03-14-13 our office made a telephone call to a possible phone number of the subject(s) (717) 796-1016 and received the following information:not in service. III. INQUIRY OF NEIGHBORS On 03-14-13 our office made several phone calls in an attempt to contact Kesha V. Maury (717) 620-8542,4 Souder Court,Mechanicsburg, PA 17050: no answer. On 03-14-13 our office made several phone calls in an attempt to contact Luis V. Cracasso (407)423-3124,8156 Via Bella Notte,Orlando, FL 32836: answering machine. On 03-14-13 our office made a phone call in an attempt to contact Nvligdalia Hernandez (407) 668-4213,8218 Via Bella Notte,Orlando, FL 32836: spoke with an unidentified female who could not confirm that the subject reside(s) at 8168 Via Bella Notte,Orlando,FL 32836. On 03-14-13 our office made several phone calls in an attempt to contact Anthony Portigliatti (407) 237-0835,8230 Via Bella Notte,Orlando, FL 32836: no answer. Using our white pages database our office was unable to locate any additional neighbors for 6 Souder Court,Mechanicsburg, PA 17050. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 03-14-13 we reviewed the National Address database and found the following information:Amy L. Orozco-8168 Via Bella Notte,Orlando,FL 32836, B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address:8168 Via Bella Notte,Orlando,FL 32836. V. OTHER INQUIRIES A. DEATH RECORDS As of 03-14-13 Vital Records and all public databases have no death record on file for Amy L. Orozco. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Amy L. Orozco-1974 B. A.K.A. Amy Lynn Orozco;Amy L. Borneisen-Orozco *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.4904 relating to unsworn falsification to uklt"orit`��c�s` The above information is obtained from available public records and we are only liable for the cost of the affidavit. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF'NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR CIVIL DIVISION THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-33CB, NO. 12-1711-CIVIL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-33CB —A Plaintiff M rn = iz: (In V. _e)I- CTN psi p!- AMY L. OROZCO Defendant ORDER AND NOW, this day of.._.. * &y&A_ 2013, after consideration of Plaintiff's Motion for Service of Notice of Sale Pu�pant 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 AMY L. OROZCO by: REGULAR MAIL TO AMY L. OROZCO at 8168 VIA BELLA NOTTE, ORLANDO, FL 32836-7704 and 6 SOLIDER COURT, MECHANICSBURG, PA 17050-1564 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO AMY L. OROZCO at 8168 VIA BELLA NOTTE, ORLANDO, FL 32836-7704 and 6 SOUDER COURT, MECHANICSBURG, PA 17050-1564 Service by mail is complete upon the date of mailing POSTING 6 SOLIDER COURT, MECHANICSBURG, PA 17050-1564 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY THE C UR Re ho 4- < 41 J. ,ellZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA THE BANK OF NEW YORK MELLON FKA • Court of Common Pleas THE BANK OF NEW YORK, AS TRUSTEE FOR : THE CERTIFICATEHOLDERS CWALT, INC., : Civil Division ALTERNATIVE LOAN TRUST 2006-33CB, • MORTGAGE PASS-THROUGH CERTIFICATES, : CUMBERLAND County SERIES 2006-33CB Plaintiff • No.: 12-1711-CIVIL v. AMY L. OROZCO Defendant RULE AND NOW, this '7l 6 day of w7 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T ' COURT � • ��J J. Gr 1^Jj // r' - i Ite/a16 Oa/�f.I(.it Q.it. '4 L (rc, cl 7 fl`.1 218586 ar Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON FKA Court of Common Pleas THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., Civil Division ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES, CUMBERLAND County SERIES 2006-33CB Plaintiff No.: 12-1711-CIVIL vs. AMY L. OROZCO Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 4, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. AMY L. OROZCO AMY L. OROZCO 1024 HIDDEN JEWEL LN 6 SOUDER COURT CZ WAKE FOREST,NC 27587-9182 MECHANICSBURG,PA 17050-lXg AMY L. OROZCO 8168 VIA BELLA NOTTE C-, ORLANDO, FL 32836-7704 -�'-, 4� -� Lr7 ? Phela llin LLP DATE: C ` �J By: V ornhan M. Etkowicz, Esq., Id.No.208786 ey for Plaintiff 218586 ca C7 4= . C � w PHELAN HALLINAN,LLP Attorney for Plaintiff r�*tW nt Adam H.Davis,Esq.,Id.No.203034 1617 JFK Boulevard,Suite 1400 85 , One Penn Center Plaza Philadelphia,PA 19103 D© . 215-563-7000 a_C:) ri IN THE COURT OF COMMON PLEAS D c OF CUMBERLAND COUNTY,PENNSYLVANIA THE BANK OF NEW YORK MELLON FKA THE CUMBERLAND COUNTY BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT,INC., COURT OF COMMON PLEAS ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES, CIVIL DIVISION SERIES 2006-33CB Plaintiff, No.: 12-1711-CIVIL V. AMY L.OROZCO Defendant(s) 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.2 3034 Attorney for Plaintiff Date: J j IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS#218586 ' Name and Phelan Hallinan,LLP Address 1617 JFK Boulevard,Suite 1400 Of Sender One Penn Center Plaza c Philadelphia,PA 19103 AZK/CNM-06705/2013 SALE Line Article Number blame of Addressee,Street,and Post Office Address Postage 3 1 *««* TENANT/OCCUPANT $0.44 6 SOUDER COURT MECHANICSBURG PA,17050-1564 ° 2 "*«« America's Wholesale Lender $0.44 4500 PARK GRANADA ► way CALABASAS CA 91302 o L1 Zi 3 *••« America's Wholesale Lender SO.44 MS SV-79 DOCUMENT PROCESSING ♦ •0 PO BOX 10423 v CD s VAN NUYS CA 91410 t 4 •*** America's Wholesale Lender C/O CHRISTINE A.D'UVA 50.44 1210 NORTHBROOK DRIVE " (0 i SUITE 300 c TREVOSE PA 19053 5 ••** Bank of America,N.A. $0.44 1800 TAPO CANYON ROAD t Mail 1D#CA6-914-01 43 SIMI VALLEY CA 93063-6712 6 «*•* Commerce Bank/Harrisburg N.A. $0.44 COMMERCIAL MORTGAGE DEPARTMENT` 100 SENATE AVENUE CAMP HILL,PA 17011 _ 7 **"* Commerce Bank/Harrisburg N.A. $0.44 IRAN SERVICING 4 LEMOYNE DRIVE,SUITE 105 {y LEMOYNE,PA 17043 8 **** Enchanted Hills Homeowners ' SO.44_ 19 Keystone Drive Mechanicsburg,PA 17050 9 ENCHANTED HILLS HOMEOWNERS'ASSOCIATION 50.44 �- 7 Nils Court Mechanicsburg,PA 17050 10 •""* MERS,as nominee for America's Wholesale Lender $0.44 P.O.BOX 2026 FLINT MI 48501-2026 x° fiE? ►MX?Lr"BYFOt3` EItiD tP.HSft21858tif10 a rit,dea 54.40 -t Total Nwnba of Total Number of Pitm Ammi sla,PC(Name o The A *darwioe of.alx a rcat and on all damwk and smrsna kxW tt&md mad TM ma—tim indemMly payable Aeon Lsted by Send. Retdwcd as roo ofrioe Receiving Empioyre) .ror she rtnmsmustion dnonne;otiabit docomo is undo Exprna Mail oxwnem feeonsstwion inwnrct is sso o00 per pitet wbjest rn a limit ofSSW 000 per oca+rsrnee,The maximum indemnity payable on£qwm Mad m mlhantbae is$100, The muimam mdemaity payobie is S11S•0W for m liswi d mail,MM with optional msemnet Set Domenic Mail MamW R900 5913 and 5921 lot Imilmions of coverM Form 3877 Facsimile Phelan Hallinan, LLP lei 'I -E Y 0 NOP�QTAF, Zachary Jones, Esq., Id. No.310721 � , 09 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 703 SUN 2$ One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND S AN A Zachary.Jones@phelanhalIinan.com 215-563-7000 THE BANK OF NEW YORK MELLON FKA Court of Common Pleas THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., Civil Division ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES, CUMBERLAND County SERIES 2006-33CB Plaintiff No.: 12-1711-CIVIL vs. AMY L. OROZCO Defendant PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on April 2, 2013 in the above referenced action. 1 Phelan Halli DATE: 27-�3 By: Za y s, sq.,Id.No.310721 orn e for aintiff 218586 Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON FKA Court of Common Pleas THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., Civil Division ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES, CUMBERLAND County SERIES 2006-33CB Plaintiff No.: 12-1711-CIVIL vs. AMY L. OROZCO Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Withdraw its Motion to Reassess Damages was served upon the following interested party on the date indicated below. AMY L. OROZCO 1024 HIDDEN JEWEL LN WAKE FOREST,NC 27587-9182 AMY L. OROZCO 6 SOUDER COURT MECHANICSBURG, PA 17050-1564 AMY L. OROZCO 8168 VIA BELLA NOTTE ORLANDO, FL 32836-7704 Phelan DATE: V� 7 13 By: Za ary J e , Esq.,Id.No.310721 orney Plaintiff 218586 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff F!L D_ r;FFi0`E Jody S Smith �ttrttr tt +�At�>� efil��r+ ` i t)tL PROTHONOTARY Chief Deputy ?" Richard W Stewart 20!3 JUL -2 PM 21 � � '� ;, f.�°. Solicitor OFFICE OF THE$I;ERIFF CUMBERLAND CO':1 TY PENNSYLVAMA The Bank of New York Mellon vs. Amy L. Orozco Case Number 2012-1711 SHERIFF'S RETURN OF SERVICE 04/01/2013 01:11 PM -Deputy William Cline, 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 6 Souder Court, Silver Spring -Township, Mechanicsburg., PA 17050, Cumberland County. 05/03/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $791.33 SO ANSWERS, July 01, 2013 4NR- (C)CountySuite Sheriff,Teleosofl,inc. THE BANK OF NEW YORK MELLON FKA THE BANK OF COURT OF COMMON PLEAS NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT,INC.,ALTERNATIVE CIVIL DIVISION LOAN TRUST 2006-33CB,MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-33CB NO.: 12-1711-CIVIL Plaintiff V. CUMBERLAND COUNTY AMY L. OROZCO PHS#218586 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT,INC.,ALTERNATIVE LOAN TRUST 2006-33CB,MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2006-33CB,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 6 SOUDER COURT, MECHANICSBURG,PA 17050-1564. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) AMY L.OROZCO 8168 VIA BELLA NOTTE ORLANDO,FL 32836-7704 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) AMY L.OROZCO 8168 VIA BELLA NOTTE ORLANDO,FL 32836-7704 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) ENCHANTED HILLS HOMEOWNERS 19 KEYSTONE DRIVE MECHANICSBURG,PA 17050 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) COMMERCE BANKMARRISBURG N.A. 100 SENATE AVENUE COMMERCIAL MORTGAGE DEPARTMENT CAMP HILL,PA 17011 COMMERCE BANK/HARRISBURG N.A. 4 LEMOYNE DRIVE,SUITE 105 LOAN SERVICING LEMOYNE,PA 17043 AMERICA'S WHOLESALE LENDER 4500 PARK GRANADA CALABASAS,CA 91302 AMERICA'S WHOLESALE LENDER MS SV-79 DOCUMENT PROCESSING PO BOX 10423 VAN NUYS,CA 91410 AMERICA'S WHOLESALE LENDER 1210 NORTHBROOK DRIVE,SUITE 300 CIO CHRISTINE A.DIUVA TREVOSE,PA 19053 MERS,AS NOMINEE FOR AMERICAS P.O. BOX 2026 WHOLESALE LENDER FLINT,MI 48501-2026 MERS,INC. FORMERLY 3300 SW 34TH AVE,STE 101 OCALA FL 34474 AS OF 12/6/10, 1901 E.VOORHEES STREET, SUITE C DANVILLE,IL 61834 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) ENCHANTED HILLS HOMEOWNERS' 7 NITA COURT ASSOCIATION MECHANICSBURG,PA 17050 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 6 SOUDER COURT MECHANICSBURG,PA 17050-1564 BANK OF AMERICA,N.A. 1800 TAPO CANYON ROAD MAIL ID#CA6-914-01-43 SIMI VALLEY,CA 93063-6712 MERS,AS NOMINEE FOR BANK OF P.O.BOX 2026 AMERICA,N.A. FLINT,MI 48501-2026 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O. BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S. DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 , DISTRICT OF PA HARRISBURG, PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to a Date: dea By: J T an a"in"" LLP P an Hallinan,LLP ohn Michael Kolesnik,Esq., Id.No.308877 orn y f or Plaintiff f ,//Attorney for Plaintiff r THE BANK OF NEW YORK MELLON FKA THE BANK OF COURT OF COMMON PLEAS NEW YORK, AS TRUSTEE FOR THE . CERTIFICATEHOLDERS CWALT, INC.,ALTERNATIVE CIVIL DIVISION LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-33CB NO.: 12-1711-CIVIL Plaintiff : : CUMBERLAND COUNTY VS. - AMY L. OROZCO Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: AMY L. OROZCO 8168 VIA BELLA NOTTE ORLANDO,FL 32836-7704 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 6 SOUDER COURT,MECHANICSBURG,PA 17050-1564 is scheduled to be sold at the Sheriff's Sale on 06/05/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$462,017.35 obtained by THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT,INC.,ALTERNATIVE LOAN TRUST 2006-33CB,MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-33CB (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may 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 lot of unimproved land situated in the Township of Silver Spring,County of Cumberland and Commonwealth of Pennsylvania,more particularly bounded and described as follows: BEGINNING at a point on the northern dedicated right-of-way line of Souder Court at the dividing line between Lots Nos. 13 and 12 as shown on the hereinafter mentioned plan of lots;thence along said dividing line between Lots Nos. 13 and 12,North 2 degrees 46 minutes East,a distance of 505.02 feet to a point at lands now or formerly of Milton E. Humer;thence along said latter lands the following two courses and distances:(a)South 85 degrees 22 minutes 45 seconds East,a distance of 141.45 feet to a point;and(b)South 41 minutes East,a distance of 501.36 feet to a point on the dedicated right-of-way line of the cul-de-sac end of Souder Court,thence,along said dedicated right-of-way line,the following three courses and distances: (a) on a curve to the left having a radius of 50 feet,an are distance of 142.59 feet to a point;(b)on a curve to the right having a radius of 20 feet,an arc distance of 25.62 feet to a monument;and(c)North 87 degrees 14 minutes West,a distance of 54.46 feet to a point on the northern dedicated right-of-way line of Souder Court to a point at the dividing line between Lots Nos. 13 and 12 as shown on the hereinafter mentioned plan of lots,the place of beginning. BEING Lot No. 13 as shown on a certain plan of lots eDtitled'Final Subdivision of Enchanted Hills'as recorded in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania,in Plan Book 76,Page 3 7. THE ABOVE DESCRIBED REAL ESTATE is the same real estate which Greater Kaystone Properties,Inc., a Pennsylvania business corporation,by its deed dated May 31,2005 and recorded June 6,2005 in the Office of the Recorder of Deeds of Cumberland County,Pennsylvania in Deed Book 269,Page 1157,conveyed to Joseph Katkocin,Grantor herein. The above described lot is conveyed UNDER AND SUBJECT,nevertheless,to: (1)The building set-back lines and utility easements and drainage easements, if any,as more fully shown, located and defined on the above mentioned plan of lots; (2)The applicable restrictions,covenants and conditions as more fully set forth on the above mentioned plan of lots, (3)The easements and rights-of-way heretofore granted to public utility companies for the use of providing utility services to the subdivision shown on the above described plan of lots;and (4)The restrictions,conditions and covenants as more fully set forth in a certain Amended Declaration of Covenants and Restrictions dated January 15, 1999 and recorded in the recorder's Office aforesaid in Miscellaneous Record Book Volume 601,Page 770. TITLE TO SAID PREMISES Vested by Special Warranty Deed, dated 08/31/2006, given by Joseph Katkoc)D, single to Amy L. Orozco, a married woman and recorded 9/8/2006 in Book 276 Page 2813 Instrument# 2006-032940 PREMISES BEING: 6 SOUDER COURT,MECHANICSBURG,PA 17050-1564 PARCEL NO,38-13-0985-119 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 12-1711-CIVIL THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT,INC., ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-33CB vs. AMY L. OROZCO owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being (Municipality) 6 SOUDER COURT MECHANICSBURG PA 17050-1564 Parcel No. 38-13-0985-119 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $462,017.35 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-1711 Civil COUNTY OF CUMBERLAND) CIVIL ACTION–LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT,INC., ALTERNATIVE LOAN TRUST 2006-33CB,MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-33CB Plaintiff(s) From AMY L.OROZCO (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof-, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $462,017.35 L.L,:$.50 Interest FROM 9/19/2012 TO DATE OF SALE($7,r.95 PER DIEM)-$19,747.00 Atty's Comm: Due Prothy:$2.25 Atty Paid: $219.50 Other Costs: Plaintiff Paid: Date: 1/25/13 David D. Buell,Prothonotary (Seal) �Deputy� ,�� REQUESTING PARTY: Name:JOHN MICHAEL KOLESNIK,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA TRUE COPY FROM RECORD PHILADELPHIA,PA 19103 In Testimony whereof,I here unto set my hand and the wal of said Couq ' at Carlisle Pa Attorney for:PLAINTIFF This—6LS day of S-. 20 N Telephone:215-563-7000 Prothonotary Supreme Court ID No.308877 Pill On March 12, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Irnown and numbered as, 6 Souder Court, Mechanicsburg, Exhibit "A" filed with this writ and by this reference incorporated herein. Bate: March 12, 2013 By: Real Estate Coordinator Z 1 =01 `7 8Z NVC 000 4.1 3 as CUMBERLAND LAW JOURNAL Writ No. 2012-1711 Civil THE BANK OF NEW YORK MELLON VS. AMY L. OROZCO Atty.:Joseph P. Schalk By virtue of a Writ of Execution NO. 12-1711-CIVIL, THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-33CB vs.AMY L.OROZ- CO owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being 6 SOUDER COURT,MECHAN- ICSBURG,PA 17050-1564. Parcel No. 38-13-0985-119. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$462,017- .35. 60 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 12,April 19 and April 26, 2013 Afflant 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. Li Marie Coyne, Edipr SWORN TO AND SUBSCRIBED before me this 26 d of April, 2013 C. Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My commission Expires Apr 28,2014 The Co. 2020 Technology P-kwy ^ . Suite 300 Mechanicsburg, PA 17050 ' Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 1G. iQ2S Commonwealth of Pennsylvania, County ofDauphin} os Marianne Miller, being duty sworn according bz law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as bo the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317, _ - . 2012-171'Clvl E BANK OF NEW YOR This ad ran on thmdmtm(s)shown below: U ~'E^~~~ � 04116V13 V �S' v AmY� 04/23/13 Atty. Joseph mSchalk 04/30/13 , aY virtue ofoWrit of Execution No. o'no'ovIL THE aAvo or NEW vomK �� �. . L�.��. . mnmLum euxous BANK onNEW - �' /' ~�-� v = � FOR THE �/ / ^/TRE-----'--------~INC` Bvvonnho�nd ubaohbadbofoms U|i 13d ofNY �O13A[� mv/uzvu uzmv Tnusr 206 . � '' .D. »xB' moozomGs nwm-Tor0non oERITFIoATEmSERIESo006-3nm � AM Y Lonozco —er(s) of property situate in the ` Public L) /"°muuIP OF xuaEn xrmowG, Cumberland Pennsylvania,being . ^ uooDun o0nRT, / xECamwcno / COMMONWEALTH OF PENNSYLVAN Parcel No. ' NotariaiSeal (Acreage or street address) Holly Lynn Warfel,Notary PUblic improvements thereon: RESIDENTIAL Washington Twp.t Dauphin COUntY DWELLING My Commission Expires Dec.12,2016 JUDGMENT AMOUNT$mz,0z7.35 MEMBER,PENNSYLVANIA"="^^~'~~- NOTARIES Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 LULU -0F t Ju._ PROTHONOTARY 2°14 AU° 14 " pT (RNEY FOR PLAINTIFF CUMBERLAND COUNTY PENNSYLVANIA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-33CB Plaintiff v. AMY L. OROZCO Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -1711 -CIVIL Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 19, 2012. 2. Judgment was entered on September 18, 2012 in the amount of $462,017.35. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 712430 1 4. The Property is listed for Sheriffs Sale on December 3, 2014. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 3, 2014 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Escrow Deficit $399,386.23 $142,922.69 $790.74 $3,175.00 $1,199.00 $1,500.00 $476.50 $36,594.43 TOTAL $586,044.59 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. 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 Defendant on August 13, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order for a Motion for Service of Notice of Sale Pursuant to Special Order of Court dated March 26, 2013. 712430 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: g 1bl�Lt By: Phelan Hallinan LLP Justin F/`obes squire ATT G' EY F i R PLAINTIFF 3 712430 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-33CB Plaintiff v. AMY L. OROZCO Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -1711 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE AMY L. OROZCO executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 6 SOUDER COURT, MECHANICSBURG, PA 17050-1564. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be 712430 1 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 712430 2 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 712430 3 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 712430 4 Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 712430 5 Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 712430 6 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. 712430 7 Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: By: Justin F. Kobeski, Esquire Attorney for Plaintiff 712430 8 4 PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-33CB vs. AMY L. OROZCO Attorney for Plaintiff ATTORNEY E .t UPY PLEASE RETURN C CUMBERLAND COUNTY COURT OF COMMON PL CIVIL. DIVISION : No. 12 -1711 -CIVIL cor. =1= --I C=1 cn rn -o w a 3c 0 ..r ATTORNEY FILE COPY PLEASE RET. URN 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 AMY L. OROZCO, 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 $462,017.35 TOTAL $462,017.35 I hereby certify that (1) the Defendant's last known addresses are 6 SOUDER COURT, MECHANICSBURG, PA 17050-1564 and 8168 VIA BELLA NOr h, ORLANDO, FL 32836- 7704, and (2) that notice has been given in accordance with Rule Pa.R.0 Date Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: q\k%119. PHS *218586 PROop, : • ' OT 218586 Exhibit "B" 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 August 7, 2014 AMY L. OROZCO 1024 HIDDEN JEWEL LN WAKE FOREST, NC 27587-9182 RE: THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-33CB v. AMY L. OROZCO Premises Address: 6 SOUDER COURT MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 12 -1711 -CIVIL Dear Defendant, 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 8/12/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please b ' ided accordingly. eski, Esq., Id. No.200392 A ivy for Plaintiff Enclosure 712430 Name and Address Of Sender am+ Article Number Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadel.hia, PA 19103 Name of Addressee, Street, and Post Office Address AMY L. OROZCO 1024 HIDDEN JEWEL LN WAKE FOREST, NC 27587-9182 AMY L. OROZCO 6 SOUDER COURT MECHANICSBURG, PA 17050-1564 AMY L. OROZCO 8168 VIA BELLA NOTTE ORLANDO, FL 32836-7704 RE: AMY L. OROZCO CUMBERLAND Total Number of Pieces Listed by Sender Total Number of Pieced Received at Post Office PH # 712430/1200 Pa a .l of 1 Postmaster, Per (Name of Receiving Employee) 13877 Facsimile The full desk) ttion afvalit is requiredo o all domestic and intemationaf registered mail, The maxima for the reconstruction of nonncgoliable documents under Express Moil document reconstruction insurat piece subject to a limit of 5500,000 per occurrence. The maximum indemnity payable an Express Maif The maximum indemnity payable is 525,000 for registered mail, sent with optional insurance. Sec Dot R900 5913 and S921 for limitations of covers T. 712430 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-33CB Plaintiff v. AMY L. OROZCO ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -1711 -CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. AMY L. OROZCO 1024 HIDDEN JEWEL LN WAKE FOREST, NC 27587-9182 AMY L. OROZCO 8168 VIA BELLA NOTTE ORLANDO, FL 32836-7704 DATE: By: AMY L. OROZCO 6 SOUDER COURT MECHANICSBURG, PA 17050-1564 Phelan an, LLP Justin F ATT , Esquire EY FOR PLAINTIFF 712430 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA THE BANK OF NEW YORK MELLON FKA : Court of Common Pleas THE BANK OF NEW YORK, AS TRUSTEE FOR : THE CERTIFICATEHOLDERS CWALT, INC., . Civil Division ALTERNATIVE LOAN TRUST 2006-33CB, : MORTGAGE PASS-THROUGH CERTIFICATES, CUMBERLAND County SERIES 2006-33CB Plaintiff No.: 12 -1711 -CIVIL v. AMY L. OROZCO Defendant RULE AND NOW, this 1 day of 410,1" 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant 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. L, aro 2_00 P e.(avi /-la /I marl , Lt..? eop;`s Ivye')4�i/a°/%/ y r2 r. r.., rri` a:3Z .L —I w T y "< CD E C a L > C3f7) r 712430 Justin F. Kobeski, Esq., Id. No.200392 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 AMY L. OROZCO 1024 HIDDEN JEWEL LN WAKE FOREST, NC 27587-9182 AMY L. OROZCO 8168 VIA BELLA NOTTE ORLANDO, FL 32836-7704 AMY L. OROZCO 6 SOUDER COURT MECHANICSBURG, PA 17050-1564 712430 712430 EJielan Hallinan, LLP Michelle J. Stranen, Esq., Id. No.208793 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 michelle.stranen@phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-33CB Plaintiff vs. AMY L. OROZCO ATTORNEY FOR PLAINTIFF rnco rn `r' rriCourt of Common Zles Civil Division CUMBERLAND Couty' No.: 12 -1711 -CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 19, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. AMY L. OROZCO 1024 HIDDEN JEWEL LN WAKE FOREST, NC 27587-9182 AMY L. OROZCO 8168 VIA BELLA NOTTE ORLANDO, FL 32836-7704 DATE: gif 2/ By: AMY L. OROZCO 6 SOUDER COURT MECHANICSBURG, PA 17050-1564 Phelan Hallinan, LLP M. helle J. Str: nen, Esq., Id. No.208793 Attorney for Plaintiff 712430 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan com 215-563-7000 rHE'F'f OTHONO TA ATTORNEY FOR PLAINTIFF 2u#'i SEP I I AMU: CUMBERLAND COUNTY PENNSYLVANIA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-33CB Plaintiff vs. AMY L. OROZCO Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -1711 -CIVIL MOTION TO MAKE RULE ABSOLUTE THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-33CB, 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 August 14, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about August 19, 2014 directing the Defendant to show cause by September 8, 2014 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 A. 3. The Rule to Show Cause was timely served upon all parties on August 29, 2014 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 B. 4. Defendant failed to respond or otherwise plead by the Rule Returnable date of September 8, 2014. 712430 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: q ii0 1 By: Phelan Hallinan, LLP Jcx( than Lobb, Esq., Id. No.312174 Attorney for Plaintiff 3 712430 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-33CB Plaintiff v. AMY L. OROZCO Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -1711 -CIVIL RULE AND NOW, this. iq ` day of . 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant 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 5/ ,4,1.1,t, T 712430 Ex ibi “B, Phelan Hallinan, LLP Michelle J. Stranen, Esq., Id. No.208793 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19] 03 michellc.stranen@phelanhallinan.com 2 l 5-563-7000 THE BANK OF NEW YORK MELLON FICA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-33CB Plaintiff vs. AMY L. OROZCO ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -1711 -CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 19, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. AMY L. OROZCO 1024 HIDDEN JEWEL LN WAKE FOREST, NC 27587-9182 AMY L. OROZCO 8168 VIA BELLA NOTTE ORLANDO, FL 32836-7704 AMY L. OROZCO 6 SOUDER COURT MECHANICSBURG, PA 17050-1564 Phelan Hallinan, belle J. n, Esq., Id. No.208793 Attorney for Plaintiff 712430 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-33CB Plaintiff vs. AMY L. OROZCO ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -1711 -CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. AMY L. OROZCO 1024 HIDDEN JEWEL LN WAKE FOREST, NC 27587-9182 AMY L. OROZCO 8168 VIA BELLA NOTTE ORLANDO, FL 32836-7704 DATE: By: JothanLobb, Esq., Id. No.312174 Attorney for Plaintiff AMY L. OROZCO 6 SOUDER COURT MECHANICSBURG, PA 17050-1564 Phelan Hallinan, P 712430 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-33CB Plaintiff vs. AMY L. OROZCO Defendant ORDER Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -1711 -CIVIL -10 :I: 7-73 C) ;` (Xi AND NOW, this /G' day of rip k - , 2014, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through December 3, 2014 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections $399,386.23 $142,922.69 $790.74 $3,175.00 $1,199.00 $1,500.00 $476.50 712430 r Escrow Deficit $36,594.43 TOTAL $586,044.59 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. Co r {cc( 64- J Log 'Y • Ota‘tamco 9JL/iq BY THE COURT: 712430 kR. PHELAN HALLINAN, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-33CB vs. AMY L. OROZCO Plaintiff Defendant OF THE PRO 2614 OCT22 PEi/f,SYL 4iry !Cc.: fJONO TAR 0: 05 : n C D LI T V CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 12 -1711 -CIVIL 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 AMY L. OROZCO on 9/16/2014 in accordance with the Order of Court dated 3/26/2013. The property was posted on 9/30/2014. 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. DATE: 10(2.10A Phelan Hallinan, LLP By: Michell - J. Stranen, sq., Id. No.208793 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-33CB V. AMY L. OROZCO Plaintiff Defendant CIVIL DIVISION NO, 12 -1711 -CIVIL ORDER AND NOW, this VP • day of lila, IA , 2013, after consideration of Plaintiff's Motion for Service of Notice of Sale Pt ant 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 AMY L. OROZCO by: V Pilch', H. /LA., REGULAR MAIL TO AMY L. OROZCO at 8168 VIA BELLA NOTTE, ORLANDO, FL 32836-7704 and 6 SOLIDER COURT, MECHANICSBURG, PA 17050-1564 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO AMY L. OROZCO at 8168 VIA BELLA NOTTE, ORLANDO, FL 32836-7704 and 6 SOUDER COURT, MECHANICSBURG, PA 17050-1564 Service by mail is complete upon the date of mailing POSTING 6 SOUDER COURT, MECHANICSBURG, PA 17050-1564 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2(D). Name and Address of Sender Line PHELAN HALLINAN & SCHMIEG One Penn Center at Suburban, Suite 1400 Philadelphia, PA 19103 Article Number Postage l AMY L OROZCO 8168 VIA BELLA NOTTE ORLANDO, FL 32836 2 AMY L. OROZCO 6 SOUDER COURT MECAHNICSBURG, PA 17050 3 4 5 6 7 to ra 14 15 RE:OROZCO PHS#712430 CUMBERLAND Total Numbe of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) LNM-CER'1 JJ 1CATE OF MAILING -NOS CODE- 1020 AFFIDAVIT OF SERVICE PLAINTIFF THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-33CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006- 33CB DEFENDANT AMYL. OROZCO SERVE AMY L. OROZCO AT: 6 SOUDER COURT MECHANICSBURG, PA 17050-1564 ****PLEASE POST THE PROPERTY*** PLEASE POST THE PROPERTY PER THE COURT ORDER SERVED CUMBERLAND COUNTY PH # 712430 SERVICE TEAM/ spl COURT NO.: 12 -1711 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 12/03/2014 iL Served and made known to AMY L, OROZCO, Defendant on the „y qday of - ' 20 / 4 at % g , f2-• o'cleek e M., at 6 SOLIDER COURT, MECI AN1CSBURG, PA• :17(}Sti-1564, hi the n7alutcr 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: POSTEDTHEPROP1RTY Dcse ' ption: Age II i ht Weight Race: Sex ..Other I, ..pct -E c? poen, Adult, hereby verify that 1personally ,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 statements m de subject to t„ penalties of 18 Pa. C.S. Sec. 4904 or falsification to authorities:. relating to u DATE: a NAME: PRINTED TITLE: LSCC` S e iVe tc NOT SERVED On the dayof , 20 , at o'clock _. M., I, , a competent adult hereby state that Efendant I UND-because: Vacant ;_Does Not Exist Moved Does Not Reside (Not Vacant) at No Answer on - ... 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 i i USPS CERTIFIED MAILTM 01 i i 9214 8969 0096 4000 1416 65 LNM / 712430 AMY L. OROZCO 6 SOUDER COURT MECHANICSBURG, PA 17050-1564 --fold here (regular) -- fold here (6x9) --fold here (regular) II I I USPS CERTIFIED MAILTM I I I i i I i 9214 8969 0096 4000 1416 72 LNM /712430 AMY L. OROZCO 8168 VIA BELLA NOTTE ORLANDO, FL 32836-7704 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS.com® - USPS TrackingTM English Customer Service USPS Mobile el US PS.COM Page 1 of 2 Register / Sign In Search USPS.com or Track Packages Subr Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions TM USPS Tracking Tracking Number: 9214896900964000141672 On Time Expected Delivery Day: Friday, September 19, 2014 Product & Tracking Information Postal Product:® First -Class Mail Features: Certified Mail DATE & TIME September 25, 2014 , 12:53 pm STATUS OF ITEM Delivered LOCATION MOUNT LAUREL, NJ 08054 Your item was delivered at 12:53 pm on September 25. 2014 in MOUNT LAUREL, NJ 08054. September 22, 2014 , 8:12 am September 21, 2014 , 8:30 pm September 19, 2014 , 11:44 am September 19, 2014 , 9:30 am September 19, 2014 , 9:20 am September 19, 2014 , 5:10 am September 19, 2014 , 12:03 am September 18, 2014 , 6:43 pm ti September 17, 2014 , 5:07 am September 16, 2014 , 10:21 Pm September 16, 2014 , 9:06 pm September 15, 2014 Departed USPS Facility FORT MYERS, FL 33913 Arrived at USPS Facility FORT MYERS, FL 33913 Undeliverable as Addressed ORLANDO, FL 32836 Out for Delivery ORLANDO, FL 32819 Sorting Complete ORLANDO, FL 32819 Arrived at Unit ORLANDO, FL 32819 Departed USPS Facility ORLANDO, FL 32862 Arrived at USPS Facility ORLANDO, FL 32862 Departed USPS Facility PHILADELPHIA, PA 19176 Arrived at USPS Origin PHILADELPHIA, PA 19176 Facility Accepted at USPS Origin PHILADELPHIA, PA 19103 Sort Facility Pre -Shipment Info Sent to USPS Track Another Package Tracking (or receipt) number Customer Service Have questions? We're here to help. Available Actions Return Receipt Electronic .................... _.................................................. Text Updates Email Updates https://tools.usps.com/go/TrackConfirmAction.action?tLabels=9214896900964000141672 10/8/2014 USPS.com® - USPS TrackingTM Page 2 of 2 Track. LEGAL ON USPS.COM ON ASOUT.USPS.COM OTHER USPS SITES Privacy Policy Terms of Use FOIA . No FEAR Act EEG Data , Government Services . About USPS Home Business Customer Gateway . Buy Stamps 2, Shop i Newsroom i Postal Inspectors Print a Label with Postage , USPS Service Alerts , Inspector General Customer Service i Forms 8 Publications , Postal Explorer Delivering Solutions to the Last Mile = Careers i National Postal Museum' Site Index i grausps,c0Af 1 Copyright© 2014 USPS. All Rights Reserved. https://tools.usps.corrilgo/TrackConfirmAction.action?tLabels=9214896900964000141672 10/8/2014 USPS.com® - USPS TrackingTM English Customer Service USPS Mobile l 1J PS.CO f e Quick Tools USPS Tracking TM Ship a Package Send Mail Manage Your Mail Page 1 of 2 Register !Sign In Search USPS.com or Track Packages Subr Shop Business Solutions Customer Service Have questions? We're here to help. Tracking Number: 9214896900964000141665 On Time Expected Delivery Day: Thursday, September 18, 2014 Product & Tracking Information Postal Product:® First -Class Mail DATE & TIME September 18, 2014 , 12:18 pm Features: Certified Mail STATUS OF ITEM - LOCATION Delivered MECHANICSBURG, PA 17050 Your item was delivered at 12:18 pm on September 18, 2014 in MECHANICSBURG, PA 17050. September 18, 2014 , 9:43 am September 18, 2014 , 9:33 am September 18, 2014 , 5:45 am September 18, 2014 , 1:28 am September 17, 2014 , 1:40 pm September 17, 2014 , 5:07 am September 16, 2014 , 10:21 pm Out for Delivery Sorting Complete Arrived at Unit Departed USPS Facility Arrived at USPS Facility Departed USPS Facility Arrived at USPS Origin Facility September 16, 2014 , 9:06 Accepted at USPS Origin Sort Facility pm September 15, 2014 Pre -Shipment Info Sent to USPS Track Another Package Tracking (or receipt) number MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 HARRISBURG, PA 17107 HARRISBURG, PA 17107 PHILADELPHIA, PA 19176 PHILADELPHIA, PA 19176 PHILADELPHIA, PA 19103 Available Actions Return Receipt Electronic ......................................................................................... Text Updates Email Updates Track It https://tools.usps. com/go/TrackConfirmAction.action?tLabels=9214896900964000141665 10/8/2014 USPS.com® - USPS TrackingTM Page 2 of 2 LEGAL Privacy Policy • Terms of Use • FOIA • No FEAR Act EEO Data • usPsc©n r ON USPS.COM Government Services • Buy Stamps & Shop • Print a Labe! with Postage • Customer Service • Delivering Solutions to the Last Mile • Site Index • Copyright© 2014 USPS. All Rights Reserved. ON ABOUT.USPS.COM About USPS Home = Newsroom • USPS Service Alerts • Forms & Publications • Careers • OTHER USPS SITES Business Customer Gateway • Postal Inspectors • Inspector General • Postal Explorer • National Postal Museum • https://tools. usps.com/go/TrackConfirmAction.action?tLabels=9214896900964000141665 10/8/2014 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK MELLON FKA THE CUMBERLAND COUNTY BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., COURT OF COMMON PLEAS ALTERNATIVE LOAN TRUST 2006-33CB, • MORTGAGE PASS-THROUGH CERTIFICATES, CIVIL DIVISION SERIES 2006-33CB Plaintiff, No.: 12 -1711 -CIVIL v. AMY L. OROZCO Defendant(s) 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". Date: %diff//fc Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#712430 The Bank of New York Mellon fka The Bank of New York, as Trustee for The Certificateholders Cwalt, Inc., Alternative Loan Trust 2006-33Cb, Mortgage Pass - Through Certificates, Series 2006-33Cb Plaintiff V. Amy L. Orozco Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 12 -1711 -CIVIL CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of New York Mellon fka The Bank of New York, as Trustee for The Certificateholders Cwalt, Inc., Alternative Loan Trust 2006-33Cb, Mortgage Pass -Through Certificates, Series 2006-33Cb, 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 6 Souder Court, Mechanicsburg, PA 17050-1564. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Amy L. Orozco 8168 Via Bella Notte Orlando, FL 32836-7704 2. Name and address of Defendant(s) in the judgment: Name Amy L. Orozco 6 Souder Court Mechanicsburg, PA 17050-1564 Address (if address cannot be reasonably ascertained, please so indicate) 8168 Via Bella Notte Orlando, FL 32836-7704 6 Souder Court Mechanicsburg, PA 17050-1564 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) Enchanted Hills Homeowners 19 Keystone Drive Mechanicsburg, PA 17050 Dennis Couch 22 Royal Palm Drive Mechanicsburg, PA 17050 Dennis Couch C/O David J. Lanza, Esquire 2132 Market Street Camp Hill, PA 17011 Ernest H. Martinez 6 Souder Court Mechanicsburg, PA 17050-1564 PH # 712430 Ernest H. Martinez C/O David J. Lenox, Esquire 8 Tristan Drive Ste 3 Dillsburg, PA 17019 Tina M. Martinez 6 Souder Court Mechanicsburg, PA 17050-1564 Tina M. Martinez C/O David J. Lenox 8 Tristan Drive Ste 3 Dillsburg, PA 17019 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Commerce Bank/harrisburg N.A. 100 Senate Avenue Camp Hill, PA 17011 Commerce Bank/harrisburg N.A. Loan Servicing 4 Lemoyne Drive, Suite 105 Lemoyne, PA 17043 Commerce Bank/harrisburg N.A., Commercial 100 Senate Avenue Mortgage Department Camp Hill, PA 17011 America's Wholesale Lender MS Sv-79 Document Processing PO Box 10423 Van Nuys, CA 91410 America's Wholesale Lender 4500 Park Granada Calabasas, CA 91302 America's Wholesale Lender C/0 Christine A. D'uva 1210 Northbrook Drive Suite 300 Trevose, PA 19053 MERS, as Nominee for America's Wholesale P.O. Box 2026 Lender Flint, MI 48501-2026 MERS, Inc. 1901 E. Voorhees Street, Suite C Danville, IL 61834 The Bank of New York Mellon fka, The Bank of C/0 BAC, M/c:ca6-914-10-43 , 1800 Tapo Canyon New York as Trustee for The Certificateholders Road of The Cwheq Inc., Home Equity Loan Asset Simi Valley, CA 93063 Backed Certificates Series 2006-S6 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) Enchanted Hills Homeowners' Association 7 Nita Court Mechanicsburg, PA 17050 PH # 712430 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 6 Souder Court Mechanicsburg, PA 17050-1564 Bank of America, N.A. 1800 Tapo Canyon Road Mail Id #CA6-914-01-43 Simi Valley, CA 93063-6712 MERS, as Nominee for Bank of America, N.A. P.O. Box 2026 Flint, MI 48501-2026 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 U.S. Attorney for The Middle District of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 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: 04//4 PH # 712430 By: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Name and Address Of Sender Phelan17 HBoulean,vard, LLP Mk1617 JFK Boulcvard,Suitc 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/KAZ- 12/03/2014 SALE Line Article Number Name of Addressee, Spee#, and Post Office Address Pottage 1 •••• The Bank of New York Mellon fka, The' Bank of New York as Trustee for The Certificalcholders of The Cwheq Ina, Home Equity Loan Asset Backed Certificates Series 2006-S6, C/O BAC, M/C:CA67914-1443 ;1800 Tapo Canyon Road Simi Valley, CA 93063, 50.47 RE: AMY L. OROZCO (CUMBERLAND) PH # 71.2430/1026. Page 1 of 1 45 Day 50.47 Total Mamba of Pieces Listed by 5mdn Total Number of Pieces Received at Poa Met Pe master. Pa (Name of Receiving Employee) The full declaration of value is required at all dmaeatio and international registered mail. The m for the seeonsvuction of nonnegotiable documents under Express Mal document raminnucfiao t piece prbjeo to a limit of 5500,000 pa marmot. The maaimom indemnity payable on Espies The muimum indemnity payable i, 32.3:000 rer registered mail, sem with apdonal insurance. S .R900 5913 end $921 for !iabeliom ref cooerue. Form 3877 Facsimile PH # 712430 Name and Address Of Sender Phelan Hallinan. LLP 1617 JFK Boulevard. Suite 1400 One Penn Center Plaza Phikidclphia, PA 19103 Lane Article Number Name of Addressee, Street. and Post Office Address Pomp +. . ''oci c €014 l N •r e Jam' ..4 '' . u. .,. I •••• Tenant/Occupant B Souder Court Mechanicshur2, Pa 17050-1564 //,p�Ri f6 �` �4i ` 2 •••• America's Wholesale LenderSOy Ms Sv-79 Document Processingil Po Box 10423 Van Nuys, Ca 91410 Amerka's Wholesale Lender 4500 Park Granada Calabasas, Ca 91302co s. �• ty tv 50.47x`‘..;,...0:2.., ( d 3 4444 4 se•• America's Wholesale Lender C/O Christine A. D'uva I210 NORTHBROOK DRIVE SUiTE 300 TREVOSE, PA 19053 50.47 5 .. .. Bank Of America, N.A. 1800 Tape Canyon Road Man Id ICa6-914.0I-43 Simi Valley, Ca 93063.6712 50.47 6 ••.• Commerce Bank/Harrisburg NA. 100 Senate Avenue Camp HIB, Pa 17011 50.47 7 sips. Commerce Bank/Harrisburg N.A. Loan Servicing 4 Lemoyne Drive, Suite 105 Lemoyne, Pa 17043 50.47 8 •••• Commerce Bank/Harrishurg N.A., Commercial Mortgage Department 100 Senate Avenue Camp Hill, Pa 17011 30.47 9 4444 Dennis Couch 22 Royal Patin Drive Mechanicsburg, Pa 17050 50.47 10 •••• Derails Couch C/O David J. Lank*, Esquire 2132 Market Street Camp H81, Pa 17011 $0.47 11 •••• Enchanted Hills Homeowners 19 Keystone Drive Mechanicsburg- Pa 17050 50.47 12 •s.. Enchanted Hills Homeowners' Association 7 Nita Court Mechanicsburg, Pa 17050 50.47 13 •••• Ernest H.Martinez 6 Souder Court Mechanicsburg, Pa 17050.1564 30.47 14 •••• Ernest H, Martinet C/O David 3. Lenox, Esquire 8 Tristan Drive Ste J D111sbucg, Pa 17019 50.47 15 • ••• Mers, As Nominee For America's Wholesale Lender P.O. Box 2026 Flint, Mt 45501.2026 30.47 ..REsAbfX LOROZCO CUMBFBI.AND1—PH a x12.43011022 Pagc,Lat 2. 'rf Tcam Total Number of Pieces Listed. by Sender Total Number of Pieces Received at Post Office Postmaster. Per (Name of Receiving Employee) The full declaration of value is required on.all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable documents under. Express Mail document reconstruction insurance is 550.000 per piece subject to a limit 0E5300.000 per occurrence. The maximum indemnity payable on Express Mall mcrthandigc is 5500. The maximum indemnity payable is 523,000 for registered mail, sent with optional insurance. Sec Doivcxtie Mail Manual R900 5913 and 5921 for limitations of coverage. 0 u1 N 00 0 00 9' Name and. Address Of Sender Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza > zrusilu t4 412 "T d� 1145cep a w cir rn 0, 0 00 Line Article Number �, v +�� Name of Addressee, Street, and Post Office Address 'oR age ",'I g 50:' H,____ / •• v,", tk,1 Co 40 t 11 t„ N t- ', 1 **** Mers, As Nominee For Bank Of America, N.A. • P.O. Box 2026 Flint, Mi 48501-2026 2 **** Mers, Inc, 1901 E. Voorhees Street, Suite C Danville, 1161834 $0.47 3 **** Tina M. Martinez 6 Souder Court Mechanicsburg, Pa 17050-1564 $0.47 4 **** Tina M. Martinez C/O David. J. Lenox 8 Tristan Drive Ste 3 Dillsburg, Pa 17019 $0.47 5 **** Domestic Relations Of Cumberland County 13 North Hanover Street Carlisle, Pa 17013 $0.47 6 **** Commonwealth Of Pennsylvania Department Of Welfare P.O. Box 2675 Harrisburg, Pa 17105 $0,47 7 **** Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, Pa 15222 $0.47 8 **** U.S. Department Of Justice U.S. Attorney For The Middle District Of Pa Federal. Building 228 Walnut Street, Suite 220 Po Box 11754 Harrisburg, Pa 17108-1754 $0.47 REAMY L.',OROZCO (CUMBERLAND) PH # 712430/1021 Page 2 of 2 Writ Team $10.81 Toter Number of Pieces Listed by Sender Total Number of Pieces Received at Past Office Postmaster, Per (Name of Reccivting Employee) The full declaration of value it required on all domestic and international registered mail, The maximum indemnity payable for the reconhruction of nonnegotiable documents under Express Mail document reconstruction insurance k 550.000 per piece subject ro a limit of SSO0,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is SSW The maximum indemnity payable is $15,000 for registered mail. sent with optional insurance. Sec Domestic Mail Manual R900 S913 and 5921 for limitations °frovctage. xarm Sif77.1 acs imtle • Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OF THE PRO't H JHO; r;' nil! NOV 21+ ASM 10: 39 CUMBERLAND COUNTY PENNSYLVANIA The Bank of New York Mellon vs. Amy L. Orozco Case Number 2012-1711 SHERIFF'S RETURN OF SERVICE 09/30/2014 12:04 PM - Deputy Shawn Gutshall, 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 6 Souder Court, Silver Spring - Township, Mechanicsburg, PA 17050, Cumberland County. 09/30/2014 12:04 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Amy L. Orozco, pursuant to Order of Court by "Posting" the premises located at 6 Souder Court, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County with a true and correct copy according to law. 11/21/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $709.96 SO ANSWERS, November 21, 2014 ,: CountySuite Sheriff. ' eleosolt. inc. RONNY R ANDERSON, SHERIFF Uzi' 9 9i q , � 30.30 a LL 2'y L4J U) LU LS_ < uj LIJ Li LL_� C)= C-) N Lr) Q Ln N Ca On July 21, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Known and numbered as, 6 Souder Court, Mechanicsburg, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: July 21, 2014 By: Real Estate Coord nator LXIII 42 CUMBERLAND LAW JOURNAL 10/17/14 Writ No. 2012-1711 Civil Term The Bank of New York Mellon vs. Amy L. Orozco Atty.: Joseph Schalk By virtue of a Writ of Execution No. 12 -1711 -CIVIL, The Bank of New York Mellon fka The Bank of New York, as Trustee for The Certifi- cateholders Cwalt, Inc., Alternative Loan Trust 2006-33cb, Mortgage Pass-through Certificates, Series 2006-33cb v. Amy L. Orozco owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, CUMBER- LAND County, Pennsylvania, being 6 Souder Court, Mechanicsburg, PA 17050-1564. Parcel No. 38-13-0985-119. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $462,017.35. 94 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: October 17, October 24 and October 31, 2014 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. 1 Lisa Marie Coyne j Editor SWORN TO AND SUBSCRIBED before me this 3_ day of October, 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 The Patriot-N,ews Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the I3atriotXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2012.1711 Civil Term The Bank of New York Mellon vs. Amy L. Orozco Atty: Joseph Schalk By virtue of a Writ of Execution No. 12 -1711 -CIVIL The Bank of New York Mellon f/k/a The Bank of New York, as •iustee for The Certificateholders Cwalt, Inc., •]r Alternative Loan ust 2006- 33cb, Mortgage Pass-through Certificates, Series 2006-33cb v. Amy L. Orozco owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, CUMBERLAND County, Pennsylvania, being 6 Souder Court, Mechanicsburg, PA 17050-1564 Parcel No. 38-13-0985-119 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $462,017.35 This ad ran on the date(s) shown below: 10/19/14 10/26/14 11/02/14 before me this 17 day of November, 2014 A.D. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Sheryl Mane Leggore, Notary Public Hampden Twp., Cumberland County My Commission Expires July 16, 2018 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES