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Home My WebLink About12-2014J 11 7,0 29 pm 10: 52 °-11BERLAND COUNTY" PENNSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP Jeremy J. Kobeski, Esq., Id. No.94503 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 290823 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. RYAN S. BOWERMASTER 101 WEST BUTLER STREET MOUNT HOLLY SPRINGS, PA 17065-1226 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. L96t -'?30/Y ewd CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 290823 C 0-w k ?Id3,75P 1 P-4 qr'731a6 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 #: 290823 Plaintiff is BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: RYAN S. BOWERMASTER 101 WEST BUTLER STREET MOUNT HOLLY SPRINGS, PA 17065-1226 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/18/2003 RYAN S. BOWERMASTER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book 1831, Page 265. By Assignment of Mortgage recorded 12/12/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201134481.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments ol? principal and interest upon said mortgage due 11/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified File #: 290823 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 02/08/2012: Principal Balance $67,246.53 Interest $1,570.25 10/01 /2011 through 02/08/2012 Late Charges $0.00 Property Inspections $60.00 Subtotal $68,876.78 Suspense Credit ($3.61) Escrow Credit $899.38 TOTAL $67,973.79 7 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. File #: 290823 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $67,973.79, 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. HALLINAN,& SCHMIEG, UP By: Jere ny . K eski, Esquire Att v for Plaintiff File #: 290823 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at Butler Street on a point on Chestnut Street; thence along said Chestnut Street, South 160 feet to an alley; thence along said alley, West 40 feet to Lot No. 6, now or formerly of John Winand; thence along said lot, North 160 feet to Butler Street; thence along said Butler Street, East 40 feet to the place of BEGINNING. BEING Lot No. 5 in a series of lots laid out by George Harman, Sr. PROPERTY ADDRESS: 101 WEST BUTLER STREET, MOUNT HOLLY SPRINGS, PA 17065-1226 PARCEL # 23-32-2336-171 File #: 290823 VERIFICATION Ar r,4eNlLioe, hereby states that(Fei 7she is L"i'Loa ilf, e ?if '4?',"'?of BANK OF AMERICA, N.A., Plaintiff in this matter, that(?')eshe is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of is her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Naine: DATE: Title: ?sity?y?? V,? BANK OF AMERICA, N.A. File#: 290823 Name: BOWERMASTER File #: 290823 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff rr,j Jody S Smith yo Chief Deputy Richard W Stewart Solicitor k i 5 c L Bank of America, NA Case Number vs. Ryan S. Bowermaster 2012-2014 SHERIFF'S RETURN OF SERVICE 04/03/2012 07:24 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2012 at 1924 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Ryan S. Bowermaster, by making known unto Karen Bowermaster, Wife of Defendant at 101 W. Butler Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to her personally the said true and gorrect copy of the same. 7 S A N TSHALL, DEPUTY SHERIFF COST: $35.00 April 10, 2012 SO ANSWERS, ) RONKSY R ANDERSON, SHERIFF