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HomeMy WebLinkAbout12-2441• f1 PHELAN HALLINAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 256432 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER BAC HOME LOAN SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. PATRICIA HOLLINGER 127 EAST PENN STREET CARLISLE, PA 17013-2435 Defendant aLED-0FEICE I' MHONOTAE; s. r ?,»a , 14ABERLAND COUNTY 'EN14SYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM <-t ( ?t v c l ?--< NO. Ia "a CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 256432 ?E) artLt ato3.75pd a? u poll 9 ?-? a?NDyS 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 #: 256432 Plaintiff is BANK OF AMERICA, N.A. SUCCESSOR BY MERGER BAC HOME LOAN SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: PATRICIA HOLLINGER 127 EAST PENN STREET CARLISLE, PA 17013-2435 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/21/2007 PATRICIA HOLLINGER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR GN MORTGAGE,LLC which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200736867. By Assignment of Mortgage recorded 12/20/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201037636.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 05/01/2010 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 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 256432 6. The following amounts are due on the mortgage as of 03/29/2012: Principal Balance $102,612.46 Interest $16,106.17 04/01/2010 through 03/29/2012 Late Charges $152.28 Property Inspections $255.00 Escrow Deficit $5,871.58 Subtotal $124,997.49 Suspense Credit 916.81 TOTAL $124,080.68 7 8 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 #: 256432 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $124,080.68, 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. AN & SCHMIEG, LLP By: ert W. ' , Esquire Attorney for Plaintiff File #: 256432 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the First Ward of the Borough of Carlisle County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING on the North by an eighteen (18) foot alley, on the East by lot now or formerly of Harry A. Snyder and formerly of George S. Beetem's heirs, on the South by East Penn Street, and on the West by lot now or formerly of the Carlisle Show Company, formerly of Augustus Reed, containing in front on said East Penn Street twenty-five (25) feet and in depth to said alley, one hundred and twenty (120) feet. PROPERTY ADDRESS: 127 EAST PENN STREET, CARLISLE, PA 17013-2435 PARCEL # 02-20-1800-200 File #: 256432 VERIFICATION Nvu- Oa k hereby states thatoshe is'\s3is ? y icl? YrQgiC ?? of BANK OF AMERICA, N.A., Plaintiff in this matter, tha0e he 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 of9er information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: File#: 256432 Name: HOLLINGER Name: Oliv?r Od?ke?ferr Title: ?SSIS uJ??- \J QQL P(`eSi?i11?' BANK OF AMERICA, N.A. File #: 256432 FORM 1 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER BAC HOME LOAN SERVICING, LP Plaintiff(s) VS. PATRICIA HOLLINGER Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE@ISTEVA»A s c? ? r + r- -iC? f1 Civil a --? NOTICE OF RESIDENTIAL MORTGAGE FORECLO`9 ` DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Res fully submitted: Date Ro W. Cusick, Esquire Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? State: Zip: Yes El No ? Listing date: Price: $ Realtor Phone: Yes No Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Type of Loan: How long? Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: How long? State: Zip: Home: Cell: Office: Other: Date You Closed Your Loan: Total Mortgage Payments Amount: $ Date of Last Payment: Included Taxes & Insurance: Primary Reason for Default: Is the loan in Bankruptcy? Yes E] No ? If yes, provide names, location of court, case number & attorney: Assets Home: Other Real Estate Retirement Funds Investments: Checking: Savings: Other: $ Amount Owed: Value: Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. - Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo/Nei . Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. S ndin Money Da /Child Care/Tuit. 1 -1 Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): __ _ Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: Phone: I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past Z bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) FORM 3 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER BAC HOME LOAN SERVICING, LP Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. PATRICIA HOLLINGER Defendant(s) CIVIL REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated (?(1 , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Legal Representative Signature of Defendant Signature of Defendant Date Date Date FORM 4 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER BAC HOME LOAN SERVICING, LP Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION • NO. VS. PATRICIA HOLLINGER Defendant(s) CASE MANAGEMENT ORDER 1. AND NOW, this day of , 2012, the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff v4?}i1r st ?u?obr?f??? '-E ?-IRIFF FILELj-U F IC. : O THE PROTHONf- IA r; i 2011 MAY -8 AM 9: 55 CUMBERLAND COUNTY PENNSYLVANIA Jody S Smith Chief Deputy Richard W Stewart Solicitor Bank of America, NA vs. Patricia Hollinger Case Number 2012-2441 SHERIFF'S RETURN OF SERVICE 04/24/2012 09:05 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on April 24, 2012 at 2105 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Patricia Hollinger, by making known unto herself personally, at 127 E. Penn Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $34.00 April 26, 2012 DENNIS FRY, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (c Cour,Suite Sheid 7elmo aft Inc. Bank of America, N.A. Successor by Merger BAC Home Loan Servicing, L.P., Plaintiff V. Patricia Hollinger, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :Docket No. 2012--244,5- a q 41 Defendant : CIVIL .ACTION- MORTGAGE FORECLOSURE CASE MANAGEMENT ORDER AND NOW, this / May of ? 2012, the defendant/borrower in the -above- captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised -ciliation Conference on 7 of d- 01Z, rt a '.3d in (? ?7 at the Cumberland County Courthouse, Carlisle, Penn sylvan i a. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the Plaintiff lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation 4 Conference ordered may be rescheduled to a later date and/or the date irpon which service of the completed Form 2 is to be made and may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiffiender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, DISTRIBUTION: f Amy Hirakis, Esquire MidPenn Legal Services 401 E. Louther Street, Ste 103 Carlisle, PA 17013 €4' For the Defendant --- "; 4, Robert W. Cusick, Esquire 1617 JFK Boulevard, Ste 1400 One Penn Center Plaza k ' ` = Philadelphia, PA 19103 == - For the Plaintiff &P e5 *'./ ed ?//5/a A-1-e Bank of America, N.A. Successor by Merger BAC Home Loan Servicing, L.P., Plaintiff V. Patricia Hollinger, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2012-2441 CIVIL ACTION- MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Amy Hirakis, Esquire, of MidPenn Legal Services, attorney for the Defendant, Kristina rved Patricia Hollinger, hereby certify that ,:-,e a copy of Form 2- Financial Worksheet on the Plaintiff, through their attorney, on the following date and in the manner indicated below: f U.S. First Class Mail, Postage Pre-Paid C11$ Robert W. Cusick, Esquire C= 1617 JFK Boulevard, Ste 1400 w c -, ; One Penn Center Plaza =r" c= r-- rn - r= Philadelphia, PA 19103 fl c7j 3 DATE: July 2, 2012 . ` N ' C ..r "xi MIDPENN LEGAL SERVICES Amy H' s, Esquire Atto y or Defendant SuprehZ6 Ct. ID # 310094 401 E. Louther Street, Ste 103 Carlisle, PA 17013 (717)243-9400 Bank of America, N.A. Successor by Merger BAC Home Loan Servicing, L.P., IN THE COURT OF COMMON PLEAS . Plaintiff Patricia Hollinger, CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-2441 CIVIL TERM - LAW V. Defendant : CIVIL ACTION-MORTGAGE FORECLOSURE ORDER FOR CONTINUANCE AND NOW, this 174 day of July, 2012, upon consideration of the attached Motion for Cpntinuance, the matter scheduled for conciliation conference on July 24, 2012 at 2:30 p.m., by Judge Kevin A. Hess's Order of June 18, 2012, is hereby continued, and rescheduled for a conciliation conference on / cZG/ a at A! -in in Courtroom No. Y_ on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. By the Court, Kevin . Hess, President Judge Distribution List: ? MidPenn Legal Services, 401 E Louther Street, Carlisle PA 17013 Robert W. Cuswick, Esq., 1617 JFK Blvd., Suite 1400, One Penn Center Plaza, Philadelphia 19L3 -" ?M C Ttr CG?i E?5 ?u • ??'Gl ?JI17?/? '? A r ?'r r vC =IC Bank of America, N.A. Successor by Merger : BAC Home Loan Servicing, L.P., IN THE COURT OF COMMON PLEAS OF Plaintiff Patricia Hollinger, V. CUMBERLAND COUNTY, PENNSYLV. NO. 2012-2441 CIVIL TERM - LA Defendant : CIVIL ACTION-MORTGAGE MOTION FOR CONTINUANCE Defendant, Patricia Hollinger, by and through her attorneys, MidPenn LQ Services, move the Court for an Order continuing the conciliation conference sc ilea for August 16, 2012, at 2:30 p.m. to a later date on the grounds that: - cv 1. Movant is Patricia Hollinger, Defendant in the above captioned MoxtgagtP Foreclosure action. 2. Respondent is Bank of America, N.A. Successor by Merger BAC Home Loan Servicing, L.P., Plaintiff in the above captioned Mortgage-Foreclosure action. 3. . This mortgage foreclosure case is part of the Cumberland County Mortgage Foreclosure Diversion Program. 4. The Honorable Kevin A. Hess scheduled this matter for a conciliation conference on August 16, 2012, at 2:30 p.m. 4. Defendant's counsel is seeking a continuance because Plaintiff has requested additional financial information from Defendant, and Defendant needs time to complete the additional forms and obtain the additional documents. 5. Defendant's counsel contacted the Plaintiff s attorney, Joseph Schalk, Esquire, who concurs with this request, as the lender will need additional time as well in ? order to revidw the new financial information. WHEREFORE, Defendant requests that the Court grant this Motion and continue the conciliation conference for a later date to allow to the Defendant to attend her mandatory job training to secure her new job. Respectfully Submitted, MIDPENN LEGAL SERVICES Y- /0 ( zdZZ?17? Date Amy H' is Atto e for Defendant Atto ey ID No. 310094 401 East Louther Street, Suite 103 Carlisle, PA 17013 717.243.9400 Bank of America, N.A. Successor by Merger : BAC Home Loan Servicing, L.P., : IN THE COURT OF COMMON PLEAS OF Plaintiff V. CUMBERLAND COUNTY, PENNSYLV NO. 2012-2441 CIVIL TERM - LA Patricia Hollinger, Defendant CIVIL ACTION-MORTGAGE FORECLO CERTIFICATE OF SERVICE I, Amy Hirakis, Esquire, of MidPenn Legal Services, attorney for the Defendant, Patricia Hollinger, hereby certify that I have served a copy of Motion for Continuance on the Plaintiff's attorneys in the manner and date indicated below: U.S. First Class Mail. Postaize Pre-Paid Robert W. Cusick, Esq. 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Joseph Schalk, Esq. 126 Locust Street Harrisburg, PA 17101 Respectfully Submitted, MIDP EGA RV IC Date: By: Amy Hir s, Esquire Attorne r Defendant Supre Ct. ID No. 310094 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 0 Bank of America, N.A. Successor by Merger BAC Home Loan Servicing, L.P., Plaintiff v. Patricia Hollinger, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2012-2441 CIVIL TERM -LAW CIVIL ACTION-MORTGAGE FORECLOSURE ORDER FOR CONTINUANCE AND NOW, this /~ day of August, 2012, upon consideration of the attached Motion for Continuance, the matter scheduled for conciliation conference on August 16, 212 at 2:30 p.m., by Judge Kevin A. Hess's Order of July 17, 2012, is hereby continued, and rescheduled for a conciliation conference on ~?7a~~/ oZ-~~- 020~_ at 3~.m in Courtroom No. ~~e 4n~F or of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. By the Court, Kevin A. ess, President Judge _% Distribution List: Y MidPenn Legal Services, 401 E Louther Street, Carlisle PA 17013 / Robert W. Cuswick, Esq., 1617 JFK Blvd., Suite 1400, One Penn Center Plaza, Philadelphia, PA 19103 ~ Joseph Schalk, Esq., 126 Locust Street, Harrisburg, PA 17101 r_a ~~ ~ _~ ~ ~p ~:J...{.,.t ~a <. ,. _ ~ ~ ~ : { .,i ,~. ~ ~ .,",~Y _ BANK OF AMERICA, N.A., SUCCESSOR BY MERGER BAC HOME LOAN SERVICING, L.P., Plaintiff vs. PATRICIA HOLLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 12-2441 CIVIL IN RE: CONCILIATION CONFERENCE c~ c ~ ~°c z r ~~ ao 0 ~ c> ~ ?o D, ~ ca --t _.~ r Present at a conciliation conference held November 8, 2012, were Joseph Schalk, Esquire, attorney for the plaintiff; Jaime Haley, Esquire, attorney for the defendant; and Patricia Hollinger, the homeowner. Heretofore, various documents have been submitted to the lender piecemeal. The parties have agreed that an entire initial package will be prepared again and submitted through counsel within twenty (20) days. Continued conciliation conference will be set by order of even date herewith. ORDER AND NOW, this ~ ~ day of November, 2012, continued conciliation conference in this matter is set for Wednesday, January 16, 2013, at 11:30 a.m. in Chambers of the undersigned. BY THE COURT, ~-~ Kevin .Hess, P. J. sgi~.G NQ~Cy, ~S~ / ~OStp ~ ~~Q l ~ r ~Sl. 2!w ~=, --~~ ~ Y; ~~. ~ ~' n ~' ~~ y 'T"1 o -~-~ ~~ rn :~, Joseph Schalk, Esquire For the Plaintiff Jaime Haley, Esquire For the Defendant :rlm BANK OF AMERICA,N.A., IN THE COURT OF COMMON PLEAS OF SUCCESSOR BY MERGER CUMBERLAND COUNTY, PENNSYLVANIA BAC HOME LOAN SERVICING, L.P., : CIVIL ACTION—LAW Plaintiff NO. 12-2441 CIVIL VS. PATRICIA HOLLINGER, Defendant ORDER AND NOW, this day of April, 2013, continued conciliation conference in this matter is set for Friday, May 31, 2013, at 2:30 p.m. in Chambers of the undersigned. BY THE COURT, Kevin Ayfless, P. J. i /Troy Sellars, Esquire For the Plaintiff /Jaime Haley, Esquire For the Defendant Am rq -:� BANK OF AMERICA,N.A., IN THE COURT OF COMMON PLEAS OF SUCCESSOR BY MERGER CUMBERLAND COUNTY, PENNSYLVANIA BAC HOME LOAN SERVICING, L.P., CIVIL ACTION-LAW Plaintiff NO. 12-2441 CIVIL VS. PATRICIA HOLLINGER, Defendant ORDER AND NOW,this day of June, 2013, continued conciliation conference in this matter is set for Friday, June 28, 2013, at 2:30 p.m. in Chambers of the undersigned. BY THE COURT, Kevi A. Hess, P. J. ✓ Troy Sellars, Esquire For the Plaintiff -I Jaime Haley, Esquire For the Defendant - s :rlm c ESQ t- �m —C cg's .a,a BANK OF AMERICA, N.A., : IN THE COURT OF COMMON PLEAS OF SUCCESSOR BY MERGER : CUMBERLAND COUNTY, PENNSYLVANIA BAC HOME LOAN : c SERVICING, L.P., : CIVIL ACTION—LAW -v3 "' `Tr ,�.._F Plaintiff NO. 12-2441 CIVIL =rri r--• -a -< > N -a cr vs. . r—= • <1=' -v c-; PATRICIA HOLLINGER, • v •• Defendant • _, Q - —9 IN RE: CONCILIATION CONFERENCE Present at a conciliation conference held June 28, 2013, were D. Troy Sellars, Esquire, attorney for the plaintiff; Jaime Haley, Esquire, attorney for the defendant; and Patricia Hollinger, the homeowner. The conciliation of this case has been protracted. This is in part because the necessary documents for review by the bank have not been submitted at the same time and in a timely fashion. In one final attempt to have a review of this matter by the plaintiff,the Bank of America is directed, through counsel, to notify the homeowner as to the nature of any and all documents which remain outstanding. This notification will occur within ten(10) days. Fourteen (14) days thereafter, the defendant will submit the required documentations. Further conciliation will be set by order of even date herewith. This order is entered without prejudice to the plaintiff to file a petition for the removal of the matter from the conciliation program in the event that there is not compliance with the deadlines agreed upon. ORDER AND NOW, this 2 'J day of July, 2013, continued conciliation is set for Friday, 0 , August 30, 2013, at 1:30 p.m. in Chambers of the undersigned. BY THE COURT, ._____.--1 L 4 / Kevin A. ess, P. J. Troy Sellars, Esquire For the Plaintiff - Jaime Haley, Esquire For the Defendant :rlm C 71. iL L 'A/AA 2 BANK OF AMERICA,N.A., IN THE COURT OF COMMON PLEAS OF SUCCESSOR BY MERGER CUMBERLAND COUNTY, PENNSYLVANIA BAC HOME LOAN SERVICING, L.P., CIVIL ACTION—LAW _ - Plaintiff NO. 12-2441 CIVIL MCD Zrn X� , vs. �, PATRICIA HOLLINGER, Defendant a W IN RE: CONCILIATION CONFERENCE Present at a conciliation conference held August 30, 2013, were D. Troy Sellars, Esquire, attorney for the plaintiff; Jaime Haley, Esquire, attorney for the defendant; and Patricia Hollinger, the homeowner. Required submissions have been made to the bank in a timely fashion. The defendant has returned to her employment as a school bus driver and the plaintiff requires several weeks' worth of her earning statements which will not be available until the end of October. Accordingly, a continued conciliation conference will be set more than two (2)months hence. ORDER AND NOW,this' 3 6 ` day of August, 2013, continued conciliation is set for Wednesday,November 6, 2013, at 1:15 p.m. in Chambers of the undersigned. BY THE COURT, Kevin A ess, P. J. 1 ; ✓ Troy Sellars Es wire D. T y q For the Plaintiff Jaime Haley,Esquire For the Defendant :rlm � . BANK OF AMERICA,N.A., : IN THE COURT OF COMMON PLEAS OF SUCCESSOR BY MERGER : CUMBERLAND COUNTY, PENNSYLVANIA. `- BAC HOME LOAN --j SERVICING, L.P., CIVIL ACTION—LAW Zrn o F-= Plaintiff : NO. 12-2441 CIVIL =te'-- "cc .< ttt ca f �.. =-1 o-� • PATRICIA HOLLINGER, • )'' Defendant • .,; u ORDER AND NOW, this S` day of November, 2013, upon consideration of the November 5, 2013, correspondence from Plaintiffs Counsel regarding the denial of Defendant's loan modification application and the representations contained therein, and the record in this case as a whole, it is HEREBY ORDERED: The continued Conciliation Conference previously scheduled for November 6, 2013, is canceled; The instant case is removed from the Court's Mortgage Foreclosure Diversion Program; and The stay associated with the Mortgage Foreclosure Diversion Program is lifted and Plaintiff may proceed with the underlying foreclosure action. BY THE COURT, Kevi A. Hess, P. J. Troy Sellars, Esquire For the Plaintiff aime Haley, Esquire For the Defendant :rlm P2,41 kL 1 ! 5//3 Tilt le'ROT1-10NOTAI 1V-1 iig:R - 3 1!3.414 CLI PEt 4S ALA A �i Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 Attorney For Plaintiff BANK OF AMERICA, N.A. SUCCESSOR BY MERGER BAC HOME LOAN SERVICING, LP Plaintiff v. PATRICIA HOLLINGER Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 12- 2441 -CIVIL PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute GREEN TREE SERVICING LLC as successor Plaintiff for the originally named Plaintiff. Date: The material facts on which the right of succession and substitution are based as follows: GREEN TREE SERVICING LLC is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded on 01/14/2014 in Instrument No. 201401031 of the Recorder of Deeds Office in and for CUMBERLAND County. Kindly amend the information on the docket accordingly. 11.v1(6-( PH # 750266 By: Courtena ' . Dunn, Esq., Id. No.206779 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 Attorney For Plaintiff BANK OF AMERICA, N.A. SUCCESSOR BY MERGER BAC HOME LOAN SERVICING, LP Plaintiff v. PATRICIA HOLLINGER Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 12-2441-CIVIL ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of GREEN TREE SERVICING LLC. Date: PH # 750266 PHELA B Courtenay R. Dunn, Esq., Id. No.206779 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 Attorney For Plaintiff BANK OF AMERICA, N.A. SUCCESSOR BY MERGER BAC HOME LOAN SERVICING, LP Plaintiff v. PATRICIA HOLLINGER Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 12- 2441 -CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe for Substitution of Party Plaintiff and Entry of Appearance were served by regular mail on the person(s) on the date listed below: PATRICIA HOLLINGER 127 EAST PENN STREET CARLISLE, PA 17013-2435 AMY HIRAKIS, ESQUIRE 555 WALNUT STREET FLOOR 5 FORUM PLACE HARRISBURG, PA 17101 MIDPENN LEGAL SERVICES 213 -A NORTH FRONT STREET HARRISBURG, PA 17101 Date: PHEL By: Courtenay R. Dunn, Esq., Id. No.206779 Attorney for Plaintiff ,' dsTt's 6, PHELAN HALLINAN, LLP 2:j t,;±i j -3 Ali 10: 1}7 Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1404 One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 GREEN TREE SERVICING LLC : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS PATRICIA HOLLINGER : CIVIL DIVISION : No. 12-2441-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against PATRICIA HOLLINGER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $124,080.68 TOTAL $124,080.68 I hereby certify that (1) the Defendant's last known address is 127 EAST PENN STREET, CARLISLE, PA 17013-2435, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 2/Z J/l/` � _ Adam H. Davis, Esq., Id. No.203034 Attorne} for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: * 19 w ^ :! PH#750266 PROTHONOTARY µ1 aui 129-11(5k-1 750266 ?4 J - i \3bL ► PHELAN HALLINAN,LLP Attorney for Plaintiff 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 GREEN TREE SERVICING LLC : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION PATRICIA HOLLINGER : No. 12-2441-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant PATRICIA HOLLINGER is over 18 years of age and resides at 127 EAST PENN STREET, CARLISLE, PA 17013-2435. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 1127/7 Y L%'���/`-�"✓�it'' 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 750266 Department of Defense Manpower Data Center Results as of:Feb-27-2014 01:45:27 AM SCRA 3.0 Ir ex Status Report =' '-- /}," Pursuant to Service nembers Civil Relief Act Last Name: HOLLINGER First Name: PATRICIA Middle Name: Active Duty Status As Of: Feb-27-2014 On Active Duty On Active Duty Status Date Active Duty Start Data Active Duty End Date Status Service Component NA NA '-'°Na. NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date ', Active Duty End Date Status Service Component NA NA `No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-tip to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. y • Yitt:itafititir a.t f Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 • GREEN TREE,SERVICING LLC , COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. PATRICIA HOLLINGER NO. 12-2441-CIVIL ' Defendant(s) CUMBERLAND COUNTY , TO: PATRICIA HOLLINGER• 127 EAST PENN STREET • CARLISLE,PA 17013:2435 •DATE OF NOTICE; VI -/ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS.SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN. AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER` IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. • IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION • 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 • By: Enid, Pltc u.Esq., Id. No.315250 Attorney for Plaintiff Phelan Hallinan,LLP 1617.1FK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#750266 , GREEN TREE SERVICING LLC COURT OF COMMON PLEAS • CIVIL DIVISION Plaintiff v. NO. 12-2441-CIVIL PATRICIA HOLLINGER . Dei'endant(s) CUMBERLAND COUNTY , TO: PATRICIA HOLLINGER • CIO AMY HIRAKIS,ESQUIRE • 555 WALNUT STREET •. FLOOR 5 FORUM PLACE HARRISBURG,-PA 11101 , DATE OF NOTICE THIS FIRM IS A DEBT COLLECTOR'ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU 1N AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN. AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TIIAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY. THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE • YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, • IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 / . CARLISLE,PA 17013 (7l7)241- . "66 Emily M.Phelan,Esq.,Id. No.315250 Attorney for Plaintiff Phelan Hallinan.LLP 1617.IFK Boulevard, Suite 1400 One Penn Center Plaza • Philadelphia, PA 19103 • GREEN TREE SERVICING LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION • V.. PATRICIA HOLLINGER - NO. 12-2441-CIVIL Defendant(s) .CUMBERLAND COUNTY • TO: PATRICIA HOLLINGER 'CM MIDPENN LEGAL-SERVICES 213-A NORTH FRONT STREET - HARRISBURG,PA 17101 ,DATE OF NOTICE: . THIS FIRM.IS.A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT.TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN. AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TI li\T PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY. THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND. YOU MAY LOSE YOUR.PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS-AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: ., Emily M. Phelan,Esq., Id. No.315250 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (Rule of Civil Procedure No. 236) - Revised GREEN TREE SERVICING LLC : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS PATRICIA HOLLINGER : CIVIL DIVISION : No. 12-2441-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on 21%\v-f ll . By: • If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 750266 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GREEN TREE SERVICING LLC • COURT OF COMMON PLEAS Plaintiff • • CIVIL DIVISION v. • NO.: 12-2441-CIVIL PATRICIA HOLLINGER • Defendant(s) • CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $124,080.68 Interest from 03/01/2014 to Date of Sale $1,958.40 to ($20.40 per diem) �y, tai TOTAL $126,039.08 p ; Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PH#750266 Er U e. 3� • b (k. z utL_- . 4). 5 C..(, oq .7(12c._ Pi2 26 a3ita, Pg LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the First Ward of the Borough of Carlisle County of Cumberland and State of Pennsylvania,bounded and described as follows,to wit: BEGINNING on the North by an eighteen(18)foot alley,on the East by lot now or formerly of Harry A. Snyder and formerly of George S. Beetem's heirs,on the South by East Penn Street,and on the West by lot now or formerly of the Carlisle Show Company,formerly of Augustus Reed,containing in front on said East Penn Street twenty-five(25)feet and in depth to said alley,one hundred and twenty(120)feet. TITLE TO SAID PREMISES IS VESTED IN Patricia Hollinger, single woman, by Deed from Joseph B. Hare and Pamela S. Hare, h/w, dated 09/21/2007, recorded 09/21/2007 in Instrument Number 200736866. PREMISES BEING: 127 EAST PENN STREET,CARLISLE,PA 17013-2435 PARCEL NO.02-20-1800-200 PHELAN HALLINAN, LLP ;! ;i} 1 t. Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 .4� 1617 JFK Boulevard, Suite 1400 9 , _'3 fAt 10: One Penn Center Plaza , Philadelphia, PA 19103 40 COU` i Adam.Davis @PhelanHallinan.com � € L AS 215-563-7000 GREEN TREE SERVICING LLC : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO.: 12-2441-CIVIL PATRICIA HOLLINGER Defendant(s) : CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled (X) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By Phelan Hallinan,LLP Adam H.Davis,Esq.,Id. No.203034 Attorney for Plaintiff GREEN TREE SERVICING LLC Y COURT OF COMMON PLEAS Plaintiff •• D. - 3 Ali J CIVIL DIVISION V. •• 'i�l � ' 1 • NO.: 12-2441-CIVIL PATRICIA HOLLINGER PEN NSYLV,P i1A Defendant(s) •• • CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 GREEN TREE SERVICING LLC,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 127 EAST PENN STREET,CARLISLE,PA 17013-2435. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) PATRICIA HOLLINGER 127 EAST PENN STREET CARLISLE,PA 17013-2435 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) PATRICIA HOLLINGER 127 EAST PENN STREET CARLISLE,PA 17013-2435 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained, please indicate) None. PH#750266 r 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 127 EAST PENN STREET CARLISLE,PA 17013-2435 PATRICIA HOLLINGER 555 WALNUT STREET FLOOR 5 FORUM C/O AMY HIRAKIS,ESQUIRE PLACE HARRISBURG,PA 17101 PATRICIA HOLLINGER 401 EAST LOUTHER STREET C/O JAIME HALEY,ESQUIRE SUITE 103 CARLISLE,PA 17013 PATRICIA HOLLINGER 213-A NORTH FRONT STREET C/O MIDPENN LEGAL SERVICES HARRISBURG,PA 17101 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 PATRICIA HOLLINGER 213-A NORTH FRONT STREET C/O NICK MATASH,ESQUIRE HARRISBURG,PA 17101 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: 7 77/! By: // de , 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 PH#750266 GREEN TREE SERVICING LLC : COURT OF COMMON PLEAS s + 3 �¢?MI t0: 52 r i 3 f L A H COUNT 1� Plaintiff : CIVIL DIVISION PE ' SYLVANIA vs NO.: 12-2441-CIVIL PATRICIA HOLLINGER Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: PATRICIA HOLLINGER 127 EAST PENN STREET CARLISLE, PA 17013-2435 **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 127 EAST PENN STREET, CARLISLE,PA 17013-2435 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$124,080.68 obtained by GREEN TREE SERVICING LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-2441-CIVIL GREEN TREE SERVICING LLC v. PATRICIA HOLLINGER owner(s) of property situate in the BOROUGH OF CARLISLE, 1sT WARD, CUMBERLAND County, Pennsylvania, being 127 EAST PENN STREET, CARLISLE, PA 17013-2435 Parcel No. 02-20-1800-200 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $124,080.68 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the First Ward of the Borough of Carlisle County of Cumberland and State of Pennsylvania,bounded and described as follows,to wit: BEGINNING on the North by an eighteen(18)foot alley,on the East by lot now or formerly of Harry A. Snyder and formerly of George S. Beetem's heirs,on the South by East Penn Street,and on the West by lot now or formerly of the Carlisle Show Company,formerly of Augustus Reed,containing in front on said East Penn Street twenty-five(25)feet and in depth to said alley,one hundred and twenty(120)feet. TITLE TO SAID PREMISES IS VESTED IN Patricia Hollinger, single woman, by Deed from Joseph B. Hare and Pamela S. Hare, h/w, dated 09/21/2007, recorded 09/21/2007 in Instrument Number 200736866. PREMISES BEING: 127 EAST PENN STREET,CARLISLE,PA 17013-2435 PARCEL NO.02-20-1800-200 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-2441 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GREEN TREE SERVICING LLC Plaintiff(s) From PATRICIA HOLLINGER (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: $124,080.68 L.L.: $.50 Interest 3/1/2014 TO DATE OF SALE($20.40 PER DIEM)-$1,958.40 Atty's Comm: Due Prothy: $2.25 Atty Paid: $192.25 Other Costs: Plaintiff Paid: Date:3/3/14 David D.Buell,Prothonota (Seal) / - - - !i_ Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for:PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 203034 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY GREEN TREE SERVICING LLC PH # 750266 DEFENDANT SERVICE TEAM/ lxh PATRICIA HOLLINGER COURT NO.: 12 -2441 -CIVIL SERVE PATRICIA HOLLINGER AT: 127 EAST PENN STREET CARLISLE, PA 17013-2435 SERVED TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 Served and made known to PATRICIA HOLLINGER, Defendant on the 1 D day of 4p/2t 1- S' 3S, o'clock . M., at I2T E. P€,v,i 7, (L& PA , in the manner described below: _ Defendant personally served. Adult family member with whom Defendant(s) reside(s). i '' __ Relationship is - a r Adult in charge of Defendant's residence who refused to give name or relationship. rn Manager/Clerk of place of lodging in which Defendant(s) reside(s). X rrn --- - Agent or person in charge of Defendant's office or usual place of business. Cn i� l -G> Lei cm'' r n an officer of said Defendant's company. r— ---t c� Other: l O- 1 TfiN T CI -.. Z©.t Description: Age 30c Height Sib „ Weight 2-23" Race IA/ Sex AA Other A C w c. Ronald Moll x I, , a competent adult, hereby verify that I personally handed a true and correet-boel f 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. , 20 14 , at DATE: NAME: PRINTED NAME: Ronald Moll TITLE: Process Server NOT SERVED On the day of, 20 at o'clock . M., I, , a competent adult hereby state that Defendant NOT FOUND because: Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 2165 PHELAN HALLINAN, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 John.Kolesnik@phelanhallinan.com 215-563-7000 —8 Att`o1-lte} or Plaintiff \LM NU COUn�;;TY PENNSYLVANIA. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE SERVICING LLC Plaintiff, v. PATRICIA HOLLINGER Defendant(s) CUMBERLAND COUNTY • • COURT OF COMMON PLEAS CIVIL DIVISION . No.: 12 -2441 -CIVIL 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 jto V ibit "A". Date: 5/7/m Joh ichael Kolesnik, Esq., Id. No.308877 A rney 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 # 750266 GREEN TREE SERVICING LLC Plaintiff V. PATRICIA HOLLINGER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 12 -2441 -CIVIL CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Green Tree Servicing LLC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 127 East Penn Street, Carlisle, PA 17013-2435. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) PATRICIA HOLLINGER 127 EAST PENN STREET, CARLISLE, PA 17013- 2435 2. Name and address of Defendant(s) in the judgment: Name PATRICIA HOLLINGER Address (if address cannot be reasonably ascertained, please so indicate) 127 EAST PENN STREET CARLISLE, PA 17013-2435 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) CUMBERLAND VALLEY CHIROPRACTIC AND WELLNESS CUMBERLAND VALLEY CHIROPRACTIC AND WELLNESS C/O CHRISTOPHER RICE 40 BROOKWOOD AVENUE CARLISLE, PA 17015 MARTSON DEARDORFF ET AL 10 E HIGH STREET CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) PH # 750266 None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 127 EAST PENN STREET CARLISLE, PA 17013-2435 PATRICIA HOLLINGER C/O AMY HIRAKIS, 555 WALNUT STREET FLOOR 5 FORUM ESQUIRE PLACE HARRISBURG, PA 17101 PATRICIA HOLLINGER C/O JAIME HALEY, 401 EAST LOUTHER STREET ESQUIRE SUITE 103 CARLISLE, PA 17013 PATRICIA HOLLINGER CIO MIDPENN 213-A NORTH FRONT STREET LEGAL SERVICES HARRISBURG, PA 17101 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 NICK MATASH, ESQUIRE 213-A NORTH FRONT STREET HARRISBURG, PA 17101 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: J*, PH # 750266 By: inan, LLP ichael Kolesnik, Esq., Id. No.308877 orney for Plaintiff HELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Name and Address Of Sender Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/JSG - 06/04/2014 SALE Line Article Number Name of Addressee, Street, and Post Office Address Postage 1 **** CUMBERLAND VALLEY CHIROPRACTIC AND WELLNESS 40 BROOKWOOD AVENUE CARLISLE, PA 17015 50.48 2 **** CUMBERLAND VALLEY CHIROPRACTIC AND WELLNESS CIO CHRISTOPHER RICE MARTSON DEARDORFF ET AL 10 E HIGH STREET CARLISLE, PA 17013 50.48 RE: PATRICIA HOLLINGER (CUMBERLAND) PH # 750266/1026 Page 1 of 1 45 Day S0.96 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 requkod on ill domestic and international registered for the reconstruction of nonnegotiable documents under Express Mail document piece subject to a limit of 5500,000 per occurrence. The maximum indemnity payable The maximum indemnity payable is 525,000 Re registered mail, sent with optional 8900 5913 and 5921 for limitations of coverage. mail. The ma reconstruction is on Express insurance. Ser Form 3877 Facsimile PH # 750266 Name and Address Of Sender Phelan Hallinan, LLP 1111111 1617 JFK Boulevard, Siite 140 One Penn Center Plaza Philadelphia, PA 1910 AZK/CET - 06/04/2014 SALE Line Article Number Name of Addressee, S eet, an Post Office Address Postage 1 **** TENANT/OCCUPAN 127 EAST PENN S ET • CARLISLE, PA 1701 2435 $0.47 w ILOV, c eA illi 2 **** PATRICIA ROLLIN t ER C/ AMY HIRAKIS, ESQUIRE 555 WALNUT STRE a FLO R 5 FORUM PLACE HARRISBURG, PA 1 101 $0.47 t� is 2, ;'' 3 **** PATRICIA ROLLIN el R C/ JAIME HALEY, ESQUIRE 401 EAST LOUTHER . TREE SUITE 103 CARLISLE, PA 17013' $0.47? r, k' 4 **** PATRICIA ROLLING R C/O 213-A NORTH FRON 1 STRE HARRISBURG, PA 17 01 PENN LEGAL SERVICES -`-'M $0.47, ,�;� • �JTM•s. 5 **** Domestic Relations of� Cumberland County 13 North Hanover Str = Coo, PA $0.47 't •` •. r ` I .-.. 6 **** Commonwealth oPe, . ylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 $0.47 I_S'_4' T 7 **** Internal Revenue Servi Adviso 1000 Liberty Avenue R ' m 704 Pittsburgh, PA 15222 $0.47 8 **** U.S. Department of Justi U.S. Attorney for the Mi . Federal Building 228 Walnut Street, Suite PO Box 11754 Harrisburg, PA 17108-17.4 e dle Dis 0 ict of PA $0.47 9 **** PATRICIA HOLLINGE 213-A North Front Street HARRISBURG1 PA 1710 CIO N k Matash, Esquire $0.47 . or ! 1s ' ii 0;. at ;A:s+p'e i a I ,r 1 _ b rte.,-- .- $413 • Total Number of Pieces Listed by Sender Total Number of Pieces Rc uived at Post Office Pestmast Per (Name of Receiving mploycc) The full declaration of value is required M 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 of $500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is 5500. The maximum indemnity payable is 525.000 for registered mall. sent with optional insurance. Sec Domestic Mail Manual R900 S913 and S92I for limitations of eavcrage. Form 3877 Facsimile t. 'Epi? 0714',iti Phelan Hallinan, LLP ' f Jonathan M. Etkowicz, Esq., Id. No.2087g6 T (LLTTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 C U1BEPL A ND One Penn Center Plaza F 1JP�S y y,Q@A j t� Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 GREEN TREE SERVICING LLC Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County PATRICIA HOLLINGER No.: 12 -2441 -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 April 20, 2012. 2. Judgment was entered on March 3, 2014 in the amount of $124,080.68. 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. 4. The Property is listed for Sheriffs Sale on June 4, 2014. 750266 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 June 4, 2014 Legal fees Cost of Suit and Title Property Inspections Escrow Deficit $102,612.46 $33,736.42 $2,900.00 $722.38 $260.00 $14,383.39 TOTAL $154,614.65 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 May 22, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs 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 Conciliation Conference Outcome dated November 5, 2013. 750266 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP Jonath T M. Etkowicz, Esquire RNEY FOR PLAINTIFF 750266 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 GREEN TREE SERVICING LLC Plaintiff v. PATRICIA HOLLINGER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -2441 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES L BACKGROUND OF CASE PATRICIA HOLLINGER 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 127 EAST PENN STREET, CARLISLE, PA 17013-2435. 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 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 750266 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 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, 750266 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 fmancial 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 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). 750266 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 Sheriff's 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. 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. 750266 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 Plaintiffs 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 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. 750266 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 Sheriff's 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 Sheriff's 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 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. 750266 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. 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 750266 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. DATE: By: Phelan Hallinan, LLP M. tkowicz, Esquire y for Plaintiff 750266 Exhibit "A" 750266 Tt1L� TAivV i TNS fO NO PHELAN HALLINAN, L� AM IQ: 4I Adam H. Davis, Esq., In 0 4 1617 JFK Boulevard, St6Millt LAWCOUNTY One Penn Center Plaza pENNSYINANIA Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 GREEN TREE SERVICING LLC Attorney for Plaintiff : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS ,•I' ;t : No. 12 -2441 -CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO - ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY:•r, CO Kindly enter judgment in favor of the lai against PATRICIA HOLLINGER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL I hereby certify that (1) the Defendant's -C\C3 Y --t'1/4! EAST PENN E£�T, CARLISLE, PA 17013-2435, and (2) that notice has been given in accordance with $124,080.68 r411-10 0.68 Rule Pa.R.C.P 237.1. Date 2/17/M4 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PH # 750266 44\ PROTHONOTARY 750266 Exhibit "B" 750266 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 May 14, 2014 Nick Matash, Esquire 213-A North Front Street HARRISBURG, PA 17101 RE: GREEN TREE SERVICING LLC v. PATRICIA HOLLINGER Premises Address: 127 EAST PENN STREET CARLISLE, PA 17013 CUMBERLAND County CCP, No. 12 -2441 -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 5/19/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Etkowicz, Esq., Id. No.208786 ey for Plaintiff 750266 Name and. Address Of Sender Phelan7 nan, LLP 1617 1617 JFKK Boulevard, Suite 1400 One Penn Center Plaza Philadelphla, PA 19103 JOH Line Article Number Name of Addressee, Street, and Post Office Address Postage 1 **** PATRICIA HOLLINGER 127 EAST PENN STREET CARLISLE, PA 17013-2435 $0.47 2 **** Nick Matash, Esquire 213-A North Front Street HARRISBURG, PA 17101 $0.47 RE: PATRICIA HOLLINGER (CUMBERLAND) PH # 750266/1200 Page 1 of 1 $0.94 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. Themaxin for the reconstruction of nonnegotiable documents under Express Mail document reconstruction instil piece subject to a limit of $500,000 per occurrence. The maximum indemnity payable on Express Mi The maximum indemnity payable is 525,000 for registered mail, sent with optional insurance. See 0 R900 S913 and S92I for limitations of coverage. arm 3877 Facsimile 750266: Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 GREEN TREE SERVICING LLC Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. PATRICIA HOLLINGER 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. Nick Matash, Esquire 213-A North Front Street HARRISBURG, PA 17101 DATE: ,57/221 1/14 Phel By: Jo AT CUMBERLAND County No.: 12 -2441 -CIVIL al nan, LLP an M. Etkowicz, Esquire RNEY FOR PLAINTIFF 750266 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GREEN TREE SERVICING LLC Plaintiff v. PATRICIA HOLLINGER Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -2441 -CIVIL RULE AND NOW, this 7 4 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. CO l'ES . e4104.)1.0,_ A IQ. P2a6sk. L/a iy 750266 Jonathan M. Etkowicz, Esq., Id. No.208786 Phelan HaIlinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 Nick Matash, Esquire 213-A North Front Street HARRISBURG, PA 17101 750266 750266 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFCF„ OF "t±ig S!.?EERIFF 4t (� i. RI V ii JUL 1© AM 8: 6 7 CUMBERLAND COUNTY PENNSYLVANIA Green Tree Servicing, LLC vs. Patricia Hollinger Case Number 2012-2441 SHERIFF'S RETURN OF SERVICE 03/25/2014 04:23 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 127 East Penn Street, Carlisle - Borough, Carlisle, PA 17013, Cumberland County. 04/03/2014 12:30 PM - Deputy Amanda Ebersole, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Patricia Hollinger at 127 E. Penn Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 06/04/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse 1 Courthouse Square Carlisle Pa, 17013 at 1000 am on June 4, 2014. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of , Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $802.34 SO ANSWERS, June 20, 2014 RONR ANDERSON, SHERIFF (c) CountySL Sherif', Teleosoft. Inc. 94,979 ,1 3033,c M Li— ..' LIJ X - Date: March 3, 2014 La. J ( cc (....1. On March 3, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as 127 East Penn Street, Carlisle, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. z N- By: a,Ltoft__, Real Estate Coordinator LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2012-2441 Civil Term Green Tree Servicing LLC vs. Patricia Hollinger Atty.: Joseph Schalk By virtue of a Writ of Execution No. 12 -2441 -CIVIL GREEN TREE SERVICING LLC v. PATRICIA HOL- LINGER owner(s) of property situate in the BOROUGH OF CARLISLE, 1ST WARD, CUMBERLAND County, Pennsylvania, being 127 EAST PENN STREET, CARLISLE, PA 17013-2435. Parcel No. 02-20-1800-200. Improvements thereon: RESIDEN- TIAL DWELLING. 67 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 18, April 25 and May 2, 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. r-. Lisa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 2 day of May, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARUSLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 The Patriot -News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 iie Patriot 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. PUBLICATION COPY 2012-2441 CMI Term Green Tree Servicing LLC Vs Patricia Hollinger Atty: Joseph Schalk By virtue of a Writ of Execution No. 12 -2441 -CIVIL GREEN TREE SERVICING LLC v. PATRICIA HOLLINGER owner(s) of property situate in the BOROUGH OF CARLISLE, 1ST WARD, CUMBERLAND County, Pennsylvania, being 127 EAST PENN STREET, CARLISLE, PA 17013-2435 Parcel No. 02-20-1800-200 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING This ad ran on the date(s) shown below: 04/13/14 04/20/14 • 04/27/14 is f day of May, 014 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington TWp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mtg Assoc is the grantee the same having been sold to said grantee on the 4th day of June A.D., 2014, under and by virtue of a writ Execution issued on the 3rd day of March, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 2441, at the suit of Green Tree Servicing LLC against Patricia Hollinger is duly recorded as Instrument Number 201414931. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of ,A.D. Q0 -f CVAA WJIil,(911) Recorder of Dees Recorder of Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018