The URL can be used to link to this page

Home My WebLink About12-2442 Q o ~_ O 4 ZQ - c c? ` -+ r) ;, c - PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 289352 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. GARY R. DAUM CYNTHIA J. DAUM 1039 OYSTER MILL ROAD CAMP HILL, PA 17011-1002 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. )o9 -Dy" Nil CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 289352 C?D . CKN-USalBU 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 #: 289352 I. Plaintiff is BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: GARY R. DAUM CYNTHIA J. DAUM 1039 OYSTER MILL ROAD CAMP HILL, PA 17011-1002 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/21/2007, GARY R. DAUM and CYNTHIA J. DAUM made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR ADVANCED FINANCIAL SERVICES, INC which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1994, Page 3585. By Assignment of Mortgage recorded 12/05/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201133586. 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 premise File #: 289352 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage as of 01/24/2012: Principal Balance $112,308.98 Interest $9,847.70 01 /01 /2011 through 01 /24/2012 Late Charges $1,018.89 Property Inspections $150.00 Escrow Deficit $1,731.34 TOTAL $125,056.91 7. 8. Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. File #: 289352 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $125,056.91, 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. PHELANJLLINAN & SCHMIEG, LLP By: for Plaintiff Esquire File #: 289352 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows: to wit: BEGINNING at a point in the public road, Route No. T-649, at corner of lands of W.S. Harder; thence, northwardly along the center of said public road, a distance of thirty-five (35) feet to a point at land now or formerly of Harry R. Wilbert; thence, eastwardly along said Wilbert land, a distance of one hundred ninety-six (196) feet to Conodoguinet Creek; thence, southwardly along Creek, a distance of thirty-five (35) feet to land of W.S. Harder; thence, westwardly along land said W. S. Harder, a distance of one hundred ninety-seven (197) feet to a point in the public road, the place of BEGINNING. HAVING THEREON ERECTED a two story frame dwelling house known and numbered as 1039 Oyster Mill Road. UNDER AND SUBJECT, nevertheless, to building and use restrictions applicable to said premises under instruments of prior record, excepting those, if any, imposing restrictions upon sale or occupancy on the basis of race, creed or color, which it is expressly intended shall not be imposed or reimposed hereby. BEING THE SAME PREMISES which Clifford R. Koppenheffer and Ethel V. Koppenheffer, his wife, by Deed dated and recorded September 26, 1957 in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, bounded and described as follows, to wit: ALL THAT CERTAIN tract or piece of land situate in Ease Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: Beginning at a point in the center of a public road at the northwest corner of land now it formerly of McClure; thence northwardly along the middle of said road, 100 feet to a point; thence eastwardly 200 feet, more or less, to the Conodoguinet Creek; thence southwardly, down the west bank of said creek 100 feet, more or less, to a point; thence south, 72.5 degrees west. 205 feet, more or less, to the Place of BEGINNING. BEING THE SAME PREMISES which Joseph P. Maskalunas and Alma M. Maskalunas, his wife, formerly Alma M. Rhinehart, by DEED dated October 18, 1979 and recorded December 20, 1979 in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book U-28, Page 413, granted and conveyed unto David F. Gardner, Sr. and Dorothy M. Gardner, his wife. And the said David F. Gardner, Sr., died April 19, 1993, thereby vesting his interest to Dorothy M. Gardner, his wife, Grantor herein. PROPERTY ADDRESS: 1039 OYSTER MILL ROAD, CAMP HILL, PA 17011-1002 PARCEL # 09-17-1040-026 File #: 289352 VERIFICATION hereby states that h s e -s of BANK OF AMERICA, N.A., Plaintiff in this matter, that he/ he authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his er information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: Z/- l 3-O)LIA File#: 289352 Name: DAUM V 0 1 ?, Ly-: i - ";?? ame. /V ?l 5 SC, C 5 5 Title: BANK OF AMERICA, N.A. Sri, , a File #: 289352 •Pa.R.C.P. 205.5 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff(s) vs. GARY R. DAUM CYNTHIA J. DAUM Defendant(s) FORM 1 Updated 01/01/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 3w ° `' - t r va rv n CD ? Id -a'-/%? :-? 72. Qom, Civil NOTICE OF RESIDENTIAL MORTGAGE DIVERSION PROGRAM FORECLOVUE 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. lq 1-n o- Date 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? Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Type of Loan: State: Zip: Yes El No [I Listing date: Price: $ Realtor Phone: Yes [-I No ? Home: Cell: State: Zip: Office: Other: How long? State: Zip: Home: Cell: Office: Other: How long? Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Home: Other Real Estate: Retirement Funds: Investments: Checking: Savings: Other: $ Amount Owed: Automobile #1: Model: Value: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles. boats. motorcvcles): Model: Year: Amount owed: Value Year: Year: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): I. 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/re airs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Money Da /Child Care/Tuit. 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 2 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 TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff(s) VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL GARY R. DAUM CYNTHIA J. DAUM Defendant(s) REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. 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 TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff(s) vs. GARY R. DAUM CYNTHIA J. DAUM Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. CASE MANAGEMENT ORDER 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: 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, 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. 3. The defendantiborrower 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 Jody S Smith Chief Deputy Richard W Stewart Solicitor Bank of America, NA vs. Gary R. Daum (et al.) i>> .LEU-O F 1CL. ,j THE PROTHOPI ATi 2312 MAY -8 AM 9: 55, CUPE NN YLT Y VANA Case Number 2012-2442 SHERIFF'S RETURN OF SERVICE 04/23/2012 05:23 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on April 23, 2012 at 1723 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: Gary R. Daum, by making known unto himself personally, at 1039 Oyster Mill Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. DENNIS F Y, DEPUTY 04/23/2012 05:23 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on April 23, 2012 at 1723 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: Cynthia J. Daum, by making known unto herself personally, at 1039 Oyster Mill Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $59.00 April 26, 2012 DENNI FRY, DEPU SO ANSWERS, WON R ANDERSON, SHERIFF (o; Gourlty8uite Shentf, Ieleosott. Inc_ iLED-OFFICE PHELAN HALLINAN, LLP Attorney for Plaintiff � JUG Adam H. Davis, Esq., Id. No.203034 j AM 10-- 44 1617 JFK Boulevard, Suite 1400 CU08ERL A N[) COUNTY One Penn Center Plaza PENNS YLV Philadelphia, PA 19103 APdI/a 215-563-7000 BANK OF AMERICA, N.A., CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING LP CIVIL DIVISION VS. No. 12-2442-CIVIL GARY R.DAUM CYNTHIA J.DAUM 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 GARY R. DAUM and CYNTHIA J. DAUM, 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 $125,056.91 TOTAL $125,056.91 I hereby certify that (1) the Defendants'last known address is 1039 OYSTER MILL ROAD, CAMP HILL, PA 17011-1002, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date <i'-�'l�r"'t Adam H. Davis, Esq., Id. No.203034 Attorney Plain DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: � Il .a PHS#289352 PROTHONOTARY 289352 LA th Ck-tk 131 ! r2-4-.?R 1-71t( `�06h U W i d 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 215-563-7000 BANK OF AMERICA, N.A., CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC COURT OF COMMON PLEAS HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS CIVIL DIVISION SERVICING LP No. 12-2442-CIVIL VS. GARY R.DAUM CYNTHIA J. DAUM 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) is/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 of Congress of 1940, as amended. (b) that defendant GARY R. DAUM is over 18 years of age and resides at 1039 OYSTER MILL ROAD, CAMP HILL, PA 17011-1002. (c) that defendant CYNTHIA J. DAUM is over 18 years of age and resides at 1039 OYSTER MILL ROAD, CAMP HILL, PA 17011-1002. This statement is made subject to the penalties of 1.8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Phelan Hallinan;LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1.400 289352 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 289352 A Department of Defense Manpower Data Center Results as of:Jun-10-2013 0196:02 SCRA 3.0 Status Re}�ott L' p r Pursuant to Sery cemembers Civil Relicf Act Last Name: DAUM First Name: GARY Middle Name: R. Active Duty Status As Of: Jun-10-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No 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-Up 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. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236) -Revised BANK OF AMERICA, N.A.,SUCCESSOR CUMBERLAND COUNTY BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE COURT OF COMMON PLEAS HOME LOANS SERVICING LP VS. CIVIL DIVISION GARY R.DAUM No. 12-2442-CIVIL CYNTHIA J. DAUM Notice is given that a Judgment in the above captioned matter has been entered against you on i l h : B w Y 3OAoOgP 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 xY 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 ALIEN AGAINST PROPERTY." 289352 BANK OF AMERICA, N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, COURT OF COMMON PLEAS LP FKA COUNTRYWIDE HOME LOANS CIVIL DIVISION SERVICING LP V. Plaintiff NO. 12-2442-CIVIL GARY R.DAUM CUMBERLAND COUNTY CYNTHIA J.DAUM TO: GARY R.DAUM Defendant(s) 1 1039 OYSTER MILL ROAD CAMP HILL,PA 17011-1002 DATE OF NOTICE: -1/-Z-<�3 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 APPEARANCE PERSONALLY OR BY ATTORNEY WRITTEN AND IN WRITING WITH THE COURT FILE YOUR DEFENSES OR OBJECTIONS 1'O THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED IMPORTANT RIGHTS,AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ft.I A;1A�yt�12, Uo '1'O OR TI L.I P€i(J1V1ti 7`1-1;E,C}FF1C 1� t CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING AILAWYERI BELOW. TI-IIS 1�1 ( I.C;1� 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 I Courthouse Square ASSOCIATION CUMBERLAND COUCarlisle, TTY COURTHOUSE 170]3 2 LIBERTY AVENUE (717)240 40-6195 CARLISLE,PA 17013 (717)249-3166 By:— Jo ran Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,.LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#289352 BANK OF AMERICA,N.A.,SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION LP FKA COUNTRYWIDE HOME LOANS SERVICING LP NO. 12-2442-CIVIL Plaintiff V. CUMBERLAND COUNTY GARY R.DAUM CYNTHIA J.DAUM Defendant(s) TO: CYNTHIA J.DAUM 1039 OYSTER MILL ROAD CAMP HILL,PA 17011-1002 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 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 I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: Joizhan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#289352 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME COURT OF COMMON PLEAS LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICINGLP CIVIL DIVISION Plaintiff NO.: 12-2442-CIVIL V. GARY R.DAUM CUMBERLAND COUNTY CYNTHIA J.DAUM Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $125,056.91 Interest from 06/12/2013 to Date of Sale $3,618.56 ($20.56 per diem) TOTAL $128,675.47 Phelan Hallinan,L P Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PHS#289352 M. C:= r-- �. nnpp � b? TS u « I � . SO a olef S Wf� �� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff V. GARY R.DAUM CYNTHIA J.DAUM Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: Address where papers may be served: Phelan Hallinan,LL GARY R.DAUM P 1039 OYSTER MILL ROAD Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff CAMP HILL,PA 17011-1002 CYNTHIA J.DAUM 1039 OYSTER MILL ROAD CAMP HILL,PA 17011-1002 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro,County of Cumberland,and State of Pennsylvania,more particularly bounded and described as follows: to wit: BEGINNING at a.point in the public road,Route No.T-649,at comer of lands of W.S.Harder;thence, northwardly along the center of said public road,a distance of thirty-five(35)feet to a point at land now or formerly of Harry R.Wilbert;thence,eastwardly along said Wilbert land,a distance of one hundred ninety- six(196)feet to Conodoguinet Creek;thence,southwardly along said Creek,a distance of thirty-five(35)feet to land of W.S.Harder;thence,westwardly along land of said W.S.Harder,a distance of one hundred ninety-seven(197)feet to a point in the public road,the place of BEGINNING. HAVING THEREON ERECTED a two story frame dwelling house known and numbered as 1039 Oyster Mill Road. UNDER AND SUBJECT,nevertheless,to building and use restrictions applicable to said premises under instruments of prior record,excepting.those,if any,imposing restrictions upon sale or occupancy on the basis of race,creed or color,which it is expressly intended shall not be imposed or reimposed hereby. ALL THAT CERTAIN tract or piece of land situate in East Pennsboro Township,Cumberland County, Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point in the center of a public road at the northwest corner of land now or formerly of McClune;thence northwardly along the middle of said road,100 feet to a point;thence eastwardly 200 feet, more or less,to the Conodoguinet Creek;thence southwardly,down the west bank of said creek 100 feet, more or less,to a point;thence south,72.5 degrees west,205 feet,more or less,to the Place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Gary R. Daum and Cynthia J.Daum,h/w,by Deed from Dorothy M. Gardner,widow, dated 07/15/1993, recorded 07/20/1993 in Book 36 K,Page 435. PREMISES BEING: 1039 OYSTER MILL ROAD,CAMP HILL,PA 17011-1002 PARCEL NO. 1: 09-17-1040-028 PARCEL NO.2: 09-17-1040-026 PHELAN HALLINAN, LLP r F`L PR E U-O F P 1 C ff Adam H. Davis, Esq., Id. No.203034 flr Tli(' OTHONOTARY Attorneys for Plaintiff 1617 JFK Boulevard, Suite 1400 2013 AN I I AN 10: 41 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY 215-563-7000 PENNSYLVANIA BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC COURT OF COMMON PLEAS HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING LP CIVIL DIVISION Plaintiff NO.: 12-2442-CIVIL V. GARY R. DAUM CUMBERLAND COUNTY CYNTHIA J. DAUM Defendant(s) 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 (X) Act 91 procedures have been fulfilled ( ) 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. Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING LP CIVIL DIVISION Plaintiff NO.: 12-2442-CIVIL V. GARY R. DAUM CUMBERLAND COUNTY CYNTHIA J.DAUM Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING LP,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 1.039 OYSTER MILL ROAD,CAMP HILL,PA 17011-1002. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) GARY R.DAUM 1039 OYSTER MILL ROAD CAMP HILL,PA 17011-1002 Cn T C w y CYNTHIA J.DAUM 1039 OYSTER MILL ROAD CAMP HILL,PA 17011-1002r*a C U` O� D 2. Name and address of Defendant(s)in the judgment: r Name Address(if address cannot be reasonably ascertained,please so indicate) �C C GARY R.DAUM 1039 OYSTER MILL ROAD )> CAMP HILL,PA 17011-1002 , ...t CYNTHIA J.DAUM 1039 OYSTER MILL ROAD ` CAMP HILL,PA 1.7011-1002 '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) MIDLAND FUNDING,LLC. 8875 AERO DRIVE SAN DIEGO,CA 92123 MIDLAND FUNDING,LLC. EDWIN A.ABRAHAMSEN &ASSOCIATES, C/O MICHAEL F.RATCHFORD,ESQUIRE P.C. 120 NORTH KEYSER AVENUE SCRANTON,PA 18504-9701 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: PHS #289352 t n 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. 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 1039 OYSTER MILL ROAD CAMP HILL,PA 17011-1002 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: U10// By: �ljir'�- Phelan Hallinan,LLP Adam H.Davis,Esq.,Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1.400 One Penn Center Plaza,Philadelphia,PA 1.9103 21.5-563-7000 PHS #289352 BANK OF AMERICA, N.A.,SUCCESSOR BY MERGER TO COURT OF COMMON PLEAS BA-0C- HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING LP CIVIL DIVISION Plaintiff NO.: 12-2442-CIVIL VS. CUMBERLAND C( J1Y �n GARY R.DAUM CYNTHIA J. DAUM � c`-_- ''�t-,Defendant(s) �rr-- -<3- z gyp ' 8-n NOTICE OF SHERIFF'S SALE OF REAL PROPERTY C TO: GARY R. DAUM CYNTHIA J. DAUM 1039 OYSTER MILL ROAD 1039 OYSTER MILL ROAD CAMP HILL,PA 17011-1002 CAMP HILL,PA 17011-1002 "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 1039 OYSTER MILL ROAD, CAMP HILL,PA 17011-1002 is scheduled to be sold at the Sheriff's Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$125,056.91 obtained by BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME'LOANS SERVICING LP(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 (1.0) 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. 12-2442-CIVIL BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING LP V. GARY R. DAUM CYNTHIA J.DAUM owner(s)of property situate in the TOWNSHIP OF EAST PENNSBORO, CUMBERLAND County, Pennsylvania, being 1039 OYSTER MILL ROAD, CAMP HILL, PA 17011-1002 Parcel No.1:09-17-1040-028 Parcel No.2: 09-17-1040-026 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $125,056.91 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro,County of Cumberland,and State of Pennsylvania,more particularly bounded and described as follows: to wit: BEGINNING at a point in the public road,Route No.T-649, at corner of lands of W.S.Harder;thence, northwardly along the center of said public road,a distance of thirty-five(35)feet to a point at land now or formerly of Harry R.Wilbert;thence,eastwardly along said Wilbert land,a distance of one hundred ninety- six(1.96)feet to Conodoguinet Creek;thence, southwardly along said Creek,a distance of thirty-five(35)feet to land of W.S.Harder;thence,westwardly along land of said W.S. Harder,a distance of one hundred ninety-seven(197)feet to a point in the public road,the place of BEGINNING. HAVING THEREON ERECTED a two story frame dwelling house known and numbered as 1.039 Oyster Mill Road. UNDER AND SUBJECT,nevertheless,to building and use restrictions applicable to said premises under instruments of prior record,excepting those,if any,imposing restrictions upon sale or occupancy on the basis of race,creed or color,which it is expressly intended shall not be imposed or reimposed hereby. ALL THAT CERTAIN tract or piece of land situate in East Pennsboro Township,Cumberland County, Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point in the center of a public road at the northwest corner of land now or formerly of McClune;thence northwardly along the middle of said road, 1.00 feet to a point;thence eastwardly 200 feet, more or less,to the Conodoguinet Creek;thence southwardly,down the west bank of said creek 100 feet, more or less,to a point;thence south,72.5 degrees west,205 feet,more or less,to the Place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Gary R. Daum and Cynthia J. Daum,h/w,by Deed from Dorothy M. Gardner, widow,dated 07/15/1993,recorded 07/20/1993 in Book 36 K,Page 435. PREMISES BEING: 1039 OYSTER MILL ROAD,CAMP HILL,PA 17011-1002 PARCEL NO. 1:09-17-1040-028 PARCEL NO. 2:09-17-1040-026 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-2442 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff(s) From GARY R.DAUM,CYNTHIA J.DAUM (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 garnishees)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: $125,056.91 L.L.: $30 Interest FROM 6/12/201.3 TO DATE OF SALE($20.56 PER DIEM)-$3,618.56 Atty's Comm: Due Prothy: $2.25 Atty Paid: $207.75 Other Costs: Plaintiff Paid: Date: 6/11/13 David D.Buell,Prot otary (Seal) By: Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,ESQUIRE Address:PHELAN HALLINAN,LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for:PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.203034 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME PHS#289352 LOANS SERVICING LP DEFENDANT SERVICE TEAM/lxh GARY R.DAUM COURT NO.: 12-2442-CIVIL, CYNTHIA J.DAUM SERVE CYNTHIA J.DAUM AT: TYPE OF ACTION 1039 OYSTER MILL ROAD XX Notice of Sheriff's Salem G -� CAMP HILL,PA 17011-1002 SALE DATE: December 4,2013 ,.a r �? CD SERVED -4 �� served and made known to CYNTHIA J.DAUM,Defendant on the 1 of 20 3 at p n �� o'clock .M.,at 4�S Z �t (1Qft� in the manner described below: ? Defendant personally served. 3� ca X Adult family member with whgm Defer ants)rest e(s). Q' -< Relationship is !i tC�e 1..W _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height 6 5 Weight Racet Sex 4� Other I, &RXM X nntl®wN , a competent adult, hereby verify that I personally handed a true and correct copy of the Notie 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. �.l"'eLc, DATE: .L" �O I3 NAME: o 2� I PRINTED NAME: AuOUNA Mte't!y TITLE: NOT SERVED On the day f 20 ,at o'clock .M.,I, a competent adult hereby state that a endant NO 70ND ause: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to 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 v` AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME PHS#289352 LOANS SERVICING LP DEFENDANT SERVICE TEAM/lxh GARY R.DAUM COURT NO.: 12-2442-CIVIL CYNTHIA J.DAUM SERVE GARY R.DAUM AT: TYPE OF ACTION 1039 OYSTER MILL ROAD XX Notice of Sheriffs Sale. CAMP HILL,PA 17011-1002 SALE DATE: December 4,2013 r,-? '� SERVED�'��j ti's 4'—� Serve and made known to GARY R.DAUM,D end it th day of J ' 20�3,at o clock M.,at ( lXf s"i ��l�L in the manner described below: t'a C:) Defendant personally served. Adult family membe•Ahw om Defendant(s)reside(s).Relationship is .J JVr_— 3;:.a V tp _Adult in charge of Defendant's residence who refused to give name or relationship. � Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. —Other: - an officer of said Defendant's company. _ q Description: Age p%S Height S A Weight 1 163 Rac,041 x Other I, a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: (3 NAME: PRINTED NAME: ArgVftA t m TITLE: PK-OC U SERLOL NOT SERVED On the day f 20_,at o'clock .M.,I, a competent adult hereby state that Defendant NOT F ND ecause: _Vacant —Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF - Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 4\1\ D i N j Moo T' fT7 M r4', .Z:;u -<D cX3 q Phelan Hallinan,LLP Attorney For Plaintiff { --4 CD 1617 JFK Boulevard,Suite 1400 A.c-) One Penn Center Plaza ?q 0 Philadelphia,PA 19103 215-563-7000 - ., BANK OF AMERICA,N.A.,SUCCESSOR Court of Common Pleas BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE Civil Division HOME LOANS SERVICING LP Plaintiff CUMBERLAND County vs No.12-2442-CIVIL GARY R.DAUM CYNTHIA J.DAUM Defendant 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. 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 has been executed and sent for recording in CUMBERLAND County on or about 08/28/2013. Kindly amend the information on the docket accordingly.Date: ! By: &04/!ti- Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PH#783174 ate pd CL CL#--13y,3�� 12 M Sags Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 BANK OF AMERICA, N.A., Court of Common Pleas SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA Civil Division COUNTRYWIDE HOME LOANS SERVICING LP CUMBERLAND County Plaintiff No. 12-2442-CIVIL vs GARY R.DAUM CYNTHIA J.DAUM Defendant PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of GREEN TREE SERVICING LLCC•,located 1400 TURBINE DRIVE RAPID CITY,SD 57703 Date: I l PHELAN HALLINAN,LLP By: Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PH#783174 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly center my appearance on behalf of GREEN TREE SERVICING LLC. Date: v PHELAN/�HA_lLLINAN,LLP By: (/`r7 ^ 1t-% 'w'' Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PH#783174 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 1.9103 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff Civil Division V. CUMBERLAND County GARY R.DAUM No. 12-2442-CI7VIL CYNTHIA J.DAUM Defendant PH#783174 CERTIFICATION OF SERVICE I hereby certify rive and correct copies of the foregoing Plaintiffs Praecipe to mark judgment to GREEN TREE SERVICING LLC and substitution of party plaintiff was served by regular mail to the person(s)on the date listed below: GARY R.DAUM CYNTHIA J.DAUM 1039 OYSTER MILL ROAD CAMP HILL,PA/170111--110`02 Date: �/ (l// ✓ PHELAN HALLINAN,LLP ` By: Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 GREEN TREE SERVICING LLC : Court of Common Pleas • Plaintiff • Civil Division • v. • CUMBERLAND Co'ility GARY R. DAUM • -n 0 CYNTHIA J. DAUM • No.: 12-2442-CIVIkr" m '�• 7C) U p • 6 2 tv Wit;" Defendants ° <-- PLAINTIFF'S MOTION TO REASSESS DAMAGES ct7 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 June 11, 2013 in the amount of$125,056.91. 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 December 4, 2013. 783174 5. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $112,308.98 Interest Through October 5, 2013 $25,581.85 Late Charges $975.32 Legal fees $1,875.00 Cost of Suit and Title $688.25 Property Inspections $245.00 Escrow Deficit $8,307.47 TOTAL $149,981.87 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 Defendants. 8. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs 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 September 10,2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. 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 to Lift Conciliation Stay dated February 25, 2013 . 783174 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phel. ► . allinan, LLP DATE: , ��c B Allison F.Fr erman, Esquire ATTORN. FOR PLAINTIFF 783174 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 GREEN TREE SERVICING LLC • Court of Common Pleas • Plaintiff • Civil Division • v. CUMBERLAND County GARY R. DAUM CYNTHIA J. DAUM • No.: 12-2442-CIVIL Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE GARY R. DAUM 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 1039 OYSTER MILL ROAD, CAMP HILL, PA 17011-1002. 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, Defendants 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. 783174 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants 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 783174 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants 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 Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are 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 s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 783174 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 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. 783174 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. VII. COST OF SUIT AND TITLE 783174 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 Sheriffs sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 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. 783174 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 783174 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: (NO By: P. FAIIP-441r A o WIPP . •, squire Attorney or Plai iff 783174 Exhibit "A" 783174 • OF THE E F'0 HONO TA,R Y PHELAN HALLINAN, LLP :11 OM 13 BJEURNL14 ti011 CH01 11 0 t Attorney for Plaint iff Adam H. Davis,Esq., Id. No.203034 4 1617 JFKBoulevard, Suite 1400 dTY One Penn Center Plaza pENdNS YLYA NIA Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., : CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FICA : COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING LP : CIVIL DIVISION vs. : No. 12-2442-CIVIL GARY R.DAUM CYNTHIA J.DAUM 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 GARY R.DAUM and CYNTHIA J.DAUM, 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 $125,056.91 TOTAL $125,056.91 I hereby certify that(1)the Defendants'last known address is 1039 OYSTER MILL ROAD,CAMP HILL, PA 17011-1002,and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 6//0/13 6224 Adam H. Davis, Esq., Id. No.203034 Attorney Plain 3 DAMAGES ARE HEREBY ASSESSED AS INDICATED. 'r DATE: PHS a 289352 PROTHONOTARY ' N' 289352 CLO-13/-aJ.j rZWaar?!Y otlld Exhibit "B" 783174 I 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 September 10, 2013 GARY R. DAUM CYNTHIA J. DAUM 1039 OYSTER MILL ROAD CAMP HILL, PA 17011-1002 RE: GREEN TREE SERVICING LLC v. GARY R. DAUM and CYNTHIA J. DAUM Premises Address: 1039 OYSTER MILL ROAD CAMP HILL, PA 17011 CUMBERLAND County CCP,No. 12-2442-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 9/16/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very t-rul,.yours, Alliso F. uc, , ., Id. ° o.309519 q Attorney for Plax Enclosure 783174 • • es O N Name and Phelan 11aUinan,LLP sw p Address 1617 IFK.Boulevard,Suite 1400 Of Sender One Penn Center Plaza Philadelphia,PA 19103 KVM r r Line Article Number Name of Addressee,Street,and Post Office Address Postage 1 •s.. GARY R.DAUM $0.46 CYNTHIA J.DAUM s 1039 OYSTER MILL ROAD CAMP HILL,PA 17011-1002 b. RE:GARY R.DAUM(CUMBERLAND) PH p 783174/1100 Page 2 of 1 80.92 Total Number of Taal Number of Pia s Posonania.Per t The foil declaration of value:k F x` h� (tianro required on sit dompue 4Td unemotional rewarmed matt Pin a ad�. Pleca Lured by Sender Received at Pan Ol(ts Receiving Employee) for the reconstruction ofmamaotiabk docwmau under Express Mad document roconstmotion ... piece subject to s limit of S500.005 per occurrence.The me.0mum indemnity payable on iixprc '. . The rasotmum indemnity payabk is 525,000 tat retr oeed Iona},sent with oonoat ieturaro.c.S R900S9t3 and 5931 for.he taus etcovaagt Form 3877 Facsimile 783174 8 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 GREEN TREE SERVICING LLC • Court of Common Pleas • Plaintiff Civil Division • v. • CUMBERLAND County • GARY R. DAUM CYNTHIA J. DAUM • No.: 12-2442-CIVIL • Defendants 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 individuals on the date indicated below. GARY R. DAUM CYNTHIA J. DAUM 1039 OYSTER MILL ROAD CAMP HILL, PA 17011-1002 Phelan Hallinan, LLP DATE: By 0 ison F. Tr an, Esquire ATTORNE OR PLAINTIFF 783174 rr- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GREEN TREE SERVICING LLC • Court of Common Pleas • Plaintiff Civil Division • v. • CUMBERLAND County • GARY R. DAUM CYNTHIA J. DAUM : No.: 12-2442-CIVIL Defendants RULE AND NOW, this 2 1 day of;4-ti/tie- 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY TH COURT J. ,y -; Cra =- .rn r-rr (T N C_ �- c� CJ (.7-: ---1 -- N.) 783174 1- - '- r' THE 0 HONOTAP Z013 OCT —lO fill 10: 04 CUMBERLAND COUNTY PENNSYLVANIA 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 Adam.Davis @PhelanHallinan.com 215-563-7000 GREEN TREE SERVICING LLC • Court of Common Pleas • Plaintiff vs. • Civil Division • GARY R. DAUM CUMBERLAND County • CYNTHIA J. DAUM Defendants • No.: 12-2442-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 24, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. GARY R. DAUM CYNTHIA J. DAUM 1039 OYSTER MILL ROAD CAMP HILL, PA 17011-1002 Phelan Hallinan, LLP 1 �//j DATE: (3//i 5 By: /K�0'L-•/ Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff 783174 V °W.11.(-C& I `° '` ' Cam` Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 GREEN TREE SERVICING LLC • Court of Common Pleas • Plaintiff Civil Division • vs. • CUMBERLAND County GARY R. DAUM • CYNTHIA J. DAUM • No.: 12-2442-CIVIL • Defendants MOTION TO MAKE RULE ABSOLUTE GREEN TREE SERVICING LLC, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on September 20, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent,a copy of its proposed Motion to Reassess Damages and Order to the Defendants on September 10, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 783174 z, . 3. A Rule was issued by the Honorable Kevin A. Hess on September 24, 2013 directing the Defendants to show cause by October 14, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on October 3, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of October 14, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Phelan H. -i 1 .LP DATE: 10 c 71 r13 By: 4 Za• c" J• e , Esq.,Id.No.310721 A. 'orne fo 'laintiff • 783174 • • • Exhibit "A" 783174 9 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 September 10,2013 GARY R.DAUM CYNTHIA J.DAUM 1039 OYSTER MILL ROAD CAMP HILL,PA 17011-1002 RE: GREEN TREE SERVICING LLC v. GARY R.DAUM and CYNTHIA J. DAUM Premises Address: 1039 OYSTER MILL ROAD CAMP HILL,PA 17011 CUMBERLAND County CCP,No. 12-2442-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order.In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days,by 9/16/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, AllisF. .<rc � .ifich,Id, o.309519 Attorney for Pla nt t • Enclosure • 783174 os 4) illu;; Ad 2ht7.2 4 sal on.€TP ton M,P14,7r4 Er ° .i :a:$t E i�''bd m ,d ddi'#�Ia j s; SD,46 1G 9 RO -° '4,:'4°°:'.1--t-'64''''''c' ci rte: YrsS«Kws � &r36 +sceat4andudn:€rai ` " �. tti l� w+ei 11„ ar�aae art � � as s x r : ,� + rsaa�a � ,� `. oornt F � I '-_1,',., . 7$3174 • • • • • • Exhibit "B" 783174 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GREEN TREE SERVICING LLC Court of Common Pleas Plaintiff Civil Division CUMBERLAND County GARY R. DAUM CYNTHIA J.DAUM No.: 12-2442-CIVIL Defendants RULE AND NOW,this ad/44- day ai 13,a Rule is entered upon the Defendants fIfietdogeL20 to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT ° • 783174 • Exhibit "C" • rn C•1 c:D s, 4 C.' 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 Adam.Davis@PhelanHallinan.com 215-563-7000 GREEN TREE SERVICING LLC Court of Common Pleas Plaintiff 4,0 vs. Civil Division GARY R. DAUM CUMBERLAND County CYNTHIA J. DAUM Defendants No.: 12-2442-CIVIL C1t1RTIFICATI()N OF SMIVICE I hereby certify that a true and correct copy of the Court's September 24,201 directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. GARY R. DAUM CYNTHIA J.DAUM 1039 OYSTER MILL ROAD CAMP HILL,PA 17011-1002 • • Phelan Hallinan,LLP /,/ DATE'• /iv / By a--"; Adam IL IL Davis,Esq.,Id.No.203034 Attorney for Plaintiff 783174 Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 GREEN TREE SERVICING LLC • Court of Common Pleas • Plaintiff • Civil Division • vs. • CUMBERLAND County GARY R. DAUM • CYNTHIA J. DAUM : No.: 12-2442-CIVIL • Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. GARY R. DAUM CYNTHIA J. DAUM 1039 OYSTER MILL ROAD • CAMP HILL, PA 17011-1002 • Phelan Halli IOZ/13 DATE: By: Zac•,•"1�. es, . q., Id. No.3 1721 •� •me for P .'ntiff 783174 9 , I OCT 24 C: L` " E EiL, r<UCIJ PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA GREEN TREE SERVICING LLC • Court of Common Pleas • Plaintiff • Civil Division • vs. • CUMBERLAND County • GARY R. DAUM CYNTHIA J. DAUM • No.: 12-2442-CIVIL Defendants ORDER AND NOW, this 023'u'( day of 04-64/.4..„ 2013, upon consideration of Plaintiff's • Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $112,308.98 Interest Through October 5, 2013 $25,581.85 Late Charges $975.32 Legal fees $1,875.00 Cost of Suit and Title $688.25 Property Inspections $245.00 Escrow Deficit $8,307.47 TOTAL $149,981.87 783174 V Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY T E COURT: .N J. Cif 1'es .n'L LQL . . i9.4%z . ..1:0,0a g4,7 'Yea. /o/ (0.43 783174 • ii,btt'.L+ . HJii'J i•.., . "I' A6 5 ''r . E. l PHELAN HALLINAN,LLP Attorney for Plaintiff Lu i'' g r.s i g' q�t John Michael Kolesnik,Esq.,Id.No.308877 r , :iEn L ,PD GO•iN t ' 1'617 JFK Boulevard, Suite 1400 PENNSYLVAITA One Penn Center Plaza Philadelphia,PA 19103 John.Kolesnik @phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS . ' • OF CUMBERLAND COUNTY,PENNSYLVANIA . • • • • GREEN TREE SERVICING LLC CUMBERLANb COUNTY ' • Plaintiff, • COURT OF COMMON PLEAS v. • CIVIL DIVISION GARY R.DAUM CYNTHIA J.DAUM No.: 12-2442-CIVIL Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa.R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing(Form 3817) . .d/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attache •• ' •+it"A". Jo•.'nl Kolesnik,Esq.,Id.No.308877 ///P ( • torney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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#783174 • GREEN TREE SERVICING LLC COURT OF COMMON PLEAS Plaintiff •• CIVIL DIVISION . • • v. . • • • NO.:.12-2442-CIVIL GARY R.DAUM - • • . CYNTHIA J. DAUM •• Defendant(s) 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 1039 OYSTER 1,1ILL ROAD,CAMP HILL,PA 17011-1002. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) GARY R.DAUM 1039 OYSTER MILL ROAD CAMP HILL,PA 17011-1002 CYNTHIA J.DAUM 1039 OYSTER MILL ROAD CAMP HILL,PA 17011-1002 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) GARY R.DAUM 1039 OYSTER MILL ROAD CAMP HILL,PA 17011-1002 CYNTHIA J.DAUM 1039 OYSTER MILL ROAD CAMP HILL,PA 17011-1002 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) MIDLAND FUNDING,LLC. 8875 AERO DRIVE SAN DIEGO,CA 92123 MIDLAND FUNDING,LLC.C/O MICHAEL F. EDWIN A.ABRAHAMSEN&ASSOCIATES, RATCHFORD,ESQUIRE P.C. 120 NORTH KEYSER AVENUE SCRANTON,PA 18504-9701 MIDLAND FUNDING,LLC.C/O NEILADREE BURTON NEIL&ASSOCIATES SARKER,ESQUIRE 1060 ANDREW DR STE 170 WEST CHESTER,PA 19380 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. PH#783174 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. • .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 1039 OYSTER MILL ROAD CAMP HILL,PA 17011-1002 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: //// y//./ By: ar I/ Pp. an Hallinan,LLP hn Michael Kolesnik,Esq.,Id.No.308877 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#783174 - ... a r, Name and Phelan Hallman,LLP Address 16171FK Boulevard,Suite 1400 � Of Sender One Perin Center Plaza .• Philadelphia,PA 19103 AZKIMAN-12/114/2013 SALE Sf • Line -Article Number Name of Addressee,Street,and Post Office Address • Poi-"P4 1 »sss . TENANT/OCCUPANT: 454 �f a t pr „i . 1039OYS ERMILLROAD • CAFRI[LL,PA17011-1902 + • r / �{ 2 wsta COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCETAX.DIVISION $0.45 1:, � 50.4_ 6TH FLOOR,SIRA'MERRY SQ. DEPT 280601 4 z T ':. ..- HARRISBURG,PA 17121 3 «*«.e DEPARTMENT OF PUBLIC WELFARE,TPL CASUALTY UNIT,ESTATE RECOVERY PROGRAM F r', 50.45 r.o.BOX 848ir _ r WILLOW OAK BUILDING 4Y° i„,,?-^; HARRISBURG,PA 17105 4 nrsn MIDLAND FUNDING,LLC. $0.45 8875 ARRo DRIVE ' 4 SAND1EGOi•CA 92123 S **mg. '- MIDEANDIrt NIXING,TLC.COO MICHAEL F.RATCHFORD,ESQUIRE $0A$•F.IXWIN A.AIIRATIAI+ISAN&�AS40CEA7E,C,P.(`. 120 NO REVUE AVENUE ( I .SCRAi :PA 14,5944/01 6 ••••• DOMESTICREI.ATIONS OF • — MIAs CUMBERLAND COUNTY t3 NORTH HANOVER STREET , CARLISLE,PA 17013 ,r...* COMMONWEALTH OF PENNSYLVANIA ..._ __.. $0.45 DEPART 4ENT OF WELFARE P.O.BOX 2675 HARRISBURG,PA 17105 $ �'a INTERNAL REVENUE SERVICE ADVISORY WAS 1000 LIBERTY AVENUE ROOM 7W PITTSBURGH,PA 15222 9 •oPo U.S.URPAR37 11'OFJUSn.0 $0.45 U.S.ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET,SUITE 220 PO BOX 11751 HARRISBURGIPA 1?10$1754 I RE:GARY ILDAUM(CUMBERLAND) Nis i 25,5524021-4,:..-_” 'agelief.--- Writ Team • $4.05- Iuul Npm(ex c! r. roomier.I t KIRK Of The fgtdncInrRtm of wits 131.MM/di an Wldotnuue std inienna tinai le$in trd mad Tit nuainnm Ind,mrity p y b1e rin=L3no Ir..S.n.r it au we mina asandny n fettle+.wniawiun.tw.«miraubb dewww o'A,.#p-.Ma d.au,wn,1.0 1nsc.on,m,.w.ug,S.S0.OD(pe. pax,ebic** {Mate SIOCOOP De urxunrace.The MAXIMA Fnkanitt i nkk onEoa hi Mail nertrsndKr is MOO :. .. The=ahem indemility ppy- k is$23.0:10 tor apn aed mia,sera.0 upiineul issuance S<e Urmeatrc Mnl Meaml RS90 S9I3 see S92 i fi Imnuxms of comer. Form 3877 Facsimile --a 2 li".I - I:I. ' -4 n. 1.: co- Pv -•z P .7 � 0° a x 01 mi. ,,„.... re, 5 7 ..1 ;,.' "g:a•. MI!dg Fla › gvina E. 1 ; 0I . $: a. 8 , if 4 --...74,a a z 4 2 i , gg i i col - ng '21 0 'LIII F� X4-...'4 51,...§ R VI . I i.. a . . 41 t." . 44 rii . .R. :4 .1,,a '• US, E1':- �:+,,-7 DES • ':4 l'a:1..H.4■••..ri 1-1.:4;7t r:.X':.tic, ''. eti4r- endal----- . . . • . . . ".-k,....-:,,, . ZiP 19/03 $ 001.660 • • Q2Yp 'r U G O ;,:).1 NOV 04 2D13 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Citanott Jody S Smith :)7!t FEB n � c Chief Deputy ' � .,,° Richard W Stewart va mlNBERLA,t'1 COUNT Solicitor 0,f-lc= `-"E H,ERIFF PENNSYLVANIA Bank of America, N.A. vs. Case Number Gary R. Daum (et al.) 2012-2442 SHERIFF'S RETURN OF SERVICE 09/27/2013 03:42 PM - Deputy Stephen Bender, 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 1039 Oyster Mill Road, East Pennsboro Township, Camp Hill, PA 17011, Cumberland County. 09/27/2013 03:42 PM - Deputy Stephen Bender, 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 MIKE DAUM SON, who accepted as"Adult Person in Charge"for Gary R. Daum at 1039 Oyster Mill Road, East Pennsboro Township, Camp Hill, PA 17011, Cumberland County. 09/27/2013 03:42 PM - Deputy Stephen Bender, 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 MIKE DAUM SON, who accepted as"Adult Person in Charge"for Cynthia J. Daum at 1039 Oyster Mill Road, East Pennsboro Township, Camp Hill, PA 17011, Cumberland County. 12/04/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at 10:00 AM. He sold the same for the sum of$1.00 to Attorney Joseph Schalk, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $857.85 SO ANSWERS, February 06, 2014 RONNY ANDERSON, SHERIFF a.as per• (la, Sa lip/1- 99e4 30.)01-1s1 Jc,': ,--,f. lc,,c,o!t.Ire. • LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2012-2442 Civil Term BANK OF AMERICA,N.A. vs. GARY R. DAUM, Cynthia J.Daum Atty.:Joseph Schalk By virtue of a Writ of Execu- tion No. 12-2442-CIVIL, BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP fka COUNTRYWIDE HOME LOANS SERVICING LP v. GARY R. DAUM,CYNTHIA J.DAUM owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, CUMBERLAND County, Pennsylva- nia,being 1039 OYSTER MILL ROAD, CAMP HILL,PA 17011-1002. Parcel No.1:09-17-1040-028. Parcel No.2: 09-17-1040-026. Improvements thereon:RESIDEN- TIAL DWELLING. Judgment Amount:$125,056.91. 44 • PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. )/L Iv isa Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 25 da of October, 2013 • Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH.CUMBERLAND COUNTY My Corr rnission expires Apr 28 2014 The Patriot-News Co. } he patriot*Xews Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. 2012-2442 Chill Term BANK OF AMERICA,N.A. This ad ran on the date(s)shown below: vs. GARY R.DAUM 10/13/13 Cynthia J.Daum ,, 10/20/13 Any: Joseph Schalk By virtue of'a Writ of Execution No. r 10/27/13 12-2442-CIVIL BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS f/ _ SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP v. GARY R.IAJ.DAUM CYNTHIA J. Sworn to nd subscribed before me this 11 day of November, 2013 A.D.owner(s) of property situate in the '1 TOWNSHIP OF EAST PENNSBORO, CUMBERLAND County, Pennsylvania, being 411111P 1039 OYSTER MILL,ROAD,CAMP HILL, • Pub PA 17011-1002 Parcel No.1:09-17-1040-028 Parcel No.2:09-17-1040026 c"^17,OrsrIEALE i OF PENNSYLVANIA (Acreage or street address) ay ` Improvements thereon: RESIDENTIAL Lynn+" " , w;ta,y Public DWELLING �:, tsahln County Judgment Amount:$125,056.91 ,,y Commission Ex.gyres 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 Sheriffs Deed in which Federal National Mortgage Association is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the 11th day of June,A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 2442, at the suit of Bank of America,NA against Gary R. Daum and Cynthia J. Daum is duly recorded as Instrument Number 201404224. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this -7 day of reb. , A.D. ca 01Li CU/At/ U24/477 /)(7)u Recorder of Deeds Recorder of Deeds,Cumberland County,Carlisle,PA My Commission Expires the First Monday of Jan.2018