HomeMy WebLinkAbout12-2898
COUN
JYLV NIA
PHELAN 14ALLINAN & SCHMIEG, LLP
Melissa J. Cantwell, Esq., Id. No.308912
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
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.
MICHAEL K. CLOUSER
317 EAST PORTLAND STREET
MECHANICSBURG, PA 17055-3355
Defendant
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM I
NO. Ia-o`g?g ?Ivi
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 294401
D
.4 U I b9.
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pi'6#- a -? c4'? ? 9
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 #: 294401
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:
MICHAEL K. CLOUSER
317 EAST PORTLAND STREET
MECHANICSBURG, PA 17055-3355
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 10/19/2005 MICHAEL K. CLOUSER made, executed and delivered a mortgage upon
the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INCORPORATED AS A NOMINEE FOR COUNTRYWIDE HOME
LOANS, INC which mortgage is recorded in the Office of the Recorder of Deeds of
CUMBERLAND County, in Mortgage Book 1928, Page 643. By Assignment of
Mortgage recorded 06/02/2010 the mortgage was assigned to PLAINTIFF which
Assignment is recorded in Assignment of Mortgage Instrument No. 201014182.The
mortgage and assignment(s), if any, are matters of public record and are incorporated
herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the
Plaintiff from its obligations to attach documents to pleadings if those documents are of
public record.
4. The premises subject to said mortgage is described as attached.
File #1: 294401
5.
6.
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 12/01/2011 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 03/14/2012:
Principal Balance $90,048.54
Interest $1,702.24
11/0 1 /2011 through 03/14/2012
Late Charges $166.14
Property Inspections $90.00
Subtotal $92,006.92
Escrow Credit 691.29
TOTAL $91,315.63
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 #: 294401
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$91,315.63, together with interest, costs, fees, and charges collectible under the mortgage
including but not limited to attorney fees and costs, and for the foreclosure and sale of the
mortgaged property.
PHELAN HALLINAN MIEG, LLP
B '
Me issa J. Cantwell, Esquire
Attorney for Plaintiff
File #: 294401
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg,
Cumberland County, Pennsylvania, more particularly bounded and described according to
survey of D.P. Raffensperger, Registered Surveyor, dated August 5, 1953, as follows:
BEGINNING at a point on the Northern line of Portland Street ninety (90) feet West of the
Northwest corner of the intersection of Portland Street and Filbert Street, also being at the
dividing line between Lots Nos. 4 and 5, Block'A' on hereinafter mentioned Plan of Lots;
THENCE Westwardly along the Northern line of Portland Street, sixty (60) feet to a point at the
dividing line between Lots Nos. 5 and 6, Block'A', on said plan; THENCE North eighteen (18)
degrees eleven (11) minutes West along same, one hundred thirty nine and nine one-hundredths
(139.09) feet to a point at the dividing line between Lots Nos. 2 and 5, Block 'A', on said Plan;
THENCE South sixty-two (62) degrees three (03) minutes East along same and along the
dividing line between Lots Nos. 3 and 5, Block 'A' on said Plan, eighty-six and fifty-eight one-
hundredths (86.58) feet to a point at the dividing line between Lots Nos. 4 and 5, Block 'A' on
said Plan; THENCE South eighteen (18) degrees eleven (11) minutes East along same, seventy-
six and sixty-seven one-hundredths (76.67) feet to a point, the place of BEGINNING..
BEING Lot No. 5, Block'A' on Plan of Lots known as White Acres, said Plan being recorded in
the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 6.
PROPERTY ADDRESS: 317 EAST PORTLAND STREET, MECHANICSBURG, PA
17055-3355
PARCEL # 18-22-0519-139.
File #: 294401
VERIFICATION
c\`x-Y, ` , hereby states that h she is f( of BANK OF
AMERICA, N.A., Plaintiff in this matter, that he he s 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 hie information and belief The undersigned understands that this
statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
DATE: Mcux 1 i ?a
File#: 294401
Name: CLOUSER
a_
Name: ?,n`,c ??'e Sm Cpl
Title: ?Ar=-`
BANK OF AMERICA, N.A.
File #: 294401
BANK OF AMERICA, N.A., SUCCESSOR BY
MERGER TO BAC HOME LOANS SERVICING,
LP 1=KA COUNTRYWIDE HOME LOANS
SERVICING LP
Plaintiff(s)
FORM 1
Updated " I /^ 1,12111
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA,
VS.
MICHAEL K. CLOUSER
Defendant(s)
p1 0 (O Civil
NOTICE OF RESIDENTIAL MORTGAGE
DIVERSION PROGRAM
-Ti
FORECLOS?T1
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) 243-94010
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.
Date
RespectfulI submitted:
,r
Melissa J. Cantwell,
Esquire
Attorney for Plaintiff
FORM 2
Date
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
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: State: Zip:
Is the property for sale? Yes El No ? Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ? No ?
Mailing Address (if different):
City:
Phone Numbers:
Home:
Cell:
State: Zip:
Office:
Other:
Email:
# of people in household: How long?
Mailing Address:
City:
Phone Numbers:
Email:
# of people in household:
First Mortgage Lender:
Type of Loan:
Loan Number:
Second Mortgage Lender:
Type of Loan:
Loan Number:
State: Zip:
Home: Office:
Cell: Other:
How long?
Total Mortgage Payments Amount: $
Date of Last Payment:
Date You Closed Your Loan:
Included Taxes & Insurance:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1: Model:
Amount owed: Value:
Automobile #2: Model:
Amount owed: Value:
Other transportation (automobiles, boats. motorcvcles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1. Monthly Gross
2. _ Monthly Gross
3. Monthly Gross
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Year:
Year:
Monthly Net
Monthly Net
Monthly Net
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2nd Mortgage Utilities
Car Payment(s) Condo/Nei h. Fees
Auto Insurance Med. not covered
Auto fuel/re airs Other prop. payment
Install. Loan Payment Cable TV
Child Su ort/Alim. Spending Money
Day/Child Care/Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes F_1 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 F-]
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
Co-Borrower Signature
Date
Date
Please forward this document along with the following information to lender and lender's
counsel:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (hardship
letter)
6. 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
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff(s)
vs.
MICHAEL K. CLOUSER
Defendant(s)
REQUEST FOR CONCILIATION CONFERENCE
CIVIL
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.
MICHAEL K. CLOUSER
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:
1. 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 defendant/borrower and counsel for the parties must attend the
Conciliation Conference in person and an authorized representative of the
plaintiff/lender must either attend the Conciliation Conference in person or be
available by telephone during the course of the Conciliation Conference. The
representative of the plaintiff/lender who participates in the Conciliation
Conference must possess the actual authority to reach a mutually acceptable
resolution, and counsel for the plaintiff/lender must discuss resolution
proposals with the authorized representative of the Conciliation Conference. If
the duly authorized representative of the plaintiff/lender is not available by
telephone during the Conciliation Conference, the Court will schedule another
Conciliation Conference and require the personal attendance of the authorized
representative of the plaintiff/lender at the rescheduled Conciliation
Conference.
4. At the Conciliation Conference, the parties and their counsel shall be prepared
to discuss and explore all available resolution options which shall include:
bringing the mortgage current through a reinstatement; paying off the
mortgage; proposing a forbearance agreement or repayment plan to bring the
account current over time; agreeing to tender a monetary payment and to
vacate in the near future in exchange for not contesting the matter; offering the
lender a deed lieu of foreclosure; entering into a loan modification or a
reverse mortgage; paying the mortgage default over sixty months; and the
institution of bankruptcy proceedings.
5. All proceedings in this matter are stayed pending the completion of the scheduled
conciliation conference.
BY THE COURT
J.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
at ?:ai)r3or
OFFt --
LE"b--0FF1 CL
T HIE PP(-TH0NOTA'R.',;
2012 MAY 24 AM 8: 16
CUMBERLAND COUNTY
PENNSYLVANIA
Bank of America, NA
vs.
Michael K. Clouser
Case Number
2012-2898
SHERIFF'S RETURN OF SERVICE
05/15/2012 06:39 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 17
2012 at 1839 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: Michael K
Clouser, by making known unto himself personally, at 317 E. Portland Street, Mechanicsburg,
Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the
said true and correct copy of the same.
UTSHA DEPUTY
SHERIFF COST: $38.00
May 18, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c) CountySuite Sheriff, Teleosoft, Inc.
? 5 L
!mow
PHELAN HALLINAN, LLP i � ' l ' Attorney for Plaintiff
Jonathan Lobb, Esq., Id. No.312174 20,13 APR - I AM 10: 0 1
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza 1-1U M5E I.A ND CCUNIT`
Philadelphia, PA 19103 PENNSYLVANIA
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. 12-2898-CIVIL
MICHAEL K. CLOUSER
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 MICHAEL K. CLOUSER,
Defendant for failure to file an Answer to Plaintiff s Complaint within 20 days from service
thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as
follows:
As set forth in Complaint $91,315.63
TOTAL $91,315.63
I hereby certify that (1) the Defendant's last known address is 317 EAST PORTLAND
STREET, MECHANICSBURG, PA 17055-3355, and(2)that notice has been given in
accordance with Rule Pa.R.C.P 237.1.
Date 31h 81143
J han Lobb, Esq., Id. No.312174
orney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: / /3
PROTHONOTARY
V a
?*9? 9sl
NX,4 401 MC A ,^-,
PHELAN HALLINAN, LLP Attorney for Plaintiff
Jonathan Lobb, Esq., Id. No.312174
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
HOME LOANS SERVICING, LP FKA COURT OF COMMON PLEAS
COUNTRYWIDE HOME LOANS
SERVICING LP CIVIL DIVISION
VS. No. 12-2898-CIVIL
MICHAEL K. CLOUSER
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 is 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 MICHAEL K. CLOUSER is over 18 years of age and resides
at 317 EAST PORTLAND STREET, MECHANICSBURG, PA 17055-3355.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unswom falsification to authorities.
Date
J an Lobb, Esq., Id. No.312174
Attorney for Plaintiff
294401
Results as of:Mar-28-2013 07:34:48
Department of Defense Manpower Data Center
SCRA 3.0
Scab Report
Pursuant to Servicenwnbers Civil Kelief Act
Last Name: CLOUSER
First Name: MICHAEL
Middle Name: K
Active Duty Status As Of: Mar-28-2013
tin �I�ir�Y � "Stabtad�te,
Active Duty Stan Date At tva Fluty End t3at $tatete Service Component
NA NA
NA
This response reftec{g• td't asW active duty itRtim based on tfte�i .Status Date
Active Duty Stan Fate Ad".Ditty end c�aPoa � 5atuica Compor ent
NA .:NA .ltd NA
This response reflects 090 itie individual left a04 � 1T-Mays precedit the �v� ty Status Date
The
tNartt6eratWtrUrVltas, ,e i
Older Kolilfeatbn Start Date
NA NA
This response reflects whether{hd � unit ti'as repod for active duty
r r . ; .'.
Upon searching the data banks of the Department of Defense Manpowe t ed 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.
At
A. Loa
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
CIVIL DIVISION
VS.
No. 12-2898-CIVIL
MICHAEL K. CLOUSER
Notice is iven that a Judgment in the above captioned matter has been entered
against you on / 70
o .,
V"j)By: ,� a
If you have any questions concerning this matter please contact:
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND
SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT
ONLYENFORCEMENT OFA LIENAGAINST PROPERTY.**
294401
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. 12-2898-CIVIL
Plaintiff
V. CUMBERLAND COUNTY
MICHAEL K.CLOUSER
Defendant(s)
TO: MICHAEL K.CLOUSER
317 EAST PORTLAND STREET
MECHANICSBURG,PA 17055-3355
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)2493166, i&�
Jt an Lobb,Esq.,Id.No.312174
omey for Plaintiff
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
PHS#294401
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
SERVICING LP CIVIL DIVISION
Plaintiff
NO.: 12-2898-CIVIL
V.
MICHAEL K. CLOUSER CUMBERLAND COUNTY
Defendant(s)
To the Prothonotary: � D
C c�
Issue writ of execution in the above matter:
rn
Amount Due $91,315.63 N 1
Interest-from-M02120'3 to-Date-ofSal r, $ 34+,56- r �-
($15.01 per diem) >o =C o
TOTAL $93,657.19 '<
Phelan Hallinan,LLP
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
Note: Please attach description of property.
PHS#294401
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IN THE COURT OF COMM 3N PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA
COUNTRYWIDE HOME L ANS SERVICING LP
Plaintiff
V
MICHAEL K. CLOUSER
Defendant(s) .
PRAECIPE FOR WRIT OF EXECUTION
(Mortgage Foreclosure)
Filed:
a
Address where papers may be served:
MICHAEL K.CLOUSER
Phelan Hallinan,LLP 317 EAST PORTLAND STREET
Adam H.Davis,Esq.,Id.No.203 i 34 MECHANICSBURG,PA 17055-3355
Attorney for Plaintiff
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg,
Cumberland County,Pennsylvania, more particularly bounded and described according to survey of
D.P.Raffensperger,Registered Surveyor, dated August 5, 1953, as follows:
BEGINNING at a point on the Northern line of Portland Street ninety(90)feet West of the
Northwest comer of the intersection of Portland Street and Filbert Street, also being at the dividing
line between' Lots Nos. 4 and 5, Block'A'on hereinafter mentioned Plan of Lots;THENCE
Westwardly along the Northern line of Portland Street, sixty(60)feet to a point at the dividing line
between Lots Nos.5 and 6,Block'A', on said plan;THENCE North eighteen(18) degrees eleven
(11)minutes West along same,one hundred thirty nine and nine one-hundredths (139.09)feet to a
point at the dividing line between Lots Nos. 2 and 5,Block'A',on said Plan;THENCE South sixty-
two(62)degrees three(03) minutes East along same and along the dividing line between Lots Nos.
3 and 5, Block'A'on said Plan, eighty-six and fifty-eight one-hundredths(86.58)feet to a point at
the-dividing line between Lots Nos.4 and 5, Block Won said Plan;THENCE South eighteen(18)
degrees eleven(11)minutes East along same, seventy-six and sixty-seven one-hundredths (76.67)
feet to a point,the place of BEGINNING.
BEING Lot No. 5,Block'A'on Plan of Lots known as White Acres, said Plan being recorded in the
Office of the Recorder of Deeds in and for Cumberland County in Plan Book 6.
TITLE TO SAID PREMISES IS VESTED IN Michael K. Clouser, an adult Individual, by Deed
from Linda K. Metz, a widow, dated 07/16/2004,recorded 07/30/2004 in Book 264,Page 2185
1
PREMISES BEING: 317 EAST PORTLAND STREET,NTCHANICSBURG,PA 17055-3355
PARCEL NO. 18-22-0519-139.
PHELAN HALLINAN, LLP
Adam H. Davis, Esq., Id. No.203034 Attorneys for Plaintiff
�
1617 JFK Boulevard, Suite 1400 THE PROTHONOTARY
One Penn Center Plaza OF .
Philadelphia, PA 19103 AH.-10: 40
215-563-7000 CUMBERLAND COUNTY
BANK OF AMERICA, N.A.,SUCCESSOR Y�MERGER TO BA
HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME
C COURT OF COMMON PLEAS
LOANS SERVICING LP
Plaintiff CIVIL DIVISION
V. NO.: 12-2898-CIVIL
MICHAEL K. CLOUSER
Defendant(s) CUMBERLAND COUNTY
CERTIFICATION
The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the abov
matter and that the premises are not subject to the provisions of Act 91 because: a captioned
( ) the mortgage is an FHA Mortgage
( ) the premises is non-owner occupied
( ) the premises is vacant
( ) Act 91 procedures have been fulfilled
(X) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943
This certification is made subject to the penalties of 18 Pa.
authorities. C.S.A. § 4904 relating to unsworn falsification to
By: ' Y
Phelan Hallman,LLP
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
s
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.: 1.2-2898-CIVIL
V. ,
MICHAEL K. CLOUSER CUMBERLAND COUNTY
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 317 EAST
PORTLAND STREET,MECHANICSBURG,PA 17055.3355.
1. Name and address of Owner(s)or reputed Owner(s): t'S f sv
Name Address(if address cannot be reasonably ascertain °+
please so indicate)
rncu
X=. -!!c
MICHAEL K.CLOUSER 317 EAST PORTLAND STREET mss— t
MECHANICSBURG,PA 17055-3355, 3>
2. Name and address of Defendant(s)in the judgment:
Name Address(if address cannot be reasonably =C) ? O
ascertained,please so indicate)
--i ,C.-)
MICHAEL K.CLOUSER 317 EAST PORTLAND STREET
MECHANICSBURG,PA 17055-3355
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)
BAC HOME LOANS SERVICING,LP 123 SOUTH BROAD STREET,SUITE 1400
C/O MCCABE WEISBERG ET AL PHILADELPHIA,PA 191094031
ATTN:MARGARET GAIRO,ESQUIRE
BAC HOME LOANS SERVICING-LP 123 SOUTH BROAD,STREET,SUITE 1400
C/O MCCABE WEISBERG ET AL PHILADELPHIA,PA 191:09-1031
ATTN:MARC WEISBERG,ESQUIRE
BAC HOME LOANS SERVICING,LP 123 SOUTH BROAD STREET,SUITE 1400
CIO MCCABE WEISBERG CONWAY PC PHILADELPHIA,PA 19109-1031
ATTN:KEVIN T.MCQUAIL,II,ESQUIRE
BAC HOME LOANS SERVICING,LP 123 SOUTH BROAD STREET,SUITE 1400
C/O MCCABE WEISBERG ET AL PHILADELPHIA,PA 19109-1031
ATTN:TERRENCE J.MCCABE,ESQUIRE
BAC HOME LOANS SERVICING,LP 2940 MAPLE ROAD
CIO MATTHEW J.ESHELMAN,ESQUIRE CAMP HILL,PA 17011
PHS #294401.
4. Name and address of last recorded holder of every mortgage of record:
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
5. Name and address of every other person who has any record lien on the property:
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the
sale.
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
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 317 EAST PORTLAND STREET
MECHANICSBURG,PA 17055-3355
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
LESLIE A.CLOUSER 907 DERBYSHIRE AVENUE
MECHANICSBURG,PA 17055-5704
LESLIE A.CLOUSER 3101 NORTH FRONT STREET
C/O MEGAN E.CASTOR,ESQUIRE HARRISBURG,PA 17110
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
PHS #294401.
U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220
U.S.ATTORNEY FOR THE MIDDLE
DISTRICT OF PA PO BOX 11754
FEDERAL BUILDING HARRISBURG,PA 17108-1754
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false Statements herein are made su
of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities: bject to the penalties
Date: (/ n
By:
Phelan Hallman,LLP ,
Adam H.'Davis,Esq.,Id. No103034
Attorney for Plaintiff
1
PHS #294401
1 RANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO COURT OF COMMON PLEAS
$AC HOME LOANS SERVICING, LP FKA COUNTRYWIDE
ItOME LOANS SERVICING LP CIVIL DIVISION
Plaintiff NO.: 12-2898-CIVIL
vs.
CUMBERLAND COUNTY
MICHAEL K. CLOUSER
Defendant(s)
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY -n
3 w --4
TO: MICHAEL K. CLOUSER -< M
-Or-
317 X'.
317 EAST PORTLAND STREET n t �M
MECHANICSBURG,PA 17055-3355 co N °C,
>C-) c�"
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFO R IOr�tPBARED
WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGLBA 'Y,
THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEO BI O�
ENFORCEMENT OF A LIEN AGAINST PROPERTY.** "<
Your house(real estate) at 317 EAST PORTLAND STREET,MECHANICSBURG,PA 17055-3355 is
scheduled to be sold at the Sheriff's Sale on 09/04/2013 at 10:00 AM in the Cumberland County Courthouse,
South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$91,315.63 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 31.29.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and
reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment,
if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will
have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the
price bid by calling 215-563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared
a 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
i
SHORT DESCRIPTION
By virtue of a Writ of Execution No. 12-2898-CIVIL
BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS
SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
V.
MICHAEL K. CLOUSER
owner(s) of property situate in the BOROUGH OF MECHANICSBURG, CUMBERLAND
County, Pennsylvania, being
317 EAST PORTLAND STREET,MECHANICSBURG.PA 17055-3355
Parcel No. 18-22-0519-139.
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
Judgment Amount: $91,315.63
Attorneys for Plaintiff
Phelan Hallinan, LLP
�• Y
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg,
Cumberland County, Pennsylvania, more particularly bounded and described according to survey of
D.P.Raffensperger,Registered Surveyor, dated August 5, 1953, as follows:
BEGINNING at a point on the Northern line of Portland Street ninety(90)feet West of the
Northwest comer of the intersection of Portland Street and Filbert Street, also being at the dividing
line between Lots Nos.4 and 5, Block'A'on hereinafter mentioned Plan of Lots;THENCE
Westwardly along the Northern line of Portland Street, sixty(60)feet to a point at the dividing line
between Lots Nos. 5 and 6, Block'A', on said plan;THENCE North eighteen(18)degrees eleven
(11)minutes West along same, one hundred thirty nine and nine one-hundredths (139.09)feet to a
point at the dividing line between Lots Nos. 2 and 5,Block'A', on said Plan;THENCE South sixty-
two(62)degrees three(03)minutes East along same and along the dividing fine between Lots Nos.
3 and 5, Block'A'on said Plan,eighty-six and fifty-eight one-hundredths (86.58) feet to a point at
the dividing line between Lots Nos.4 and 5,Block'A'on said Plan;THENCE South eighteen (18)
degrees eleven(11)minutes East along same,seventy-six and sixty-seven one-hundredths (76.67)
feet to a point, the place of BEGINNING.
BEING Lot No. 5,Block'A'on Plan of Lots known as White Acres, said Plan being recorded in the
Office of the Recorder of Deeds in and for Cumberland County in Plan Book 6.
TITLE TO SAID PREMISES IS VESTED IN Michael K. Clouser, an adult Individual, by Deed
from Linda K. Metz, a widow, dated 07/16/2004, recorded 07/30/2004 in Book 264, Page 21.85_
PREMISES BEING: 317 EAST PORTLAND STREET,MECHANICSBURG,PA 17055-3355
PARCEL NO. 18-22-0519-139.
j
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 12-2898 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,L.P.F/K/A COUNTRYWIDE HOME LOANS
SERVICING,L.P.Plaintiff(s)
From MICHAEL K.CLOUSER
(1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s)not levied upon in the possession
of
GARNISHEE(S)as follows:
and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant
(s)or otherwise disposing thereof,
(3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due: $91,315.63 L.L.: $.50
Interest INTEREST FROM 4/02/2013 TO DATE OF SALE($15.01 PER DIEM)-$2,341.56
Atty's Comm: Due Prothy:$2.25
Atty Paid: $186.75 Other Costs:
Plaintiff Paid:
. Date: 5/2/13 � J
David D. Buell,Prothonotary
(Seal) . "ay: : _uzl
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
FjjHLE('D((`�-��i��(�l{Itr;��_ p
PRO 1 f iiJ��V
I2113 JUL 26 Ail 10: 43
Phelan Hallinan LLP CUMBERLAND C O U NT Y Attorney For Plaintiff
1617 JFK Boulevard,Suite 1400 E N N S Y LVA N I A
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. 12-2898-CIVIL
vs
MICHAEL K.CLOUSER
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 LLC,located 1400 TURBINE DRIVE RAPID CITY,SD 57703
Date: / PHELAN V',Esq., P
By:
Justin F. o .No.20039 2
Attorney for Plaintiff
PH#788177
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of GREEN TREE SERVICING LLC.
Date: -712,41172 PHELAN H INAN,
By:
Justin F.K es ,Esq.,Id.No.200392
tom y for Plaintiff
PH#788177
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., SUCCESSOR BY Court of Common Pleas
MERGER TO BAG HOME LOANS SERVICING,
LP FKA COUNTRYWIDE HOME LOANS
SERVICING LP
Plaintiff Civil Division
V. CUMBERLAND County
MICHAEL K.CLOUSER No. 12-2898-CIVIL
Defendant PH#788177
CERTIFICATION OF SERVICE
I hereby certify true 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:
MICHAEL K.CLOUSER
317 EAST PORTLAND STREET
MECHANICSPURG,PA 17055-3355
Date: r L
PHELAN HALINAN,
Bv- 2�
Justin sq.,Id.No.200392
Justin . ior Plaintiff
FILED-OF-Fit L
1-111 P R 0 T 11-110 N 0 TA
2013 JUL 2 6 AM 10: 4 3
Phelan Hallinan,LLP Attorney For Plaintiff CUMBERLAND COUNTY
1617 JFK Boulevard,Suite 1400 PENNSYLVANIA
One Penn Center Plaza
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.12-2898-CIVIL
MICHAEL K.CLOUSER
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 07116/2013.
Kindly amend the information on the docket accordin
Date: By:
Justi es ,Esq.,Id.No
.200392
omey for Esq.,
PH#788177
V
PHELAN HALLINAN,LLP Attorney for Plaintiff
Adam H.Davis,Esq., Id.No.203034 cnr
1617 JFK Boulevard,Suite 1400 r
CD CC:)
One Penn Center Plaza
Philadelphia,PA 19103 ;r_C) up )
Adam.Davis @PhelanHallinan.com
215-563-7000
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,PENNSYLVANIA
BANK OF AMERICA,N.A.,SUCCESSOR BY CUMBERLAND COUNTY
MERGER TO BAC HOME LOANS SERVICING,
LP FKA COUNTRYWIDE HOME LOANS COURT OF COMMON PLEAS
SERVICING LP
Plaintiff, CIVIL DIVISION
V. No.: 12-2898-CIVIL
MICHAEL K.CLOUSER
Defendant(s)
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2
COMMONWEALTH OF PENNSYLVANIA )
PHILADELPHIA COUNTY ) SS:
As required by Pa. R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders
and any known interested party in the manner required by Pa. R.C.P.3129.2(c)on each of
the persons or parties named,at that address,set forth on the Affidavit and as amended if
applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return
Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A".
�/Vlis
Adam H.Davis,Esq.,Td.No.20304
Date:
g�! 7 Attorney for Plaintiff
. ( ` y
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#788177
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.: 12-2898-CIVIL
V.
MICHAEL K. CLOUSER CUMBERLAND COUNTY
Defendant(s)
AMENDED 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 317 EAST
PORTLAND STREET,MECHANICSBURG,PA 17055-3355.
1. Name and address of Owner(s)or reputed Owner(s):
Name Address(if address cannot be reasonably ascertained,
please so indicate)
MICHAEL K.CLOUSER 317 EAST PORTLAND STREET,
MECHANICSBURG,PA 17055-3355
2. Name and address of Defendant(s)in the judgment:
Name Address(if address cannot be reasonably
ascertained,please so indicate)
MICHAEL K.CLOUSER 317 EAST PORTLAND STREET
MECHANICSBURG,PA 17055-3355
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold:
Name Address(if address cannot be
reasonably ascertained,please indicate)
None
4. Name and address of last recorded holder of every mortgage of record:
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
5. Name and address of every other person who has any record lien on the property:
Name Address(if address cannot be
reasonably ascertained,please indicate)
BOROUGH OF MECHANICSBURG 36 W ALLEN STREET
MECHANICSBURG,PA 17055-6257
BOROUGH OF MECHANICSBURG C/O LISA COYNE&COYNE,P.C.
MARIE COYNE 3901 MARKET STREET
CAMP HILL,PA 17011
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
PH#788177
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 317 EAST PORTLAND STREET
MECHANICSBURG,PA 17055-3355
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
LESLIE A.CLOUSER 907 DERBYSHIRE AVENUE
MECHANICSBURG,PA 17055-5704
LESLIE A.CLOUSER C/O MEGAN E. 3101 NORTH FRONT STREET
CASTOR,ESQUIRE HARRISBURG,PA 17110
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: V By:
Phelan Hallinan,LLP
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
PHELAN HALLINAN,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza,Philadelphia,PA 19103
215-563-7000
PH#788177
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Name and Phelan Hallinan,LLP
Address 1617 JFK Boolcvard,Suite 1400
Of Send= One Penn Center Plaza
Philadelptia,P 19103 AZIQSCS-09/0412013 SALE
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Line Miele Number Name of Addressee,Street,and Post Office Address Postage Us
TENANT/OCCUPANT
317 EAST PORTLAND STREET
MECHANICSBURG,PA 17055-3355 4A
2 COMMONWEALTH OF PENNSYLVANIA BUREAU OF tNDIVIDUAL TA)C&lg INHERITANCE TAX DIVISION $OAS ki
6TH FLOOR.STRAWBERRY SO.
DEPT 28060!
HARRISBURG,PA 17128n$
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P.O."BOX 8486 yG its.
WILLOW OAK BUILDING
HARRISBURG,?A 17105
4 LESLIE A.CLOUSER $0.45
907 DERBYSHIRE AVENUE
MECHANICSBURG,PA 170 -5703
LESLIE A.CLOUSER CJO MEGAN E.CASTOR.ESQUIRE $0.d5
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HARRMUR(',PA 171415
9 INTERNAL REVENUE SERVICE ADVISORY SOA5
1000 LIBERTY AVENUE ROOM 704
PITTSBURGH,PA 15222
U.S.DEPARTMENT OF JUSTICE SOAS
U.S.ATTORNEY FOR THE MIDDLE DISTRICT OF PA
FEDERAL BUILDING
229NVALNUT STREET,SUITE 120
PO BOX 11754
IIARRMURG,PA 17109-1754
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Line Article Number Nsart of Addreawt.Street anil Past Office Address PpstA e -14
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PH#788177
AFFIDAVIT OF SERVICE(FNMA)
PLAINTIFF CUMBERLAND COUNTY
BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC
HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME PH#788177
LOANS SERVICING LP
DEFENDANT SERVICE TEAM/lxh
MICHAEL K.CLOUSER COURT NO.:12-2898-CIVIL
SERVE MICHAEL K.CLOUSER AT: TYPE OF ACTION n f
317 EAST PORTLAND STREET XX Notice of Sheriffs Sale G
MECHANICSBURG,PA 17055-3355 SALE DATE: September 4,2013 -13 t-rt r
SERVED 23 IVI.I -i
,S,erved and made known to MICHAEL K.CLOUSER,Defendant on the_day of 20 �.
�,o'clock .,at ��..�!m 1" T ,in the manner described below: �� Z
' Defendant p1sonally served. CD
_Adult family member with whom Defendant(s)reside(s).
Relationship is
_Adult in charge of Defendant's residence who refused to give name or relationship. 4
_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:
t-S Description: Age _ Height,> Weight C�is Race luSex Other
I, �vetwo , 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: ,� ��
�> PRINTED NAME: �o�-u"fit
TITLE:
NOT SERVED
On the day of 20_,at o'clock_.M.,I, a competent adult hereby
state thatteefendant I�O'�FOUND because:
Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant)
_No Answer on at at
Service Refused
Other:
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
BY:
PRINTED NAME:
ATTORNEY FOR PLAINTIFF
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
.(215)563-7000
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
Alison.zuckerman @phelanhallinan.corn
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 : Civil Division
SERVICING LP •
Plaintiff • CUMBERLAND County
v. • No.: 12-2898-CIVIL '
W f. -
MICHAEL K. CLOUSER ,Fri
d- ?`r
Defendant
PLAINTIFF'S MOTION TO REASSESS DAMAGES @
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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 May 9, 2012.
2. Judgment was entered on April 1, 2013 in the amount of$91,315.63. 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.
788177
5. Additional sums have been incurred or expended on Defendant's behalf since the
Complaint was filed and Defendant has been given credit for any payments that have been made
since the judgment. The amount of damages should now read as follows:
Principal Balance $90,048.54
Interest Through September 4, 2013 $8,498.93
Late Charges $83.07
Legal fees $1,875.00
Cost of Suit and Title $590.99
Property Inspections $225.00
Escrow Deficit $5,144.03
TOTAL $106,465.56
6. The judgment formerly entered is insufficient to satisfy the amounts due on the
Mortgage.
7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to
inclusion of the figures set forth above in the amount of judgment against the Defendant.
8. Plaintiffs foreclosure judgment is in rem only and does not include personal
liability, as addressed in Plaintiff's attached brief.
9. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of
its proposed Motion to Reassess Damages and Order to the Defendant on September 10, 2013 and
requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant.
A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9)and certification of
mailing are attached hereto, made part hereof, and marked as Exhibit `B".
10. No judge has previously entered a ruling in this case.
11. 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 January 30, 2013 .
788177
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hal ' an, LLP
DATE: �r By: .44111
Alliso an, Esquire
ATT•ppVcke•-
4 EY FOR PLAINTIFF
788177
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
BANK OF AMERICA, N.A., SUCCESSOR BY • Court of Common Pleas
MERGER TO BAC HOME LOANS SERVICING, :
LP FKA COUNTRYWIDE HOME LOANS : Civil Division
•
SERVICING LP
Plaintiff • CUMBERLAND County
•
v. • No.: 12-2898-CIVIL
MICHAEL K. CLOUSER
Defendant
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
MICHAEL K. CLOUSER 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
317 EAST PORTLAND STREET, MECHANICSBURG, PA 17055-3355. The Mortgage
indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary
sums, including taxes, insurance, and other items, in order to protect the security of the
Mortgage.
In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous,
promised monthly mortgage payments. Accordingly, after it was clear that the default would not be
788177
cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently
entered by the Court, and the Property is currently scheduled for Sheriffs Sale.
Because of the excessive period of time between the initiation of the mortgage foreclosure
action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are
outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums,
costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage
in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments
tendered through bankruptcy, if any.
II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT
It is settled law in Pennsylvania that the Court may exercise its equitable powers to control
the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E.,
Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase
Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The
Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its
judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489
(Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998).
Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991).
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank,445
Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact,
can be expected to change from day to day because the bank must advance sums in order to protect
its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must
protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d
788177
826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the
judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality
Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale
without the requested amended judgment, and if there is competitive bidding for the Property,
Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to
protect its interests. Conversely, amending the in rem judgment will not be detrimental to
Defendant as it imputes no personal liability.
In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that
a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa.
Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not
adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender
payments during the foreclosure proceeding and the advances made by the mortgage company. The
Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal
and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is
also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance
premiums, fire insurance premiums,taxes and other assessments relating to the Property. The
mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur
significant unjust financial losses on this loan.
III. THE FORECLOSURE JUDGMENT IS IN REM ONLY
The within case is a mortgage foreclosure action, the sole purpose of which is to take the
mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage
foreclosure is strictly in rem and does not include any personal liability. Newtown Village
788177
Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer
Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania
Rule of Civil Procedure 1141(a).
However, Pennsylvania law requires that the foreclosure action demand judgment for the
amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for
bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the
mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would
receive the amount of the in rem judgment from the Sheriff
IV. INTEREST
The Mortgage clearly requires that the Defendant shall promptly pay when due the principal
and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be
charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior
to the date of default through the date of the impending Sheriffs sale has been requested.
V. TAXES AND INSURANCE
If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure
proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale,
Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the
outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be
able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums.
788177
Most importantly, the Mortgage specifically provides that the mortgagee may advance the
monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is
simply seeking to have the Court enforce the terms of the Mortgage.
VI. ATTORNEYS 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
788177
Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are
significantly less than what is permitted by Pennsylvania law.
VII. COST OF SUIT AND TITLE
Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in
the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff
paid to date as a result of the mortgage default.
The title report is necessary to determine the record owners of the property, as Pa.R.C.P.
1144 requires all record owners to be named as Defendants in the foreclosure action. It is also
necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale
purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens
on the property, whether the Defendants are divorced (which could affect service of the
complaint), and numerous other legal issues. The title bringdown is necessary to identify any
new liens on the property or new owners between the time of filing and complaint and the writ
date.
The Freedom of Information Act inquiries and the investigation into Defendants'
whereabouts are necessary to effectively attempt personal service of the complaint and notice of
sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1
and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as
their interests will be divested by the Sheriffs 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
788177
foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from
the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of
suit and title in their entirety, which will not cause harm to the Defendants.
VIII. PROPERTY INSPECTIONS AND PRESERVATION
The terms of the mortgage provide for property inspections and property preservation
charges. The lender or its agent may make reasonable inspections of the property pursuant to the
terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender
may do, or pay for, whatever is reasonable to protect its interest in the collateral, including
property maintenance. Any amounts disbursed by the lender for property inspections and
preservation become additional debt of the borrower secured by the mortgage. The lender may
charge the borrower for services performed in connection with the default, for the purpose of
protecting the lender's interest in the property, including property inspections and valuation
costs.
When a loan is in default, the lender's risk increases. Mortgage companies typically have
a vendor visit the premises to determine if any windows need to be boarded up, if the property is
vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any
problems at the mortgaged premises, then the mortgage company may proceed to take whatever
steps are necessary to secure the collateral, such as boarding windows, winterizing, removing
hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks,
which are referred to in the industry as "property preservation". These services avoid code
violations and avoid the property becoming an eyesore in the neighborhood. Property
preservation helps maintain property values in the neighborhood.
788177
Accordingly, line items included in Motions to Reassess Damages for property
inspections and property preservation represent amounts which the mortgage company has paid
out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract.
Since the terms of the mortgage provide that such expenses by the mortgage company become
part of the borrower's debt secured by the mortgage, those expenses are properly included in the
Plaintiff's Motion to Reassess Damages.
IX. CONCLUSION
Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by
legal proceedings, and such delays require the mortgagee to expend additional sums provided for by
the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be
included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess
Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance
with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would
recover the monies it expended to protect its collateral.
WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hallinan, LLP
DATE: gitqlt> By: /-
n (. an squire
Attorney for Pl.
788177
Exhibit "A"
788177
•
PHELAN HALLINAN,LLP Attorney for Plaintiff
Jonathan Lobb, Esq., Id.No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103 �1 �`•�'_
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 o
vs. : No. 12-2898-CIVIL r0
MICHAEL K. CLOUSER - - o
,, 1:4° ss c rn
PRAECIPE FOR IN REM JUDG11 1 T ''e F;TLYJRt TO
ANSWER AND ASSESSME 'i +AMAGES 3`'c °• -c4f-'4
—
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TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against MICHAEL K. CLOUSER,
Defendant for failure to file an Answer to Plaintiff's Complaint within 20 days from service
thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiffs damages as
follows:
As set forth in Complaint $91,315.63
TOTAL $91,315.63
I hereby certify that(1)the Defendant's last known address is 317 EAST PORTLAND
STREET,MECHANICSBURG,PA 17055-3355,and(2)that notice has been given in
accordance with Rule Pa.R.C.P 237.1.
Date 3/2 I/3 I / 2(G-
Jam. an Lobb,Esq.,Id.No.312174
• orney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: 9//1/2 I
PRO "- 0 • it
294401
Exhibit "B"
788177
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
MICHAEL K. CLOUSER
317 EAST PORTLAND STREET
MECHANICSBURG,PA 17055-3355
RE: BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS
SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP v. MICHAEL
K. CLOUSER
Premises Address: 317 EAST PORTLAND STREET MECHANICSBURG,PA 17055
CUMBERLAND County CCP,No. 12-2898-CIVIL
Dear Defendant,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief that is,increasing the amount of the judgment.Please
respond to me within 5 days,by 9/18/2013.
Should you have further questions or concerns,please do not hesitate to contact me.
Otherwise,please be guided accordingly.
Very truly yours,
Allison F.Z eke• : :, Esq., lc I..309519
Attorney for "aintif
Enclosure
788177
iiiii N
Name and Phelan Hallinan,I.LP
Address y 1617 JF'K Boulevard.Suite 1400
Of Sender One Penn Center Plaza
1 il Philadelphia,PA 19103 KVM 1 rw►
Line Article Number Name of Addressee,Street,and Post Office Address Postage °
1 **** MICHAEL K.CLOUSER $0.46 + (e n'
317 EAST PORTLAND STREET �.. -
' MECHANICSBURG,PA 17055-3355 0 .;2' NQ°
RE:MICHAEL K.CLOUSER(CUMBERLAND) PH#788177/1100 Page 1 of l I S0.46
1
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Form 3877 Facsimile
ba
u
788177
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
BANK OF AMERICA, N.A., SUCCESSOR BY • Court of Common Pleas
MERGER TO BAC HOME LOANS SERVICING, :
LP FKA COUNTRYWIDE HOME LOANS : Civil Division
SERVICING LP
Plaintiff • CUMBERLAND County
•
v. • No.: 12-2898-CIVIL
•
MICHAEL K. CLOUSER
Defendant
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages,
and Brief in Support thereof, were sent to the following individual on the date indicated below.
MICHAEL K. CLOUSER
317 EAST PORTLAND STREET
MECHANICSBURG, PA 17055-3355
Phela Hallinan
DATE: OP g B
L By I IPA
• llisonn Zu -rman, Esquire
ATTORN Y FOR PLAINTIFF
788177
Lit
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
BANK OF AMERICA, N.A., SUCCESSOR BY • Court of Common Pleas
MERGER TO BAC HOME LOANS SERVICING, :
LP FKA COUNTRYWIDE HOME LOANS : Civil Division
SERVICING LP •
Plaintiff CUMBERLAND County
•
v. • No.: 12-2898-CIVIL
MICHAEL K. CLOUSER
Defendant
RULE
AND NOW, this Z " day of Sri-44u— 2013, a Rule is entered upon the Defendant
to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess
Damages.
Defendant shall have twenty (20) days from the date of this Order to file a response to
Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
BY THE COURT
J.
FTI r-� _
7 „-
GJ
_ ya
t,,) -
788177
. F HE PROTHUN0fAp
Phelan Hallinan, LLP 2813 OCT -4 AM IQ.
Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY
One Penn Center Plaza PENNSYLVANIA
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
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 : Civil Division
SERVICING LP
Plaintiff • CUMBERLAND County
•
vs. • No.: 12-2898-CIVIL
•
MICHAEL K. CLOUSER
Defendant
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's September 24, 2013 Rule
directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should
not be granted was served upon the following individual on the date indicated below.
MICHAEL K. CLOUSER
317 EAST PORTLAND STREET
MECHANICSBURG, PA 17055-3355
Phelan Hallinan, LLP
DATE: /0/343 BY:
J•.<-'.than Lobb,Esq.,Id. No.312174
Attorney for Plaintiff
788177
. E F LO I 1 QHOT/:,
2013 OCT 2 I I0: 07
CUMBERLAND COUNTY
PENNSYLVANIA
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
BANK OF AMERICA, N.A., SUCCESSOR BY : Court of Common Pleas
MERGER TO BAC HOME LOANS SERVICING, :
LP FKA COUNTRYWIDE HOME LOANS : Civil Division
•
SERVICING LP
Plaintiff • CUMBERLAND County
vs. • No.: 12-2898-CIVIL
MICHAEL K. CLOUSER
Defendant
MOTION TO MAKE RULE ABSOLUTE
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS
SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, 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 Defendant on September 10, 2013
and requested the Defendant's Concurrence. Plaintiff did not receive any response from the
788177
Defendant. 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.
3. A Rule was issued by the Honorable Kevin A. Hess on or about September 24,
2013 directing the Defendant 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. Defendant 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 Plaintiff's Motion to Reassess Damages.
Phelan Hallinan
DATE: D C Z0 By: / AP
lli . F. erm. 'sq., Id.No.309519
orney for Plai• f
788177
..
•
Exhibit "A"
788177
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
MICHAEL K. CLOUSER
317 EAST PORTLAND STREET
MECHANICSBURG,PA 17055-3355
RE: BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS
SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP v.MICHAEL
K. CLOUSER
Premises Address: 317 EAST PORTLAND STREET MECHANICSBURG,PA 17055
CUMBERLAND County CCP,No. 12-2898-CIVIL
Dear Defendant,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your
concurrence with the requested relief that is,increasing the amount of the judgment.Please
respond to me within 5 days,by 9/18/2013.
Should you have further questions or concerns,please do not hesitate to contact me.
Otherwise,please be guided accordingly.
Very truly yours,
'1#
Allison F.Z ekes a , Esq., k 1 .309519
Attorney for aintif
Enclosure
788177
Exhibit "B"
788177
Lit
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
BANK OF AMERICA,N.A., SUCCESSOR BY • Court of Common Pleas
MERGER TO BAC HOME LOANS SERVICING, •
LP FKA COUNTRYWIDE HOME LOANS Civil Division
SERVICING LP
Plaintiff CUMBERLAND County
v. • No.: 12-2898-CIVIL
MICHAEL K. CLOUSER
Defendant
RULE
AND NOW,this Z`r` day of �..4i— 2013, a Rule is entered upon the Defendant
to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess
Damages.
Defendant shall have twenty (20) days from the date of this Order to file a response to
Plaintiff's Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
BY THE COURT
, ! /
J.
C) P.
N
A CD-11
,f1l
NO -
788177
..
Exhibit "C"
Phelan Hallinan,LLP
Jonathan Lobb,Esq.,Id.No.312174 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400 ,.,
One Penn Center--P-laza ,
Philadelphia.PA 19103 -o g"-:;
Jonathan.Lobb @phelanhallinan.com 9"? ., r°°
215-563-7000 !
-tom '
BANK OF AMERICA,N.A., S JCC'ESSO BY Court 4afComm K7.a:
MERGER TO BAC HOME LOANS SERVICING . , '
LP FKA COUNTRYWIDE HOME LOANS Civil Division ' o
SERVICING LP --< `
Plaintiff CUMBERLAND County
vs. No.: 12-2898-CIVIL
MICHAEL K. CLOUSER
'Its COI
worn
Defendant ope,c0
ERTIFICA TIO OF SERVICE:
I hereby certify that a true and correct copy of the Court's September 24,E #
i,s.
directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should
not be granted was served upon the following individual on the date indicated below.
MICHAEL K. CLOUSER
317 EAST PORTLAND STREET
MECHANICSBURG,PA 17055-3355 , ;�;P '
f
Phelan Hallinan, LLP
DATE: t By: _ _
J ,' than Lobb,Esq.,Id.No.312174
Attorney for Plaintiff
788177
•
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
BANK OF AMERICA, N.A., SUCCESSOR BY : Court of Common Pleas
•
MERGER TO BAC HOME LOANS SERVICING,
LP FKA COUNTRYWIDE HOME LOANS • Civil Division
SERVICING LP •
Plaintiff • CUMBERLAND County
vs.
• No.: 12-2898-CIVIL
MICHAEL K. CLOUSER •
Defendant
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute
was served upon the following individual on the date indicated below.
MICHAEL K. CLOUSER
317 EAST PORTLAND STREET
MECHANICSBURG, PA 17055-3355
Phelan Hallin. • i-
DATE: 0 O L By:
ison WIMP" , Esq., Id. No.309519
Attorney for ' ..ntiff
788177
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
BANK OF AMERICA, N.A., SUCCESSOR BY • Court of Common Pleas
MERGER TO BAC HOME LOANS SERVICING, :
LP FKA COUNTRYWIDE HOME LOANS : Civil Division
SERVICING LP
Plaintiff • CUMBERLAND County
vs. •
•
No.: 12-2898-CIVIL
MICHAEL K. CLOUSER •
Defendant
ORDER
AND NOW, this Z y 6 day of et.h.bir- , 2013, upon consideration of Plaintiff's
Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered
upon Defendant shall be and is hereby made absolute and 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 $90,048.54
Interest Through October 4, 2013 $8,883.52
Late Charges $83.07
Legal fees $1,875.00
Cost of Suit and Title $530.65
Property Inspections $105.00
Escrow Deficit $5,144.03
TOTAL $106,669.81
Plus interest at six percent per annum.
Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above
Tlgtrf . M
I.CrJL£S
*-4 f BY T r E COURT
cv rf m• A. -.n
J.
/o/a-r/i3
788177
HON Tetiiy
1°14,IAN
2p �j; 49
PENNSY pip '°LINTY
PHELAN HALLINAN, LLP
BY: D. TROY SELLARS, ESQUIRE Attorney for Plaintiff
Identification No.: 210302
126 Locust Street
Harrisburg, PA 17101
Telephone: (215) 563-7000 x 1360
E-mail: troy.sellars @phelanhallinan.com
Bank of America, N.A., successor by
merger to BAC Home Loans Servicing,LP Court of Common Pleas
fka Countrywide Home Loans Servicing
LP Civil Division
7105 Corporate Drive
Plano, TX 75024 No. 12-2898-Civil
Plaintiff
v. Cumberland County
Michael K. Clouser
317 East Portland Street
Mechanicsburg,PA 17055-3355
Defendant
PLAINTIFF'S MOTION TO SET ASIDE SHERIFF'S SALE
Plaintiff, Bank of America,N.A., successor by Merger to BAC Home Loans Servicing, LP
F/K/A Countrywide Home Loans Servicing L.P.,by and through its attorneys,Phelan Hallinan,
LLP, and respectfully requests that this Honorable Court enter an Order setting aside the December
4, 2013, Sheriff's Sale of the property located at 317 East Portland Street, Mechanicsburg,PA
17055-3355 and in support thereof avers as follows:
1. An in rem default judgment was entered in favor of Plaintiff in the above
referenced mortgage foreclosure action on April 1, 2013.
788177
• 2. ^ Pursuant to a Writ of Execution issued on May 2, 2013 to enforce the judgment,the
mortgaged premises was sold to Plaintiff at the Cumberland County Sheriff's sale held on
December 4, 2013.
3. However,unbeknownst to Plaintiff's counsel, Defendant made a loan modification
payment the day of the Sheriff's sale.
4. As such,it is appropriate to set aside the Sheriff's sale held on December 4, 2013 as
Defendant has applied the appropriate payment and remains in the modification program.
5. As the instant Motion is for the benefit of the Defendant, Plaintiff avers that its
Motion be considered uncontested.
6. In accordance with Cumberland County Local Rules, Plaintiff sent a copy of its
proposed Motion to Set Aside Sheriff's Sale on December 23, 2013 and requested Defendant's
concurrence. A true and correct copy of Plaintiff's December 23, 2013 letter is attached hereto,
made part hereof and marked as Exhibit"A".
WHEREFORE,Plaintiff respectfully requests that this Honorable Court enter an Order
setting aside the December 4, 2013 Sheriff's sale.
Respectfully submitted,
PHELAN HALLINAN, LLP
Date: / Z/i /13 By: 6.
D. Troy SAlars, Esquire
Attorney for Plaintiff
788177
•
Exhibit "A"
p " ;
ILL.,. ,
,,,, i Repte.t r ling Le*tier sinr en ylvarw
126 Locust Street
Harrisburg, PA 17101
Telephone: (215) 563-7000 x 1360
Fax: (717) 234-1959
Email: troy.sellars @phelanhallinan.com
D. Troy Sellars, Esquire Representing Lenders in
Pennsylvania*
December 23, 2013
Michael K. Clouser
317 East Portland Street
Mechanicsburg, PA 17055-3355
Re: Bank of America, N.A. v. Michael K. Clouser
Cumberland County CCP, No. 12-2898-Civil
Dear Mr. Clouser:
Enclosed please find Plaintiffs Motion to Set Aside Sale, Memorandum of Law, Rule
Returnable, proposed Order, and Certification of Service relative to the above-referenced matter
for your review. Pursuant to the Local Rules of Court in Cumberland County, we would like to
know if you concur or intend to oppose the Motion. Please contact us by no later than December
Monday, December 30, 2013.
If you do not respond, we will file the Motion on Tuesday, December 31, 2013 and
indicate you did not concur.
Very ruly your ,
ille
Q
D. Troy Gars, squire
DTS/sec
Enclosures
*This firm is a debt collector attempting to collect a debt.Any information received will be used for that purpose.If you have
previously received a discharge in bankruptcy and this debt was not reaffirmed,this correspondence is not and should not be
construed to be an attempt to collect a debt,but only enforcement of a lien against property.
788177
tF ti1
2D11! JAN `2 H II: Lag
PHELAN HALLINAN, LLP CIJ BEERNLAND COUNTY
�ENNSYLv
BY: D. TROY SELLARS, ESQUIRE Xt" 1y for Plaintiff
Identification No.: 210302
126 Locust Street
Harrisburg, PA 17101
Telephone: (215) 563-7000 x 1360
E-mail: troy.sellars @phelanhallinan.com
Bank of America, N.A., successor by
merger to BAC Home Loans Servicing, LP Court of Common Pleas
fka Countrywide Home Loans Servicing
LP Civil Division
7105 Corporate Drive
Plano, TX 75024 No. 12-2898-Civil
Plaintiff
v. Cumberland County
Michael K. Clouser
317 East Portland Street
Mechanicsburg,PA 17055-3355
Defendant
CERTIFICATION OF SERVICE
I hereby certify that I caused true and correct copies of Plaintiffs Motion to Set Aside Sale,
Memorandum of Law, Rule Returnable,proposed Order and attached Exhibit to be served on the
following by regular mail sent on the date indicated below:
Michael K. Clouser
317 East Portland Street
Mechanicsburg, PA 17055-3355
The Sheriff of Cumberland County
Cumberland County Courthouse
One Courthouse Square, # 303
Carlisle, PA 17013
DATE: ) Z 13 t )13 BY: e -9
D. Troy liars, Esquire
Attorney for Plaintiff
788177
A.
it
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Bank of America, N.A., successor by
merger to BAC Home Loans Servicing, LP Court of Common Pleas
fka Countrywide Home Loans Servicing
LP Civil Division
7105 Corporate Drive
Plano, TX 75024 No. 12-2898-Civil r
Plaintiff =
v. Cumberland County a7,.
Michael K. Clouser ]c _-
317 East Portland Street
Mechanicsburg,PA 17055-3355 ..°•.)
Defendant
ORDER
AND NOW,this W4 day of `/ •AI , 2013, upon consideration
of Plaintiff's Motion to Set Aside Sheriff' Sale and Defendant's response thereto, if any, it is
hereby:
ORDERED and DECREED that Plaintiff's Motion is granted; and
ORDERED and DECREED that the December 4, 2013 Sheriff's sale of the property at
317 East Portland Street, Mechanicsburg, PA 17055-3355 is hereby set aside and the Sheriff is
hereby directed to stay the Writ of Execution and return it to the Office of the Prothonotary.
BY T COURT: cii4,..
i.0 V P2,11.€4
A-I- � t J.
i/7/iy
788177
h.
PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER
COURT OF COMMON PLEAS
BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER
TO BAC HOME LOANS SERVICING,LP FKA CIVIL DIVISION
COUNTRYWIDE HOME LOANS SERVICING LP
Plaintiff NO.: 12-2898-CIVIL
CUMBERLAND COUNTY
v.
MICHAEL K.CLOUSER
Defendant(s)
PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER
To the Prothonotary:
Kindly Enter Judgment per the Court Order dated 10/24/2013 in favor of the Plaintiff and against MICHAEL K.
CLOUSER,defendant(s).
As Set Forth in the Order 106 669.8
Phe/l allinan,LLP
Jo Michael Kolesnik,Esq.,Id.No.308877
torney for Plaintiff
rn.1...rt3
PHS#788177 to t-
C.
C :
fl,41/4/
/9,3s7L
R- -- 36 32e)/
- IN THE COURT OF COMMON PLEAS
CtilVIBERLAND COUNTY, PENNSYLVANIA
BANK OF AMERICA, N.A., SUCCESSOR BY Court of Common Pleas
MERGER-10 BAC HOME LOANS SERVICING,
UP FKA COUNTRYWIDE HOME LOANS Civil Division
SERVICING LP
Plaintiff CUMBERLAND County
vs,
No.: 12-2898-CIVIL
MICHAEL K. CLOUSER
Defendant
ORDER
AND NOW, this 2 day of Clip,b-cr. 2013, upon consideration of Plaintiffs
Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered
upon Defendant shall he and is hereby made absolute and Plaintiffs 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 tune as follows:
Principal Balance $90,048.54
Interest Through October 4, 2013 $8,883.52
Late Charges $83,07
Legal fees $1,875.00
Cost of Suit and Title $530.05
Pn)perty Inspections S10500
Escrow Deficit $5,144.03
TOTAL $106,669,81
Plus Na percent per annum.
Now: A he iibove figure is not a payoff quote. Sneriff's cornini.ssion iticluded a he above
BY LI:IL OtiRti
z: ./
788177
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
SERVICING LP • CIVIL DIVISION
Plaintiff
•
NO.: 12-2898-CIVIL
v. •
•
MICHAEL K. CLOUSER CUMBERLAND COUNTY
Defendant(s)
To the Prothonotary:
Issue writ of execution in the above matter:
Amount Due $106,669.81 r
Interest from 10/05/2013 to Date of Sale $5,855.02 r.
($17.53 per diem) '
.ate...ci -
TOTAL $112,524.83 --"
i
' elan Hallinan,LLP
John Michael Kolesnik,Esq.,Id.No.308877
Attorney for Plaintiff
Note: Please attach description of property.
PH#788177
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 12-2898 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 MICHAEL K. CLOUSER
(1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s)not levied upon in the possession
of
GARNISHEE(S)as follows:
and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant
(s)or otherwise disposing thereof;
(3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due: $106,669.81 L.L.:
Interest FROM 10/5/2013 TO DATE OF SALE($17.53 PER DIEM)-$5,855.02
Atty's Comm: Due Prothy: $2.25
Atty Paid: $241.25 Other Costs:
Plaintiff Paid:
Date:3/20/14
L
David Di ell,Prothono a a •
(Seal) By: AL—"// //. . AAA .A •
Deputy
REQUESTING PARTY:
Name:JOHH MICHAEL KOLESNIK,ESQUIRE
Address: PHELAN HALLINAN,LLP
1617 JFK BLVD.,SUITE 1400
ONE PENN CENTER PLAZA
PHILADELPHIA, PA 19103
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No.308877
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg,Cumberland
County,Pennsylvania,more particularly bounded and described according to survey of D.P.Raffensperger,
Registered Surveyor,dated August 5, 1953,as follows:
BEGINNING at a point on the Northern line of Portland Street ninety(90)feet West of the Northwest corner
of the intersection of Portland Street and Filbert Street,also being at the dividing line between Lots Nos.4
and 5,Block'A'on hereinafter mentioned Plan of Lots;THENCE Westwardly along the Northern line of
Portland Street,sixty(60)feet to a point at the dividing line between Lots Nos.5 and 6,Block'A',on said
plan;THENCE North eighteen(18)degrees eleven(11)minutes West along same,one hundred thirty nine
and nine one-hundredths(139.09)feet to a point at the dividing line between Lots Nos.2 and 5,Block'A',on
said Plan;THENCE South sixty-two(62)degrees three(03)minutes East along same and along the dividing
line between Lots Nos. 3 and 5,Block'A'on said Plan,eighty-six and fifty-eight one-hundredths(86.58)feet
to a point at the dividing line between Lots Nos.4 and 5,Block'A'on said Plan;THENCE South eighteen
(18)degrees eleven(11)minutes East along same,seventy-six and sixty-seven one-hundredths(76.67)feet to
a point,the place of BEGINNING.
BEING Lot No.5,Block'A'on Plan of Lots known as White Acres, said Plan being recorded in the Office of
the Recorder of Deeds in and for Cumberland County in Plan Book 6.
TITLE TO SAID PREMISES VESTED IN Michael K.Clouser,an adult Individual,by Deed from
Linda K.Metz, a widow,dated 07/16/2004,recorded 07/30/2004 in Book 264,Page 2185.
PREMISES BEING:317 EAST PORTLAND STREET,MECHANICSBURG,PA 17055-3355
PARCEL NO. 18-22-0519-139.
PHELAN HALLINAN, LLP Attorneys for Plaintiff
John Michael Kolesnik, Esq., Id. No.308877
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
John.Kolesnik@phelanhallinan.com
215-563-7000
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.: 12-2898-CIVIL
v.
MICHAEL K. CLOUSER : CUMBERLAND COUNTY
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
( ) Act 91 procedures have been fulfilled
(X) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943
This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to
authorities.
By:
%` an Hallinan,LLP
John Michael Kolesnik,Esq.,Id.No.308877
Attorney for Plaintiff
r`t
J 4,.._, r ) L_
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER ▪ COURT OF COMMON PLEAS
•
TO BA(: HOME LOANS SERVICING,LP FKA
COUNTRYWIDE HOME LOANS SERVICING LP • CIVIL DIVISION
•
Plaintiff
• NO.: 12-2898-CIVIL
•
v.
•
MICHAEL K. CLOUSER ▪ CUMBERLAND COUNTY
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 317 EAST
PORTLAND STREET,MECHANICSBURG,PA 17055-3355.
1. Name and address of Owner(s)or reputed Owner(s):
Name Address(if address cannot be reasonably ascertained,
please so indicate)
MICHAEL K.CLOUSER 317 EAST PORTLAND STREET,
MECHANICSBURG,PA 17055-3355
r7l
� ...
.,-'emu
2. Name and address of Defendant(s)in the judgment: r :
Name Address(if address cannot be reasonably —` -
ascertained,please so indicate)
MICHAEL K.CLOUSER 317 EAST PORTLAND STREET
MECHANICSBURG,PA 17055-3355
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)
BAC HOME LOANS SERVICING,LP C/O 123 SOUTH BROAD STREET
CCABE WEISBERG ET AL ATTN: SUITE 1400
MARGARET GAIRO,ESQUIRE PHILADELPHIA,PA 19109-1031
BAC HOME LOANS SERVICING,LP C/O 2940 MAPLE ROAD
MATTHEW J.ESHELMAN,ESQUIRE CAMP HILL,PA 17011
BAC HOME LOANS SERVICING,LP C/O 123 SOUTH BROAD STREET
MCCABE WEISBERG CONWAY PC ATTN: SUITE 1400
KEVIN T.MCQUAIL,II,ESQUIRE PHILADELPHIA,PA 19109-1031
BAC HOME LOANS SERVICING,LP C/O 123 SOUTH BROAD STREET
MCCABE WEISBERG ET AL ATTN:MARC SUITE 1400
WEISBERG,ESQUIRE PHILADELPHIA,PA 19109-1031
PH#788177
BAC HOME LOANS SERVICING,LP C/O 123 SOUTH BROAD STREET
MCCABE WEISBERG ET AL ATTN: SUITE 1400
TERRENCE J.MCCABE,ESQUIRE PHILADELPHIA,PA 19109-1031
4. Name and address of last recorded holder of every mortgage of record:
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
5. Name and address of every other person who has any record lien on the property:
Name Address(if address cannot be
reasonably ascertained,please indicate)
BOROUGH OF MECHANICSBURG 36 W ALLEN STREET
MECHANICSBURG,PA 17055-6257
BOROUGH OF MECHANICSBURG C/O LISA COYNE&COYNE,P.C.
MARIE COYNE 3901 MARKET STREET
CAMP HILL,PA 17011
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 317 EAST PORTLAND STREET
MECHANICSBURG,PA 17055-3355
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
LESLIE A.CLOUSER 907 DERBYSHIRE AVENUE
MECHANICSBURG,PA 17055-5704
LESLIE A.CLOUSER C/O MEGAN E. 3101 NORTH FRONT STREET
CASTOR,ESQUIRE HARRISBURG,PA 17110
DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET
CUMBERLAND COUNTY CARLISLE,PA 17013
PH#788177
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.
7
Date:. �>/ By: 4�
.n Hallinan,LLP
John 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#788177
•
BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO : COURT OF COMMON PLEAS
BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE .
HOME LOANS SERVICING LP : CIVIL DIVISION
Plaintiff : NO.: 12-2898-CIVIL
vs. c r".-,
: CUMBERLAND-COUNTY
MICHAEL K. CLOUSER m
Defendant(s)
cn r�
CD CD
.<-
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY '.
TO: MICHAEL K. CLOUSER -
r
317 EAST PORTLAND STREET
MECHANICSBURG,PA 17055-3355
**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 317 EAST PORTLAND STREET,MECHANICSBURG,PA 17055-3355 is
scheduled to be sold at the Sheriff's Sale on 09/03/2014 at 10:00 AM in the Cumberland County Courthouse,
South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$106,669.81 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 (10) days after the filing of the proposed schedule.
7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately
after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE,PA 17013
(717) 249-3166
(800) 990-9108
SHORT DESCRIPTION
By virtue of a Writ of Execution No. 12-2898-CIVIL
BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS
SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
v.
MICHAEL K. CLOUSER
owner(s) of property situate in the MECHANICSBURG BOROUGH, CUMBERLAND
County, Pennsylvania, being
317 EAST PORTLAND STREET,MECHANICSBURG,PA 17055-3355
Parcel No. 18-22-0519-139.
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
Judgment Amount: $106,669.81
Attorneys for Plaintiff
Phelan Hallinan, LLP
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg,Cumberland
County,Pennsylvania,more particularly bounded and described according to survey of D.P.Raffensperger,
Registered Surveyor,dated August 5, 1953,as follows:
BEGINNING at a point on the Northern line of Portland Street ninety(90)feet West of the Northwest corner
of the intersection of Portland Street and Filbert Street,also being at the dividing line between Lots Nos.4
and 5,Block'A'on hereinafter mentioned Plan of Lots;THENCE Westwardly along the Northern line of
Portland Street,sixty(60)feet to a point at the dividing line between Lots Nos.5 and 6,Block'A',on said
plan;THENCE North eighteen(18)degrees eleven(11)minutes West along same,one hundred thirty nine
and nine one-hundredths(139.09)feet to a point at the dividing line between Lots Nos.2 and 5,Block'A',on
said Plan;THENCE South sixty-two(62)degrees three(03)minutes East along same and along the dividing
line between Lots Nos.3 and 5,Block'A'on said Plan,eighty-six and fifty-eight one-hundredths(86.58)feet
to a point at the dividing line between Lots Nos.4 and 5,Block'A'on said Plan;THENCE South eighteen
(18)degrees eleven(11)minutes East along same,seventy-six and sixty-seven one-hundredths(76.67)feet to
a point,the place of BEGINNING.
BEING Lot No.5,Block'A'on Plan of Lots known as White Acres,said Plan being recorded in the Office of
the Recorder of Deeds in and for Cumberland County in Plan Book 6.
TITLE TO SAID PREMISES VESTED IN Michael K.Clouser,an adult Individual,by Deed from
Linda K.Metz, a widow,dated 07/16/2004,recorded 07/30/2004 in Book 264,Page 2185.
PREMISES BEING:317 EAST PORTLAND STREET,MECHANICSBURG,PA 17055-3355
PARCEL NO. 18-22-0519-139.
AFFIDAVIT OF SERVICE (FNMA)
PLAINTIFF
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC
HOME LOANS SERVICING, LP FICA COUNTRYWIDE HOME
LOANS SERVICING LP
DEFENDANT
MICHAEL K. CLOUSER
SERVE MICHAEL K. CLOUSER AT:
317 EAST PORTLAND STREET
MECHANICSBURG, PA 17055-3355
**DIVORCED- One cannot accept service for the other**
SERVED
CUMBERLAND COUNTY
PH # 788177
SERVICE TEAM/ lxh
COURT NO.: 12 -2898 -CIVIL
TYPE OF ACTION
XX Notice of Sheriff's Sale
SALE DATE: September 3, 2014
Served and made known to MICHAEL K. CLOUSER, Defendant on the _l day of Al Q 1 t„ , 20(4, at
6:s 5 , o clock M., at 317 EAST PORT[aM D SI1 tbT , in the manner described below:
j[Defendant personally served. Me=c14).frr (Cs B v RL, ? 4,
Adult family member with whom Defendant(s) reside(s).
Relationship is
Adult in charge of Defendant's residence who refused to give name or relationship.
_ Manager/Clerk of place of lodging in which Defendant(s) reside(s).
_ Agent or person in charge of Defendant's office or usual place of business.
an officer of said Defendant's company.
Other:
Description: Age 40 Height 51fDI Weight I9'0 Race In/ Sex M Other
C)
C
c.,
Ronald Moll , a competent adult, hereby verify that I personally handed a true and correct copy oaf 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 .e penalties of 18 Pa. C.S. Sec. 4904 relating to
unsworn falsification to authorities.
DATE: 4
9I r
NAME:
PRINTED NAME: Ronald Moll
Proccss Server
TITLE:
NOT SERVED
On the day of,20 , at o'clock . M., I, , a competent adult hereby
state that Defendant NOT FOUND 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
PHELAN HALLINAN, LLP
Adam H. Davis, Esq., Id. No.203034
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
r 1LE-J OFFICE
OF THE PROTHONOTARY
Attorney for Pl?tntilff 0130 AM I I : 14
CUMBERLAND COUNTY
PENNSYLVANIA
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.
MICHAEL K. CLOUSER
Defendant(s)
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
: No.: 12 -2898 -CIVIL
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2
COMMONWEALTH OF PENNSYLVANIA )
PHILADELPHIA COUNTY ) SS:
As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders
and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of
the persons or parties named, at that address, set forth on the Affidavit and as amended if
applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return
Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A".
Date: 772, 7(1 c7e
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.
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
PH # 788177
Name and Phelan Hallinan LLP
Address Of IMO 1617 JFK Boulevard, Suite 1400
Sender One Penn Center Plaza -
Philadelphia, PA 19103 AZK/KRK - 09/03f2014 SALE
0
#
0
iQ
Line
Article Number
Name of Addressee, Street, and Post Office Address
Postage A
Eq
••••
TENANT/OCCUPANT
317 EAST PORTLAND STREET
MECHANICSBURG, PA 17055-3355 vs
50.47
17
en r
2
••••
BAC HOME LOANS SERVICING, LP C/O CCABE WEISBERG ET AL ATTN: MARGARET CAIRO, ESQUIRE
123 SOUTH BROAD STREET
SUITE 1400 ,
PHILADELPHIA, PA 191094031
$0.47
5 N 4
3
•••'.
BAC HOME LOANS SERVICING, LP C/O MATTHEW 3. ESHELMAN, ESQUIRE
2940 MAPLE ROAD
CAMP HILL, PA 17011 4.
50.47
1 ?
4
••'•
BAC HOME LOANS SERVICING, LP C/O MCCABE WP35BERG CONWAY PC ATTN: KEVIN T. MOQUAIL, U,
ESQUIRE
$0.47 ' ... r i,
123 SOUTH BROAD STREET .►
SUITE 1400
PHILADELPHIA, PA 19109-1031
S
••••
BAC HOME LOANS SERVICING. LP C/O MCCABE WEISBERG ET AL ATTN: MARC WEISBERG, ESQUIRE
$0.47
l23 SOUTH BROAD STREET
SUITE 1400
PHILADELPHIA, PA 19109-1031
5. •�
t
6
••••
BAC HOME LOANS SERVICING, LP COO MCCABE WEISBERG ET AL ATTN: TERRENCE.). MCCABE, ESQUIRE
123 SOUTH BROAD STREET ow
SUITE 1400
PHILADELPHIA, PA 19109-1031
$0.47
7
••••
BOROUGH OFMECHANICSBURG
36 W ALLEN STREET
MECHANICSBURG, PA 170554257 aYr
50.47
8
••••
BOROUGH OF MECHANICSBURG C/O LLSA MARIE COYNE
COYNE & COYNE, P.C.
3901 MARKET STREET `
CAMP HILL, PA 17011
$0.47
9
••••
COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAXDIVISION
6TH FLOOR, STRAWBERRY SQ.
DEFT 280601
HARRISBURG, PA 17128
50.47
clrMal'RT °788177/1
Total Number of
Pieces Listed by Sender
Total Number of Pieces
Received at Post Office
Postmaster, Per (Name of
Receiving Employee)
The full declaration of value is required on all domestic and international registered mall. The
maximum indemnity payable for the reconstruction of nonnegotiable documents under Express
Mail document reconstruction insurance is 550,000 per piece subject to a limit of 5500,000 per
occurrence. The maximum indemnity payable on Express Mail merchandise is 5500. The
maximum indemnity payable is $25,000 for registered mail, sent with optional insurance. See
Domestic Mall Manual R900 S913 and S92I for limitations of coverage.
orm 3877 Facsimile
Name and
Address
Of Sender
Line
1
2
3
4
5
6
7
Phelan Hallinan, LLP
1617 MK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Article Number
see •
.5*.
AZK/KR (- 09/03/2014 SALE
Name of Addressee, Street, and Post Office Address
U.S. DEPARTMENT OF JUSTICE
U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA
FEDERAL BUILDING
228 WALNUT STREET, SUITE 220
PO BOX 11754
HARRISBURG, PA 17108-1754
5*5*
pee
a►►e
INTERNAL REVENUE SERVICE ADVISORY
1000 LIBERTY AVENUE ROOM 704
PITTSBURGH, PA 15222
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF WELFARE
P.O. BOX 2675
HARRISBURG, PA 17105
DOMESTIC RELATIONS OF
CUMBERLAND COUNTY
13 NORTH HANOVER STREET
CARLISLE, PA 17013
OP
Postage
$0.48
LESLIE A. CLOUSER C/O MEGAN E. CASTOR, ESQUIRE
3101 NORTH FRONT STREET
HARRISBURG, PA 17110 �►
LESLIE A. CLOUSER
907 DERBYSHIRE AVENUE
MECHANICSBURG, PA 17055-5704
111 O Y
� o
nt.4 2
ticl-ev
!1 w
c+
ma 0
114,
DEPARTMENT OF PUBLIC WELFARE, TPL CASUALTY UNIT, ESTATE RECOVERY PROGRAM
P.O. BOX 8486
WILLOW OAK BUILDING Aa
HARRISBURG, PA 17105
Total Somber of
Mixes toted by Sender
Form 3877 Facsimile
C1IA�9�dRIsO
Total Nasal. of Pieces
Remised at Post Office
tHiblISERIAVDMISMENMS ham Ar.eAt
PGnarser. Per {N.reeof
Receiving Employee)
57.53
The fuildeedmionor value S envied ed an domestic and IMerwbnal `eysbed mall. The maximum indemnity payable
Wr the amntnef5a of tnmcpdi.bie &come a order gaWesa Mag decwneMmeoanroctIen imoran, n SSOArp per
pita atb)set Co a Dalt of SS00.000 peroremere. The nasion,, Indemnity payable en Emcees 2d.a remehaedi,c is S30D.
Tre mautnwm iMemelty Payable k 525.000 kr registered emit sod w oedema femme. See Domenic Mad Mama
59005913 and 5921 for Iiaitnlem ofcorempe.
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
£cE OF THE
Bank of America, N.A.
vs. Case Number
Michael K. Clouser 2012-2898
SHERIFF'S RETURN OF SERVICE
06/16/2014 04:33 PM - Deputy Dawn Kell, 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 317 East Portland Street, Mechanicsburg Borough,
Mechanicsburg, PA 17055, Cumberland County.
06/20/2014 06:39 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same
time personally handing a true copy to a person representing themselves to be the Defendant, to wit:
Michael K. Clouser at 317 East Portland Street, Mechanicsburg Borough, Mechanicsburg, PA 17055,
Cumberland County.
09/03/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had
been given according to law, he exposed the within described premises at public venue or outcry at the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on Wednesday, September,
3, 2014 at 10:00 a.m. 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: $863.65 SO ANSWERS,
October 07, 2014 RONNY R ANDERSON, SHERIFF
OD pd. Ciela
,PS- l eo-
a
ay/ *30
MP 3/-/
(c) CountySu: e Sheriff, Te eosoft, €ric
On May 23, 2014 the Sheriff levied upon the
defendant's interest in the real property situated in
Mechanicsburg Borough, Known and numbered as,
317 East Portland Street, Mechanicsburg as Exhibit "A"
filed with this Writ and by this Reference
incorporated herein.
Date: May 23, 2014
By:
aled-)
Real Estate Coordinator
aI
d 1Z1110l
Vd!
LXIII 29 CUMBERLAND LAW JOURNAL 07/18/14
Writ No. 2012-2898 Civil
BANK OF AMERICA, N.A.
vs.
MICHAEL K. CLOUSER
Atty.: Joseph Schalk
By virtue of a Writ of Execution
No. 12 -2898 -CIVIL. BANK OF AMER-
ICA, N.A., SUCCESSOR BY MERGER t .
TO BAC HOME LOANS SERVICING,.
LP FKA COUNTRYWIDE HOME
LOANS SERVICING LI' v. MICHAEL
K. CLOUSER owner(s) of property
situate in the MECHANICSBURG
BOROUGH, CUMBERLAND County,
Pennsylvania, being 317 EAST PORT-
LAND STREET, MECHANICSBURG,
PA. 17055-3355.
Parcel No. 18-22-0519-139. -
Improvements thereon: RESIDEN-
TIAL DWELLING.
Judgment Amount: $106,669.81.
4
•
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:
July 11, July 18 and July 25, 2014
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
L Marie Coyne, Edi or
SWORN TO AND SUBSCRIBED before me this
5 da of July, 2014
Notary
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO., CUMBERLAND CNTY
My Commission Expires Apr 28, 2018
The Patriot -News Co.
r `s 1900 Patriot Drive
MechaniCsbu dipA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE PA 17013
Lie atriotXews
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Amy Kotula, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, 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.
2012-2898 Civil Term
BANK OF AMERICA, N.A.
vs.
MICHAEL K. CLOUSER
Atty: Joseph Schalk
By virtue of a Writ of Execution No.
12 -2898 -CIVIL
BANK OF AMERICA, N.A.,
SUCCESSOR BY MERGER TO
BAC HOME LOANS SERVICING,
LP FKA COUNTRYWIDE HOME
LOANS SERVICING LI'
v. _
MICHAEL K. CLOUSER
owner(s) of property situate in the
MECHANICSBURG BOROUGH,
Cumberland County, Pennsylvania,
-being
317 EAST PORTLAND STREET,
MECHANICSBURG, PA 17055-3355
Parcel No.18-22-0519-139.
(Acreage or street address) •
Improvements thereon:
RESIDENTIAL DWELLING
Judgment Amount: $106,669.81
This ad ran on the date(s) shown below:
07/13/14
07/20/14
07/27/14
Sworn to and -s bscribed before me this 20 day of August, 2014 A.D.
No
ry Publi
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Sheryl Marie Leggore, Notary Public
Hampden Twp., Cumberland County
My Commission Expires July 16, 2013
MEMBER. PENNSYLVANIA ASSOCIATION OF NOTARIES
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
}
SS:
I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the
Sheriff's Deed in which Federal National Mtg Assoc is the grantee the same having been sold to said
grantee on the 3rd day of September A.D., 2014, under and by virtue of a writ Execution issued on the
20th day of March, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term,
2012. Number 2898, at the suit of Bank of America against Michael K Clouser is duly recorded as
Instrument Number 201424916.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this day of
,A.D. c90 /2(
Recorder of Deeds
/Re f Deeds, Cumberland County, Carlisle, PA
My ommission Expires the First Monday of Jan. 2018