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HomeMy WebLinkAbout12-2974 y 14 "UMBERLAl D Ci--% J',, PENNSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 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. REBECCA E. AIKEY, in her capacity as Administratrix and Heir of the Estate of LISA J. AIKEY A/K/A LISA J. GOSS MATTHEW I. AIKEY, in his capacity as Heir of the Estate of LISA J. AIKEY A/K/A LISA J. GOSS 1457 RYLAND DR MECHANICSBURG, PA 17050-1977 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LISA J. AIKEY A/K/A LISA J. GOSS, DECEASED 740 STERLING COURT ENOLA, PA 17025-2655 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 1e2 - o?9-y y (2, (j i C< ` - CUMBERLAND COUNTY 4 163. 7,5 ?C( {?t•l C+E=V //8&906 ? Rjy- a7 sla7 File #: 285727 FORM 1 Plaint ff(s) vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the 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 file 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 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 WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Signature of Counsel for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMERIPRIMARY APPLICATION Borrower name (s): Property Address: City: Is the property for sale? Yes ? No ? Listing date: Realtor Name: Borrower Occupied: Yes ?j No ? Mailing Address (if different) City: Phone Numbers Home: Cell: State: Zip:- Price: $ Realtor Phone: State: Zip: _ Office: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: Phone Numbers Email Home: Cell: State: Office: Other: Zip: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan; Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes E] No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Home: $ _ Other Real Estate: $ Retirement Funds: $ Investments: $ _ Checking: $ _ Savings: $ _ Other: $ Automobile #1: Model Amount owed: Automobile #2: Model: Amount owed: Other transportation (automobiles, boats, motorcvcles) Year: Amount owed: Value: Value: Model: Value: Monthly Income Name of Employers 1. 2. 3. Additional Income Description (not wages): 1. 2. Borrower Pay Days: Monthly Gross Monthly Gross Monthly Gross Monthly Amount: Monthly Amount: _ Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paving) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ? No E] If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): _ Email: Year: Year: Monthly Net Monthly Net Monthly Net Fax: Value: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes F-1 No[-] If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION 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 services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed FORM 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. Plaintiff(s) Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that 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 Date Legal Representative Signature of Defendant Signature of Defendant Date Date FORM 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW, this day of ,20 , 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 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender 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 in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the 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 in 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, 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 #: 285727 I . Plaintiff is BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: REBECCA E. AIKEY, in her capacity as Administratrix and Heir of the Estate of LISA J. AIKEY A/K/A LISA J. GOSS MATTHEW L AIKEY, in his capacity as Heir of the Estate of LISA J. AIKEY A/K/A LISA J. GOSS 1457 RYLAND DR MECHANICSBURG, PA 17050-1977 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LISA J. AIKEY A/K/A LISA J. GOSS, DECEASED 740 STERLING COURT ENOLA, PA 17025-2655 who is/are the real owner(s) of the property hereinafter described. 3. On 12/27/2006 LISA J. AIKEY made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR AEGIS WHOLESALE CORPORATION which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1978, Page 1884. By Assignment of Mortgage recorded 10/21/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201129158.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. File #: 285727 4. 5. 6 The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2011 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 12/01/2011: Principal Balance $152,729.45 Interest $5,568.29 05/01/2011 through 12/01/2011 Late Charges $149.52 Property Inspections $35.00 Escrow Deficit $1.064.89 TOTAL $159,547.15 7. 8 9 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. The mortgage premises are vacant and abandoned. Mortgagor LISA J. AIKEY A/K/A LISA J. GOSS died on 06/05/2011, and REBECCA E. AIKEY was appointed Administrator/trix of her estate. Letters of Administration were granted to her on 07/06/2011 by the Register of Wills of CUMBERLAND File #: 285727 COUNTY, No. 21-2011-0718. Decedent's surviving heir(s) at law and next-of-kin are REBECCA E. AIKEY and MATTHEW L AIKEY. 10. Plaintiff does not hold the named Defendant(s), REBECCA E. AIKEY and MATTHEW 1. AIKEY, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant(s) in the aforesaid real estate only, and the Defendant(s) has/have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). 11. Plaintiff hereby releases LISA J. AIKEY A/K/A LISA J. GOSS from liability for the debt secured by the mortgage. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $159,547.15, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: w ushwood, Esquire Atty for Plaintiff File #: 285727 LEGAL DESCRIPTION ALL THAT CERTAIN unit in the property known, named and identified in the declaration referred to below as 'Laurel Hills North Condominium I', located in East Pennsboro Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C. S.A. Section 3101 et seq., by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration dated April 4, 1989, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 362, Page 661, as amended and restated, being and designated in such Declaration, as amended and restated, as Unit No. D-22, together with a detached garage being and designated in such Declaration as amended and restated, as Unit No. D-22-G, which said Unit is more fully described in the Amended and Restated Declaration, dated October 15, 1990, recorded in the office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 388, Page 483, First Amendment to Amended and Restated Declaration, dated September 22, 1993, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 455, Page 201, Second Amendment to Amended and Restated Declaration, dated March 7, 1996, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 515, Page 406, Third Amendment to Amended and Restated Declaration, dated April 3, 1996, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 517, Page 217, Corrective Supplement to the Third Amendment to Amended and Restated Declaration, dated September 11, 2006, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 730, Page 2038, and Fourth Amendment to Amended and Restated Declaration, dated September 29, 2006, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 731, Page 244, Plats and Plans-Site Plan, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 57, Page 126, First Amendment to Plats and Plans-Site Plan, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 61, Page 102, Second Amendment to Plats and Plans-Site Plan, dated October 31, 1991, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 66, Page 135, Third Amendment to Plats and Plans - Site Plan, dated September 18, 1995, revised March 4, 1996, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 71, Page 132, and Fourth Amendment to Plats and Plans-Site Plan, dated February 9, 1996, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 72, Page 1, together with proportionate undivided interest in the Common Elements (as defined in said Declaration, as amended and restated) of 3.82%. File #: 285727 BEING municipally known and numbered as 740 Sterling Court. BEING PART OF THE SAME PREMISES WHICH Mid State Development, Inc., by its Deed dated December 22, 1986, recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book J, Volume 32, Page 967, granted and conveyed unto Laurel Hills Development Corp., Grantor herein. UNDER AND SUBJECT to conditions, restrictions, rights-of-way and set backs as shown on Final Subdivision Plan for Laurel Hills North, dated .Tune 26, 1987, recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 54, Page 30, Plats and Plans-Site Plan, dated March 21, 1989, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 57, Page 126, First Amendment to Plats and Plans-Site Plan, dated September 28, 1990, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 61, Page 102, Second Amendment to Plats and Plans-Site Plan, dated October 31, 1991, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 66, Page 135, Third Amendment to Plats and Plans-Site Plan, dated September 18, 1995, revised March 4, 1996, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 71, Page 132, and Fourth Amendment to Plats and Plans-Site Plan, dated February 9, 1996, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 72, Page 1. PROPERTY ADDRESS: 740 STERLING COURT, ENOLA, PA 17025-2655 PARCEL # 09-14-0835-082.-U22 File #: 285727 VERIFICATION , hereby states that he/e sAs?' 1on1Vi(eP lldem+of BANK OF ??? ?mun ®i .AMERICA, N.A., Plaintiff in this matter, that he/®is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/ er information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: File#: 285727 Name: AIKEY q??rva . lAmaj?0 Name:M ypoddrEhrm00 Title: ASSIS401 4 Vice eresiden-f BANK OF AMERICA, N.A. File 4: 285727 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff of I brrf, OFPCE cr 'c E $rERI?F 1HEPROWN Jody S Smith Chief Deputy Richard W Stewart Solicitor 2MMAY 22 AM 9* G"_3 %, % IND COUNTY %, "Y'LVANIA Bank of America, NA VS. Rebecca Aikey (et al.) Case Number 2012-2974 SHERIFF'S RETURN OF SERVICE 05/16/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Rebecca Alkey, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found' as to the defendant Rebecca Aikey. Request for service at 740 Sterling Court, Enola, Pennsylvania 17025 is vacant. The Enols Postmaster has confirmed, Rebecca Aikey's new address is 1457 Ryland Drive, Mechanicsburg, Pennsylvania 17050. 05/16/2012 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Matthew I. Aikey, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Matthew i. Aikey. Request for service at 740 Sterling Court, Enola, Pennsytvarria 17025 is vacant. The Enols Postmaster has confirmed, Matthew I. Aikey's new address is 1457 Ryland Drive, Mechanicsburg, Pennsylvania 17050. 05/17/2012 04:30 PM - Shawn Gutshall, Deputy Sheriff, who being duly swom according to law, states that on May 17 2012 at 1630 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Rebecca Aikey, by making known unto Carl Alkey, Father of Defendant at 1457 Ryland Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the some time handing to him personally the said true and correct copy of the a ( I V?- . I" at U"tWff SHAL , EPUTY 05/17/2012 04:30 PM - Shawn Gutshali, Deputy Sheriff, who being duly sworn according to law, sees that on May 17 2012 at 1630 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Matthew I. Aikey, by making known unto Carl Aikey, Father of Defendant at 1457 Ryland Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the e. \-dRWK-GL-M%WLLL, DEPUTY SHERIFF COST: $111.00 May 18, 2012 SO ANSWERS, N? RON R ANDERSON, SHERIFF (c) CountySuite Shmi4, Teleosoft, inc. Phelan Hallinan & Schmieg, LLP 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 VS. REBECCA E. AIKEY, in her capacity as Administratrix and Heir of the Estate of LISA J. AIKEY A/K/A LISA J. GOSS ET AL. I!m c. r YI :.°.: 5 0 C3 :.; r'- 3-1 c: ?C Attorney for Plaintiff COURT OF COMMON CIVIL DIVISION NO. 12-2974 CIVIL TERM CUMBERLAND COUNTY MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HO LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, respectfully requests that this Honorable Court enter an ORDER granting Plaintiff's Motion Service Pursuant to Special Order of Court in the above captioned matter and in support avers the following: 1. On December 27, 2006, LISA J. AIKEY made, executed, and delivered a upon the premises at 740 STERLING COURT, ENOLA, PA 17025-2655. 5 28527 2. The loan is in default as payments due June 1, 2011 and each month thereafter are due and unpaid. 3. Real Owner LISA J. AIKEY died on June 5, 2011, and REBECCA E. AIKEY was appointed Administratrix of her estate. Letters of Administration were granted to her on Julyl6, 2011 by the Register of Wills of CUMBERLAND County, No. 21-2011-0718. Decedent's surviving heir(s) at law and next-of-kin are REBECCA. E. AIKEY and MATTHEW 1. AIKEIY. A copy of the estate documents, which have been redacted to remove personal identifyilng information, are attached hereto, made part hereof, and marked as Exhibit "A". 4. Plaintiff performed a Good Faith Investigation in an attempt to identify and locate the heirs of LISA J. AIKEY. Plaintiffs investigation did not confirm any new heirs. Attached hereto, marked as Exhibit "B" is a true and correct copy of Plaintiffs Affidavit of Good Faith Investigation. 5. Plaintiff was able to locate an obituary for LISA J. AIKEY A/K/A LISA J. GOSS was published in Erie Times-News (PA) on March 5, 2,011. The obituary lists the surviving and next-of-kin of LISA J. AIKEY as her daughter, REBECCA E. AIKEYY and her MATTHEW I. AIKEY. Attached hereto, marked as Exhibit "C" is a true and correct copy Plaintiff's Affidavit of Good Faith Investigation. 6. By letter dated February 9, 2012 Plaintiff contacted REBECCA E. AIKEY MATTHEW I. AIKEYto inform them of the foreclosure action. Plaintiff attached with its of a Waiver by Heir of Right to be Named as a Defendant. Plaintiff also requested information regarding the heirs of LISA J. AIKEY. Attached hereto, marked as Exhibit "D" is a true end correct copy of Plaintiffs letter. 285727 7. On May 14, 2012, Plaintiff filed an Action in Mortgage Foreclosure. Attached hereto, marked as Exhibit "E" is a true and correct copy of the Complaint in Mortgage Foreclosure. 8. Plaintiff named as a defendant, the unknown heirs, successors, assigns, and al). persons, firms or associations claiming right, title or interest from or under the decedent recor4 owner in order to ensure that all possible parties with an interest in said property are notified of these proceedings and in order to ensure that good and marketable title to said property i' conveyed by any future sheriffs auction. See Exhibit "E." 9. Because there may be parties with an interest in the mortgaged premises that ar? unknown, Plaintiff must effectuate service through Special Order of Court. 10. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that No Judge has previously entered a ruling in this case. 11. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy its proposed Motion to the Defendants on June 26, 2012 and requested the Defendant' concurrence. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhi «F„ 12. Plaintiff, received concurrence via email from Michael Cherewka, Esquire., on of Estate, Adiministratrix and Heirs of the Estate. The email is dated July 6, 2012 and is marked as Exhibit "G" 285727 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint, and all future pleadings, by regular mail, by posting of the mortgaged premises, and by publication. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: 6 r?` By: att Brus ood, Esq., Id. No.310592 2s572h Phelan Hallinan & Schmieg, LLP 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 VS. REBECCA E. AIKEY, in her capacity as Administratrix and Heir of the Estate of LISA J. AIKEY A/K/A LISA J. GOSS ET AL. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 1.2-2974 CIVIL TERM CUMBERLAND COUNTY MEMORANDUM OF LAW According to Pa.R.Civ.P. 430(x), a plaintiff may petition the court to provide an to personal service if the plaintiff cannot serve a party personally. The rule requires the presented in support of the motion for alternative service to state "the nature and extent of investigation which has been made to determine the whereabouts of the defendant and the why personal service cannot be made." Pa.R.Civ.P. 430 (a). The purpose of this procedure i§, to provide proof that a good faith effort has been made to effect service under normal methods. Only after such proof has been offered is the Court authorized service. Deer Park Lumber Inc. v. Major, 384 Pa.Super to direct another method of substitute 625,559 A.2d 941, 944 (1988), ap al 285127 denied, 525 Pa. 582, 575 A.2d 113 (1990). Plaintiff has attached a report to its Motion, which sets forth the nature and extent of the investigation that has been made to determine the whereabouts of the heirs and assigns and tbie reason that such service cannot be made. Attached hereto, marked as Exhibit "B" is a copy of t?e Affidavit of Good Faith Investigation. A deceased mortgagor need not be named as a party in a foreclosure action. F Land Bank of Baltimore v. King, 294 Pa.86, 143 A. 500 (1928). The personal representati heir or devisee of a deceased mortgagor, if known, (unless released from liability) must named as a defendant in a mortgage foreclosure action. Moyer v. Diehl, 130 Pa.Super. 115, 1 A. 575 (1938). In the instant action, Plaintiff has appropriately named the unknown hei successors, assigns and all persons, firms, and associations claiming right title or interest from under the decedent mortgagor as a defendant in order to convey clear and marketable title al a foreclosure sheriffs sale. Title companies customarily require foreclosing mortgagees name the unknown parties in order to assure that any potential party with an interest in mortgaged premises has an opportunity to defend the foreclosure. Finally, Plaintiff is seeking only to enforce an in rem judgment through the foreclosure lof the mortgaged premises and is not pursuing a deficiency judgment in this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant he requested relief. PHELAN HALLINAN & SCHMIEG, LLP Date: 'd rY By: h wood, Esq., Id. No.310592 a T Attorney o285'27 Exhibit "A" ROW460D Cumberland County - Register Of Wills Estate Inquiry File No 21 2011-00718 PA File No 21-201-1_-0718 Decedent GOSS LISA J Page 2 of 2 -------------------------- FIRST ENTRY ---------------------- ----- 6/27/11 PETITION FOR GRANT OF LETTERS OF ADMINISTRATION DEATH CERTIFICATE OATH OF PERSONAL REPRESENTATIVE DB -------------------------------------------------------------I----- 7/06/11 DECREE OF PROBATE & GRANT OF LETTERS ADMINISTRATION DB _ ------------------------------------------- - 9/19/11 RULE 5.6 REMINDER LETTER MAILED TO ATTY & PERSONAL REPRESENTATIVE HMW _ ---------------------------------------------------- ---- 10104111 RULE 5 6-REMINDER LETTER MAILED TO ATTY & PERSONAL REPRESENTATIVE HMW ---------------------•----------------------.------------------;--- + F2=Done F12=Cancel F17=Top F18=Bottom ROW460D Cumberland County - Register Of Wills Estate Inquiry File No 21 2011-00718 PA File No 21-201.1-0718 Decedent GOSS LISA J Page 2 of 2 10128111 CLAIM AGAINST ESTATE FILED BY MEMBERS IST FEDERAL CREDIT UNION IN THE AMOUNT OF $6153.37 WSZ -------------------------------------------------------------------- 10/28/11 CLAIM AGAINST ESTATE FILED BY MEMBERS 1ST FEDERAL CREDIT UNION IN THE AMOUNT OF $8853.67 WSZ -------------------- ---------------------••---------------- ----- 11/07/11 NOTICE OF FAILURE TO FILE CERTIFICATION MAILED TO PERSONAL R P- AND ATTORNEY HMW --------------------•------- LAST ENTRY ---------------------------- F2=Done F12=Cancel F17=TopF18=Bottom IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of Lisa J. Goss __ , Deceased ESTATE NO: 21- a/k/a: a/k/a: a/k/a: T-- SS NO:___.^ _ Petitioner(s) who is/are ) 8 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or' B' AND "C° as applicable- G A. Probate and Grant of Letters Testamentary or ?Administration c.t.a., or d.b.n.c.t.a. (complete Part Calso) and aver that Petitioner(s) is/are entitled to the aforementioned Letters . under the last Will of the above-named Decedent, dated and codicil(s) dated (State relevant circumstances, e.g. renunciation., death of executor, cic.) Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution of the instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated person, and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as defined in 23 Pa. C.S.A. § 3323(8) --- El B. Grant of Letters of Administration (1f applicable, enter d.b.n., pendent lite, durante absentia, durante minoritate) C. Petitioner(s). after a proper search, has-have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (If Administration c.i.a. or d.b.n.c.t.a., enter date of Will in Section A and complete list of heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(8), except as follows:_ Decedent was the victim of a killin N- Address Relationship to Decedent Rebecca E. Aikey 1457 Ryland Drive, Mechanicsburg, PA 17050 ! Daughter Matthew I. Aikey 11457 Ryland Drive, Mechanicsburg, PA 17050 Son' i } j Son is 17 years old USE ADDrTIONAL SHEETS IF ,NECESSARY THIS SECTION MUST BE COMPLETED: .y rrt N Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or> m? residence At 740 Sterling CourtEnola PA 17025 (East Pennsboro Township) (Sued address with Post Office and Zip Code. Municipality : Township, Borough, City) Decedent, then 46 years of age, died 6/5/2011 at Enola, Cumberland County,A,nsylva; (?Month, Day. Year ol'death) (City and State where death occurr - r.: Esti d al f*'" d !' o rn at death C mate v ue o ecc en. s pr 1- _ (f domiciled in PA All personal property $ 50,000.00 If not domiciled in PA Personal property in Pennsylvania S If not domiciled in PA Personal property in County - Value of Real Estate in Pennsylvania $ _ 200,500.00 - 't'otal Estimated Value $ - _.-_250,500.00 Location of Real Estate in Pennsylvania: (Provide full address if possible.) 740 Sterling Court, Enola, Pennsylvania 17025 Signature(s) Nsme(s) & Mailing .address(es) r? ~ T Rebecca E. Aikey 1 v 1457 Ryland Drive, Mechanicsburg, PA 17050 Form RW-02 revised 1216.10 by Cumberland Counry pending action by the Coun Page I Of 2 OATH OF PERSONAL REPRESENTATIVE Commonwealth of Pennsylvania SS County of Cumberland sand The Petitioner(s) herein named swear or affirm that the statements in the foregoing rPetition erare true of the correct to the best of the knowledge and belief of Petitioner(s) and that, as pso p Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed 1 V?D be ore me this day of For the Register I, - m (. J -n DECREE OF PROBATE AND GRANT OF LETTERS c Estate of LISA J. GOSS , Deceased File Number: 21-_:."L I I •71? AND NOW, this day of 1 been consideration of the Petition on the reverse side hereon, satisfactory proo havi g been presented before me, IT IS DECREED that Letters are hereby granted to: in ____-Testamentary of Administration IIf.Pplicable. ?L..,a.b.n..d.b.n.t.t....oa.i-g. ter r - described in the petition be the above estate and that instruments(s) aced T admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. Glenda Fanner Strasbaugh, Register of Wills Flf-> ( FEES: Letters .......... ........$ _ ?' ........................_ _ Will.. Codicil(s) ................. \ ( iS) Short Certificates ( ) Renunciations........ Bond ............................. -- Other ............................. Automation FEE......... _?? ?•U0 JCS FEE ............... . . 23.50 ...$/? TOTAL ............ Signature or Counsel Required to Enter Appearance Amy's Signature PRINTED Name: 111IL117C N? tf?11C(__ .- Supreme Court ID No.: 35073 Address: 624 North Front Street i Wormleysburg, PA 17043 717-232-4701 Phone: Fax: 717-232-4774 Page 2 Interim Fotm RW-02 ter:sui 1=26.10 by Cumberland County pending action by the Court Cumberland County - Register Cf Wills One Courthouse Square Carlisle, PA 17013 Phone: (717)240-6345 Date: 09/16/2011 CHEREWKA MICHAEL -? 624 NORTH FRONT STREET --Tj WORMLEYSBURG, PA 17043 ;rn J ?l .X7 t7 --1 A RE: Estate of GOSS LISA J File Number: 2011-00718 Dear Sir/Madam: This notice is to serve as a reminder that the Certificate of Notice under Rule 5.6(a) is due on the below listed date. i As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his councel, within ten (10) days after giving proper notice to the beneficiaries and intestate heirs as required by subdivision (a) of Rule 5.7, shall file with the Register of Wills or clerk of the Orphans' Court his/her Certification of Notice. This filing is due by: 10/16/2011 Please feel free to contact this office with any questions you may have. If you have already filed your certificate, please disregard this notice. Sincere Glenda Farner Strasba h Clerk of the Orphans' Court ce: File Personal Representative(s) "Ne- Cumberland County - Register of Wills One Courthouse Square Carlisle, PA 17013 Phone: (71.7)240-6345 Date: 09/16/2011 AI KEY REBECCA E 7 1 ?=' 1457 RYLAND DRIVE MECHANICSBURG, PA 17050 G C RE: Estate of GOSS LISA J File Number: 2011-00718 Dear Sir/Madam: This notice is to serve as a reminder that the Certificate of Notice under Rule 5.6(a) is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his councel, within ten (10) days after giving proper notice to the beneficiaries and intestate heirs as required by subdivision (a) of Rule 5.7, shall file with the Register of Wills or Clerk of the Orphans' Court his/her Certification of Notice. This filing is due by: 10/16/2011 Please feel free to contact this office with any questions you may have. If you have already filed your certificate, please disregard this notice. Sincerely, /644, ? -- Glenda Farner Strasb h Clerk of the Orphans' ourt cc:: File Counsel. Cumberland Country - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717)240-6345 D Z fn s Date: 10/03/2011 CHEREWKA MICHAEL ),7 624 NORTH FRONT STREET W WORMLEYSBURG, PA 17043 RE: Estate of GOSS LISA J File Number: 2011•-00718 Dear Sir/Madam: This notice is to serve as a reminder that the Certificate of Notice under Rule 5.6(a) is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his councel, within ten (10) days after giving proper notice to the beneficiaries and intestate heirs as required by subdivision (a) of Rule 5.7, shall file with the Register of Wills or Clerk of the Orphans' Court his/her Certification of Notice. This filing is due by: 10/16/2011 Please feel free to contact this office with any questions you may have. if you have! already filed your certificate, please disregard this notice. i.ncerE'l?r, X77'', ILI Glenda Farner Strasbaugh Clerk of the Orphans' Court CC,. File Personal Representative(s) -,M Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: t717)240-6345 Date: 10/03/2011 AIKEY REBECCA E 1457 RYLAND DRIVE MECHANICSBURG, PA 17050 RE: Estate of GOSS LISA J File Number: 2011-00718 Dear Sir/Madam: n -- x? 'CD -)U 1}• L This notice is to serve as a reminder that the Certificate of Notice under Rule 5.6(a) is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his councel, within ten (10) days after giving proper notice to the beneficiaries and intestate heirs as required by subdivision (a) of Rule 5.7, shall file with the Register of Wills or Clerk of the Orphans' Court his/her Certification of Notice. This filing is due by: 10/16/2011 Please feel free to contact this office with any questions you may have. If you have already filed your certificate, please disregard this notice. Sincer ly, Glenda Farner Stras ugh Clerk of the Orphans' Court cc: File counsel jm ? y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS r- Estate of S C=4-5 , Deceased ESTATE NO: 21- a/k/a: a/k/a: _ &Wa-. SS Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION 'A' or 'B' AND "&I as applicable: ? A. Probate and Grant of Letters Testamentary or 0Administration c.t.a., or d.b.n.c.t.a. (complete Part C tin ) and aver that Petitioner(s) is/are entitled to the aforementioned Letters codicils dated __._____ the last Will of the above-named Decedent, dated and (State relevant circumstances, e.g. renunciation, death of executor, etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated person, and was not party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as define in 23 Pa. C.S.A. § 3323(8): --- 0 B. Grant of Letters of Administration (If aodicable, enter d.b.a., pendent lire, duraate absentia, dnraatc C. Petitioner(s), after a proper search, has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (if Administration c.t.a. or d.b.n.c.t.a., enter date of W i Il in Section A and complete list heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending d proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(g), except as follo yr Ilk THIS SECTION MUST BE COMPLETED: Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal res At I Yv Sees 1 C , 4# FAPIl PA l?o2S lC.,i (?,,ti?bsiy (Street address with Post ufrice and Zip Code, Municipality. Township, Borough, City) Decedent, then 44 L years of age, died 6 1 ?- 120 L1-at - t,„ bs k? ? - ? 1 (Month, Day, Year ofdeath) (City and S. whcie death occurred) Estimated value of decedent's property at death: S '50,000.00 if domiciled in PA All persona] property - - -- _If not domiciled in PA Personal property in Pennsylvania S If not domiciled in PA Personal property in County S S _ 2 r?St??.D J -Value of Real Estate in Pennsylvania Total Estimated Value S 3J Location of Real Estate in Pennsylvania: (Provide full address if possible.) Signature(s) Name(s) & Mailing Addrci;s(es) rC,I E AKW - lW? RW-02 revised 1216.10 by Cumberland County pending action by the n _ OATH OF PERSONAL REPRESENTATIVE -X' Commonwealth of Pennsylvania S'S ' y County of Cumberland \ J .,7 The Petitioner(s) herein named swear or affirm that the statements in the foregoing Petition are trt.tan correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) oflthe Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed bef e rune his j'- t-\ day of Othe Register DECREE OF PROBATE AND GRANT OF LETTERS Estate of J , Deceased Fite Number: 21- AND NOW, this day of , in consideration of the Petitio on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Lett rs -Testamentary __._ of Administration are hereby granted to: (if app0uble, enter at.a., d b.n., d.b.n.e.t.a., ete.) in the above estate and that instruments(s) dated described in the petition I admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. FEES: Letters ...................$ Will ..................... - Codicil(s) ................. ( ) Short Certificates ( ) Renunciations.-... Bond ............................. Other ............................. - .. _ Automation FEE......... 5.00 JCS FEE ................... 23.50 TOTALL ................ S Glenda Farrier Strasbaugh, Register of Wills Signature of Counsel Required to Enter Atty's Signature PRINTED Name: Supreme Court ID No.: Address: Phone: Fax: - Interim Form RW-02 revised 12.20.10 by Cumberland County pending action by the Court Page 2 oft a (I A MEMBERS 1" FWERAL CREW UNION CREDITOR'S NOTICE OF CLAIM ESTATE OF LISA J. GOSS, DECEASED ESTATE FILE #2011-0@718 To the Orphan's Court Division: Index and make proper entry in your official records of the claim of Members 1 5 Foderal Credit Union in the principal amount of $9,853.67, Unsecured loan account against the estate of Lisa J. Goss. This claim is filed pursuant to 20 Pa. C.S. section 3532. The said decedents last known resident was 740 Sterling Court, Enota, PA, 17025, SSIN died on June 5, 2011. Written notice/copy of this claim was provided to Rebecca E. Aikey, Administrator, for the Estate on October 26, 2011. tt?? 4 1 :r v7 66 .z LL? c 1 0i w tL `? t t ? i.. ' L. ?? lY+ O LT_ _ ERS 1ST FERAL CREDIT UNION Denise A. Wolfe, Len " urance Support Supervisor October,26, 2011 5000 Louise Drive • P.O. Box 40 1 Mechanicsburg, Pennsylvania 17055 • (800) 283-2328 • wwwmembersl s MEMBERS P ?ffiut,raescrr vxwM CREDITOR'S NOTICE OF CLAIM ESTATE OF LISA J. GOSS, DECEASED ESTATE FII E #201140718 To fire Orpiaa's Court Division: Index and make proper entry in your official records of the claim of Members i" Federal Credit Union in the principal amount of $6,153.37, VISA credit curd accow t against the estate of Lisa J. Goss. This claim is fled pursuant to 20 Pa. C.S. section 3532. The said decedents last known resident was 740 Sterling Court, Enola, PA, 17025, SSIN died on June 5, 2011. Written noticelcopy of this claim was provided to Rebecca E. Aikey, Administrator, for the Estate on October 26, 2011. jr? c_ OD 0.V) 4 cf. ME ERS 1 sr FEDERAL CREDIT ANION Denise A. Wolfe, L g Insurance Support Supervisor October 26, 2011 5000 Louise Drive • P.O. Boa 40 • Mechanicsburg, Pennsylvania 17055 • (800) 283-2328 • www.members ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF IN RE: ESTATE OF CUMBERLAND COUNTY GOSS LISA J : PENNSYLVANIA NO. 21- 2011-00718 NOTICE OF FAILURE TO FILE CERTIFICATION Personal Representative: AIKEY REBECCA E Counsel for Personal Representative: CHEREWKA MICHAEL Date of Grant of Original Letters: 7/6/2011 The Orphans' Court record indicates that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk of the Orphans' Court his, her or its certification required by Rule 5.6(e), Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 5.6(e), Supreme Court Orphans' Court Rules, is hereby given that you have ten (10) days to file the Certification Report. If the required 5.6 form is not filed in accordance with Rule 5.6(e) the Court will be notified of such delinquency and the undersign will request that a Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. Date: 11/212011 enda-Faia. Clerk of the Orphans' Court Distribution: Personal Representative Counsel for Personal Representative Estate File ro { i' T9 , ,. T) T .: is _ ' ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF IN RE: ESTATE OF CUMBERLAND COUNTY GOSS LISA J PENNSYLVANIA NO. 21- 2011-00718 NOTICE OF FAILURE TO FILE CERTIFICATION Personal Representative: AIKEY REBECCA E Counsel for Personal Representative: CHEREWKA MICHAEL Date of Grant of Original Letters: 7/6/2011 The Orphans' Court record indicates that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk of the Orphans' Court his, her or its certification required by Rule 5.6(e), Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 5.6(e), Supreme Court Orphans' Court Rules, is hereby given that you have ten (10) days to file the Certification Report. If the required 5.6 form is not filed in accordance with Rule 5.6(e) the Court will be notified of such delinquency and the undersign will request that a Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. Date: 11/212011 Glenda Farrier Strasbaugh Clerk of the Orphans' Court I I Distribution: Personal Representative Counsel for Personal Representative - Estate File i -n z? r.., IN RE: ESTATE OF GOSS LISA J ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA : NO. 2011-00718 NOTICE OF FAILURE TO FILE CERTIFICATION AND REQUEST TO CONDUCT A HEARING PURSUANT TO RULE 5.6(e), SUPREME COURT ORPHANS' COURT RULE Personal Representative: AIKEY REBECCA E Counsel for Personal Representative: CHEREWKA MICHAEL Date of Grant of Original Letters: 7/6=11 Date of Delinquency Notice: 11/1/2011 The undersigned, Glenda Farner-Strasbaugh, Clerk of the Orphans' Court, in accordance with Rule 5.6, Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court Division, Court of Common Pleas of Cumberland County, that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk of the Orphans' Court his, her or its certification required by Rule 5.6(e), Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 5.6(e), Supreme Court Orphans' Court Rules, was given by the Clerk of the Orphans' Court and that the ten (10) day notice to file the certification has expired. Accordingly, in accordance with Rule 5.6(e) the Court is hereby notified of such delinquency and the undersigned requests that the Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. Date: 11/16/2011 Distribution: Personal Representative Counsel for Personal Representative Estate File Glenda Farrier Strasbaugh Clerk of Orphans' Court A hearing is scheduled for December 2, 2011 Qa 9:30 am in Courtroom No. 4. If the Certification of Notice is filed prior to the hearing date, the hearing will automatically be cancelled. Kevin ess, P.J. iaL use NO !HN c ns P~ : Ln ru M wyf" a N W 0 0 N IN RE: ESTATE OF ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF GOSS LISA J CUMBERLAND COUNTY PENNSYLVANIA NO. 2011=00718. NOTICE OF FAILURE TO FILE CERTIFICATION AND REQUEST TO CONDUCT A HEARING PURSUANT TO RULE 5.6(e), SUPREME COURT ORPHANS' COURT RULE Personal Representative: AIKEY REBECCA E Counsel for Personal Representative: CHER:EWKA MICHAEL Date of Grant of Original Letters: 7/6/2011 Date of Delinquency Notice: 11/1/2011 The undersigned, Glenda Famer-Strasbaugh, Clerk of the Orphans' Court, in accordance with Rule 5.6, Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court Division, Court of Common Pleas of Cumberland County, that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk of the Orphans' Court his, her or its certification required by Rule 5.6(e), Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 5.6(e), Supreme Court Orphans' Court Rules, was given by the Clerk of the Orphans' Court and that the ten (10) day notice to file the certification has expired. Accordingly, in accordance with Rule 5.6(e) the Court is hereby notified of such delinquency and the undersigned requests that the Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. Date: 11/16/2011 Distribution: Personal Representative Counsel for Personal Representative Glenda Farner Strasbaugh Clerk of Orphans' Court Estate File A hearing is scheduled for December 2, 2011 @ 9:30 am in Courtroom No. 4. If the Certification of Notice is filed prior to the hearing date, the hearing will automatically be cancelled. Kevin ess, P.J. m Ln m N Lnn Po.aip. • . CwYMdF« 2 f , a d nw.o R.oip F» r.dq l fl. 10 F°rt?rd` a C3 2- C3 F1 C] rU TOM P*40W S Few $ C3 ?- e eca- e _ apoaw a "?/ I I - Exhibit It 6" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 285727 Attorney Firm: Phelan, Hailinan &: Schmieg, LLP Subject: Lisa J. Aikey Property Address: 740 Sterling Court, Enola, PA 17025 1. CREDIT INFORMATION A. SOCIAL, SECURITY NUMBER Our search verified the following information to be true and correct Lisa J. Aikey - xxx-xx-7873 B. EMPLOYMENT SEARCH Lisa J. Aikey - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Lisa). Aikey reside(s) at: 740 Sterling Court, Enola, PA 17025. II. INQUIRY OF TELEPHONE COMPANY A. DIREC'1'0IZY ASSISTANCE SI?ARCII Our office searched directory assistance databases, which had no listing for Lisa J. Aikey. B. On 01-19-12 & 01-20-12 our office made several telephone calls to a possible phone number of the subject(s) (717) 458-5241. and received the following information: answering machine. On 01-19-12 20-12 our office made several telephone calls to a possible phone number of the subject(s) (717) 7324 and received the following information: answering machine. Our office was unable to locate any heir for Lisa J. Aikey. III. OBITUARY SEARCI I A. Attempted to find obituary via http://oa.newsbank.com/ B. Found obituary published Joie 11, 2011 in the Daily Item,111e (Sunbury, PA). See attached. IV. INQUIRY OF HEIRS AND NEIGHBORS On 01-19.12 our office was unable to locate any information for Jennie Saylor, relative of Lisa J. Aikey. On 01-19-12 our office was unable to locate any information for Michelle Boychak, relative of Lisa J. Aikey. On 01-19-12 our office was unable to locate any information for Jolene Floyd, relative of Lisa J. Aikey. On 01-1.9-12 our office was unable to locate. any information for Julie Goss, relative of Lisa). Aikey. On 01-19-12 our office was unable to locate any information for Kelly Dooley, relative of Lisa J. Aikey. ',I On 01-19-12 our office attempted to contact Karl S. Aikey, relative of Lisa J. Aikey at: 1457 Ryland Drivs, Mechanicsburg, PA 170.50, but was unable to get any phone number for him. On 01-19-12 our office attempted to contact Rebecca F- Aikey, relative of Lisa J. Aikey at: 70 Sterling Court, F.nola, PA 17025, but was unable to get any phone number for her. On 01-19-12 our office attempted to contact Matthew I. Aikey, relative of Lisa J. Aikey at: 1457 Ryland Drive, Mechanicsburg, PA 17050, but was unable to get any phone number for him. On 01-19-12 our office attempted to contact Carl S. Aikey, potential relative of Lisa J. Aikev at: 60 University Boulevard North, Jacksonville, FL 32211, but was unable to get any phone number for her. On 01-19-12 our office attempted to contact Melody Ann Cona, potential relative of Lisa J. Aikey at: 1437 Ryland Drive, Mechanicsburg, PA 17050, but was unable to get any phone number for her. On 01-19-12 our office attempted to contact Joann Ann Saussaman, potential relative of Lisa J. Aikey at 205 3rd Street 133, Summerdale,. PA 17093, but was unable to get any phone number for her. On 01-19-12 our office attempted to contact Christopher B. Cona, potential relative of Lisa J. Aikey at: 4902 Carlisle Pike, Apartment 248, Mechanicsburg, PA 17050, but was unable to get any phone numbc> for him. On 01-19-12 our office attempted to contact Winifred H. Aikey, potential relative of Lisa J. Aikey at: 28? North 8th Street, Mifflinburg, PA 17844, but was unable to get any phone number for him. On 01-1.9-1.2 our office made a phone call in an attempt to contact Jon R. Saussaman, potential relative Lisa J. Aikey at (717) 732-6837, 205 3111 Street, Enola, PA 17025: disconnected. On 01-19-12 our office made a phone call in an attempt to contact Fred O. Seidel, neighbor of the subje? at (717) 732-1139, 750 Sterling Court, Enola, PA 17025: disconnected. On 01-19-12 & 01-20-12 our office made several phone calls in an attempt to contact Michael Kelly, neighbor of the subject at (717, 728-3313, 710 Sterling Court, Enola, PA 17025: answering machine. On 01-19-12 & 01-20-12 our office made several phone calls in an attempt to contact Denise (- Dougherty, neighbor of the subject at (717) 732-5543, 910 Sterling Court, Enola, PA 17025: answering machine. Our office was unable to locate any heir for Lisa J. Aikey. V. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 01-19-12 we reviewed the National Address database and found the following information: Lisa J. Aikey - 740 Sterling Court, Enola, PA 1.7025. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. VI. OTHER INQUIRIES A. DEATH RECORDS As of 01-19-12 Vital Records and all public databases have a death record on file for Lisa J. Aikey. i VII. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Lisa J. Aikey - 1965 B. DATE OF DEATH Lisa J. Aikey - 06-05-2011 C. A.K.A. Lisa J. Goss * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Se 4904 relating to unsworn falsification to authorities. ("hc atxo.:e information is obtained from available public records and we are only liable for the cost: of the affidavit. Exhibit "C" ObitsArchive.com: Document Display Page 1 of 1 ObitsArchivexom Daily Item, The (Sunbury, PA) June 11, 2011 Deceased Name: Lisa J. Goss, 46, Enola ENOLA - Lisa Jane Goss, 46, died suddenly on Sunday,.June 5, 2011, in her East Pennsboro Township residence. Born in Lewistown, on Feb. 2, 1965, she was a daughter of Jennie Saylor., of Middleburg and the late Clifford E. Goss, who preceded her in death on May 25, 2004. She was a 1983 graduate of West Snyder High School, Snyder County. She then received a business degree from South Hills Business School in Boalsburg. She was employed by Crabtree Rohrbaugh and Associates of Mechanicsburg. Her boss Doug Rohrbaugh said of Lisa, "She was the heart and soul of our CRA family." Lisa was the coordinator of all the company's charitable events. Many co-workers have spoken of her contagious smile, her passion f r life., and her caring attitude for others. While on earth she maintained a close friendship with former husband Karl Aikey, of Mechanicsburg and former companion Michelle Boychak, of Blandon. Most importantly, Lisa was a mother to Rebe a E. Aikey and Matthew I. Aikey who survive at home. They were the joy of her life. She never missed a soccer or basketball game and was known to cheer them on loudly from the stands. She is also survived by three sisters, Jolene Floyd, of Fredericksburg Va., Julie Goss, of Laurel Md, aid Kelly Dooley, of McClure. Visitation with the family will be held from 6 to 7:30 p.m. Thursday at Zion Lutheran Church, 265 N? Enola.Dr., Enola, followed by a memorial service at 7:30 with the Rev. Gwenn L. Trout officiating. In lieu of flowers, memorial contributions may be made for her children to Members 1st Credit Unio - Lisa Goss Children :Fund, 392 E. Penn Dr., Enola, PA 17055. The Sullivan Funeral Home is honored to serve the Goss family. Daily Item, The (Sunbury, PA) Date: June 11, 2011 Record Number: d24a9b3a23b39015c9a278f4e9575275c25979f Copyright 2011, The Daily Item / Community Newspaper Holdings, Inc. (CNHI), All Rights http:/i www.obitsarchive.comloa-search/welArchives?p_action=print&p_docid=137D35B7 I 1 /23/ Ii012 Exhibit It D" PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 320-0007, Ext. 1241 Fax: 215-563-3352 February 9, 2012 REBECCA E. AIKEY, Administratrix and Heir of the Estate of LISA J. AIKEY A/K/A LISA J. GOSS, Deceased 1457 RYLAND DR MECHANICSBURG, PA 17050-1977 MATTHEW I. AIKEY, Heir of the Estate of LISA J. AIKEY A/K/A LISA J. GOSS, Deceased 1457 RYLAND DR MECHANICSBURG, PA 17050-1977 RE: LISA J. AIKEY; 740 STERLING COURT, ENOLA, PA 17025-2655; BANK OF AMERICA, N.A.; PHS# 285727 Dear Sir/Madam(s): Kindly be advised that the Law Offices of Phelan Hallinan & Schmieg, LLP represent BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, the holder of th mortgage against the above-referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed of LISA J. AIKEY A/K/A LISA J. GOSS's unfortunate death. We are sorry for your loss. As a possible heir of LISA J. AIKEY A/K/A LISA J. GOS you may have a vested ownership interest in the mortgaged premises upon her death under 20 Pa.C.S.A. §301(b). As such, Pennsylvania law requires that you be included as a defendant solely in your capacity as heir in order to complete the foreclosure. Please be advised that y are not personally liable for the debt, as you did not execute the mortgage or note. This letter serves to afford you an opportunity to waive your right to be named as a defendant in the foreclosure action. Please find attached a Waiver which I would appreciate executing and returning to the undersigned within fourteen (14) days of the date of this correspondence. We are providing a minor waiver for MATTHEW I. AIKEY. The reason for the minor waiver is that at the time the estate documents were filed they indicated MATTHEW I. AIKEY as being a minor. * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. If the Waiver is timely returned it will not be necessary to name you as a defendant in the foreclosure action. However, if the Waiver is not timely returned and it is believed that you are', an heir of the decedent, then our office may have no choice but to name you as a defendant in the action in order to divest any ownership interest you may have in the property. It will however, be necessary to name REBECCA E. AIKEY as a defendant in the foreclosure action in her capacity as Administratrix of the Estate as required by the Pennsylvania Rules of Civil Procedure. Again, please be advised REBECCA E. AIKEY is not personally liable for the debt, as she did not execute the mortgage or note. Our Office also requests that you please provide us with any additional heir information for LISA J. AIKEY A/K/A LISA J. GOSS, Deceased. Thank you for your cooperation in this regard, Please note that this waiver does not preclude you from attempting to sell the subject premises and recovering any possible equity in the mortgaged premises prior to the completion of the foreclosure action. We would encourage you to contact your own attorney in regard to this matter. If you would like to request a payoff or reinstatement figure, please call (215) 563- 7000, and ask for the Foreclosure Resolution Department. If you have any other question regarding this letter, please contact a representative of our firm's Decedent Department (215) 320-0007 Ext. 1241 Si er ly, Robert W. Cusick, Esq., Id. No.80193 Attorney for Plaintiff * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage, WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION 1, MATTHEW I. AIKEY, Heir of the Estate of LISA J. AIKEY A/K/A LISA J. GOSS, Deceased, hereby acknowledge that I may have an ownership interest in the property located a 740 STERLING COURT, ENOLA, PA 17025-2655, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereb waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 11 et seq., which may be instituted by BANK OF AMERICA, N.A., SUCCESSOR BY MERGEI TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, involving said property, which property was owned by the decedent at the time of her death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwi payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff sale of the mortgage premises. Date: MATTHEW I. AIKEY, Heir of the Estate of LISA J. AIKEY A/K/A LISA GOSS, Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, MATTHEW I. AIKEY, Heir of the Estate of LISA J. AIKEY A/K/A LISA J. GOSS, Deceased, hereby acknowledge that 1 may have an ownership interest in the property located at 740 STERLING COURT, ENOLA, PA 17025-2655, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 114 et seq., which may be instituted by BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, involving said property, which property was owned by the decedent at the time of her death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwh payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriffs sale of the mortgage premises. Date: _ By -- - - (print name) (sign name) Parent and/or Legal Guardian Of Matthew 1. Aikey, Minor Heir Of the Estate of Lisa J. Aikey A/K/A Lisa J. Goss Exhibit It E" MLED-OFFiCE OF TILE PROTHONOTARY'' 20t? MAY 14 AM 9: 50 COUNTY ??ANIA PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 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 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. /+Z -d97 C1 vt CUMBERLAND COUNTY REBECCA E. AIKEY, in her capacity as Adminishatrix and Heir of the Estate of LISA J. AIKEY A/K/A LISA J. GOSS MATTHEW I. AIKEY, in his capacity as Heir of the Estate of LISA J. AIKEY A/K/A LISA J. GOSS 1457 RYLAND DR MECHANICSBURG, PA 17050-1977 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLARVIING RIGHT, TITLE OR INTEREST FROM OR UNDER LISA J. AIKEY A/K/A LISA J. GOSS, DECEASED 740 STERLING COURT ENOLA, PA 17025-2655 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FO RECLOS%%&,ii-,uI,,;0rtuy U* File #: 285727 ATTORNEY FILL UUPY within to be a true ana PLEASE RETURN c0mect copy of to PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 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 Vj REBECCA E. AIKEY, in her capacity as Administratrix and Heir of the Estate of LISA J. AIKEY A/K/A LISA J. GOSS MATTHEW I. AIKEY, in his capacity as Heir of the Estate of LISA J. AIKEY A/K/A LISA J. GOSS 1457 RYLAND DR MECHANICSBURG, PA 17050-1977 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LISA J. AIKEY A/K/A LISA J. GOSS, DECEASED 740 STERLING COURT ENOLA, PA 17025-2655 Defendants ATTORNEY FOR COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION --LAW COMPLAINT IN MORTGAGE FORECLOSURE Pile k 285727 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 i you fail to do so, the case may proceed without you, and a judgment may be entered against yo 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 LA IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE TO PROVIDE, YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUM13F..R.LAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 285727 1. 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: REBECCA E. AIKEY, in her capacity as Administratrix and Heir of the Estate of LISA J. AIKEY A/K/A LISA J. GOSS MATTHEW I. AIKEY, in his capacity as Heir of the Estate of LISA J. AIKEY A/K/A LIS? J. GOSS 1457 RYLAND DR MECHANICSBURG, PA 17050-1977 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER. LISA, J. AIKEY A/K/A LISA J. GOSS, DECEASED 740 STERLING COURT ENOLA, PA 17025-2655 who is/are the real owner(s) of the property hereinafter described. 3. On 12/27/2006 LISA J. AIKEY made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR AEGIS WHOLESALE CORPORATION which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1978, Page 1884. By Assignment of Mortgage recorded 10/21/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 2011291583he 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. File n: 285727 4 6 The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon sai4 mortgage due 06/01/2011 and each month thereafter are due and unpaid, and by the term of said mortgage, upon failure of Mortgagor to make such payments after a date spe 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 12/01/2011: Principal Balance $152,729.45 Interest $5,568.29 05/01/2011 through 12/01/2011 Late Charges $149.52 Property Inspections $35.00 Escrow Deficit J1164.89 TOTAL $159,547.15 9 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. The mortgage premises are vacant and abandoned. Mortgagor LISA J. AIKEY A/K/A LISA J. GOSS died on 06/05/2011, and REBEC( E. AIKEY was appointed Administrator/trix of her estate. Letters of Administration were granted to her on 07/06/2011 by the Register of Wills of CUMBERLAND File Y.: 285727 COUNTY, No. 21-2011-0718. Decedent's surviving heir(s) at law and next-of-kin are REBECCA E. AIKEY and MATTHEW I. AIKEY. 10. Plaintiff does not hold the named Defendant(s), REBECCA E. AIKEY and MATTH> 1. AIKEY, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant(s) in the aforesaid real estate only, and the Defendant(s) has/have been named in accordance with the requirements of Pa R.C.P. I I44(a)(2) and 20 Pa.C.S.A. § 301(b). 11. Plaintiff hereby releases LISA J. AIKEY A/K/A :LISA J. GOSS from liability for the debt secured by the mortgage. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $159,547.15, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: I shwood, Esquire 11 t t or Plaintiff File 9: 285727 LEGAL DESCRIPTION ALL THAT CERTAIN unit in the property known, named and identified in the declaration referred to below as 'Laurel Hills North Condominium 1', located in East Pennsboro Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S.A. Section 3101 et seq., by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration dated April 4, 1989, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 362, Page 661, as amended and restated, being and designated in such Declaration, as amend and restated, as Unit No. D-22, together with a detached garage being and designated in such Declaration as amended and restated, as Unit No. D-22-G, which said Unit is more fully described in the Amended and Restated Declaration, dated October 15, 1990, recorded hi the office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 388, Page 483, First. Amendment to Amended and Restated Declaration, dated September 22 1993, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 455, Page 201, Second Amendment to Amended and Restated Declaration, dated March 7, 1996, recorded in the Office of tl Recorder of Deeds of Cumberland County in Miscellaneous Book 515, Page 406, Third Amendment to Amended and Restated Declaration, dated April 3, 1996, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 517, Page 217, Corrective Supplement to the Third Amendment to Amended and Restated Declaration, dated September 11, 2006, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 730, Page 2038, and Fourth Amendment to Amended and Restated Declaration, dated September 29, 2006, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellanea Book 731, Page 244, Plats and Plans-Site Plan, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 57, Page 126, First Amendment to Plats and Plans-Site Plan, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 61, Page 102, Second Amendment to Plats and Plans-Sit Plan, dated October 31, 1991, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Bo 66, Page 135, Third Amendment to Plats and Plans - Site Plan, dated September 18, 1995, revised March 4, 1996 recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 71, Page 132, and Fourth Amendment to Plats and Plans-Site Plan, dated February 9, 1996, recorded in the Office of the Recorder of Deed of Cumberland County in Plan Book 72, Page 1, together with proportionate undivided interest in the Common Elements (as defined in said Declaration, as amended and restated) of 3.82%. File #: "L85727 BEING municipally known and numbered as 740 Sterling Court. BEING PART OF THE SAME PREMISES WHICH Mid State Development, Inc., by its Deed dated December 1986, recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book J, Volume 32, Page 967, granted and conveyed unto Laurel Hills Development Corp., Grantor herein. UNDER AND SUBJECT to conditions, restrictions, rights-of-way and set backs as shown on Final Subdivision Plan for Laurel Hills North, dated June 26, 1987, recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 54, Page 30, Plats and Plans-Site Plan, dated March 21, 1989, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 57, Page 126, First Amendment to Plats and Plans-Site i Plan, dated September 28, 1990, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 61, Page 102, Second Amendment to Plats and Plans-Site Plan, dated October 31, 191, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 66, Page 135, Third Amendment to Plats and Plans-Site Plan, dated September 18, 1995, revised March 4, 1996, recorded in the Offid of the Recorder of Deeds of Cumberland County in Plan Book 71, Page 132, and Fourth Amendment to Plats and Plans-Site Plan, dated February 9, 1996, recorded in the Office of the Recorder of Deeds of Cumberland County ?n Plan Book 72, :Page 1. PROPERTY ADDRESS: 740 STERLING COURT, ENOLA, PA 17025-2655 PARCEL # 09-14-0835-082.-U22 File N: 285727 VERIFICATION MQN _DO" PWW) , hereby states that he/ f6 isAN1tQi&/t& 1C &J of BANK OF AMERICA, N.A., Plaintiff in this matter, that he/Ois authorized to make this Verification, an4 verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hi er information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: MJ a4-1,-a,QI-?L File#: 285727 Name: AIKEY Name: yNddsEhrman Title: f ssls 414 ke Presjden- ' BANK OF AMERICA, N.A. File #: 285727 Request for Service R, Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 -......._.._._._...__......._-..._...._.__...__.....-_...-...____.....___....._... BANK OF AMERICA, N.A., SUCCESSOR Court Number: BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE Expiration Date: HOME LOANS SERVICING, LP Type of Action: ' Mort a e Foreclosure Complaint Defendant/s: REBECCA E. AIKEY, MATTHEW I. AIKEY, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LISA J. AIKEY A/K/A LISA. J. GOSS, DECEASED Serve Upon: REBECCA E. AIKEY Address for Service: 740 STERLING COURT ENOLA, PA 17025-2655 - ?- ._ Alternate Address for Service: 1457 RYLAND DR MECHANICSBURG, PA 17050-1977 -_~ Type of Service: ? Personal ? Adult in Charge ? Deputize O Certified Mail ? Posting (cop of court order required) ?- Special Service Instructions: **If service is to be made by deputized service to another county please specify which county I Filing Attorney's Information: Name: Phelan Hallinan & Schmieg, LLP Matthew G. Brushwood Address: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Telephone: 215-563-7000 x 1482 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 ......... _........ ....... ....... ..... ..............._...-_--..__.._.-___-.....__.._....._....._._. BANK OF AMERICA, N.A., SUCCESSOR _...__...._........__....__...... _...... ............................ ....__._..._.... _........ ......_..........._._ _.._.__.,..... _.__....__._._.......... Court Number: BY MERGER TO BAC HOME LOANS ? SERVICING, LP FKA COUNTRYWIDE Expiration Date: -r--_? HOME LOANS SERVICING, LP Type of Action: Mort age Foreclosure Complaint Defendant/s: REBECCA E. AIKEY, MATTHEW 1. AIKEY, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LISA J. AIKEY A/K/A LISA J. GOSS, DECEASED Serve Upon: REBECCA E. AIKEY . Address for Service: 1457 RYLAND DR MECHANICSBURG, PA 17050-1977 _ Alternate Address for Service: 740 STERLING COURT ENOLA, PA 17025-2655 Type of Service: I ? Personal ? Adult in Charge ? Deputize ? Certified Mail ? Posting (cop of court order require ) .... ......... ........... _...... _.._ _......... Special Service Instructions: ~ - **If service is to be made by deputized service to another county please specify which c,ounty_ II _ .............._......__...._......__ _........ _ Filing Attorney's Information: Name: Phelan Hallinan & Schmieg, LLP Matthew G. Brushwood Address: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Telephone: 215-563-7000 x 1482 - Request for Service R.. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 _____.._.__ ., ...._._..._..__..___._.... __ .. _._.__ _ ___.___ _.__._ BANK OF AMERICA, N.A., SUCCESSOR _ _ __ .__.. __.._.......___,...._......_.........._...._ ............... __...............__...._...._.........._.._. Court Number: BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE Expiration Date: HOME LOANS SERVICING, LP _ Type of Action: Mortgage Foreclosure Complaint Defendant/s: REBECCA E. AIKEY, MATTHEW 1. AIKEY, UNKNOWN HEIRS, SUCCESSORS ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LISA J. AIKEY AIK/A LISA J. GOSS, DECEASED Serve Upon: MATTHEW I. AIKEY .__........ ...... ..... . _........_...... ...... Address for Service: 740 STERLING COURT ENOLA, PA 17025-2655 - - - - -------------- Alternate Address for Service: 1457 RYLAND DR MECHANICSBURG, PA 17050-1977 Type of Service: ? Personal ? Adult in Charge ? Deputize ? Certified Mail ? Posting (cop of court order require q) __-.-------------------- _ Special Service Instructions: **If service is to be made by deputized service to another county please specify which county _ Filing Attorney's Information: Name: Phelan Hal linan & Schmieg, LLP Matthew G. Brushwood Address: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA. 19103 Tehone:__215-563-7000 x 1482 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 BANK OF AMERICA, N.A., SUCCESSOR __...._.....__._._._... ................. Court Number: BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE Expiration Date: HOME LOANS SERVICING, LP _...___ Type of Action: Mort gage Foreclosure Complaint _ ? Defendant/s: REBECCA E. AIKEY, MATTHEW I. AIKEY, UNKNOWN HEIRS, SUCCESSORS, j ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LISA J. AIKEY A/K/A LISA. J. GOSS, DECEASED Serve Upon: MATTHEW I. AIK Y -- - --------------------------------------- ----------------- Address for Service: 1457 RYLAND DR MECHANICSBURG, PA 17050_1977 Alternate Address for Service: 740 STERLING COURT ENOL.A, PA 17025-2655 _ Type of Service: ? Personal ? Adult in Charge ? Deputize ? Certified Mail ? Posting (cop of court order requir) Special Service Instructions: **If service is to be made by deputized service to another county please specify which county _ i __........._....._._._...._._ _...__._._._,_.___....__ ................_..-__....___ Filing Attorney's Information: Name: Phelan Hallinan & Schmieg, LLI' Matthew G. Brushwood Address: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA. 19103 ".Telephone: 215-563-7000 x 1482 Exhibit fit F" PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215-563-7000 Michelle.grago@fedphe.com Michelle Grago Legal Assistant, Decedent Department June Z'J, 2012 Michael Cherewka, Esq. 624 North Front Street Wormleysburg, PA 17043 Representing Lenders In Pennsylvania and New Jersey RE: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SER LP V. REBECCA E. AIKEY, in her capacity as Administratrix and Heir of the Estate of LISA J. AIKEY A/K/A LISA 1 GOSS ET AL. NO. 12-2974 CIVIL TERM Dear Defendant: Enclosed please find a copy of my proposed Motion for Service of the Complaint Pursuant t special Order of Court and proposed Order. In accordance with Cumberland County Local Rule 208.3(9), l am seeking your concurrence with the requested relief. Please respond to me within one week from the date of this letter. Should you have any further questions or concerns, please feel free to contact me. Otherwis?:, please be guided accordingly. Sincerely- -1 Michelle G,r"-O Legal As6ist PHS# 285727/MJG PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215-563-7000 Michelle.grago@fedphe.com Michelle Grago Legal Assistant, Decedent Department Representing Lenders In Pennsylvania and New Jersey JuneZ? 2012 REBECCA E. AIKEY 1457 RYLAND DR MECHA.NICSBURG, PA 17050-1977 RE BANK OF AMERICA, N .A., SUCCESSOR BY MERGER-"I O $AC j HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICI`? G, LP I V. REBECCA E. AIKEY, in her capacity as Administratrix and Heir of the Estate of LISA J. AIKEY A/K/A LISA J. GOSS ET AL. NO. 12-2974 CIVIL TERM Dear Defendant Enclosed please find a copy of my proposed Motion for Service of the Complaint Pursuant t special Order of Court and proposed Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief. Please respond to me within one week from the date of this letter. Should you have any further questions or concerns, please feel free to contact me. Otherwis?, please be guided accordingly. Sincerely, 7 Michelle Grago --?' Legal Assistant PHS# 285727/MJG PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215-563-7000 N4ichelle.grago@fedphe.com Michelle Grago Legal Assistant, Decedent Department Representing Lenders In Pennsylvania and New Jersey June Zy,.2012 MATTHEW I. AIKEY 1457 RYLAND DR MECHANICSBURG, PA 17050-19"l7 RE: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICI] G, LP V. REBECCA E. AIKEY, in her capacity as Administratrix and Heir of the Estate of LISA J. AIKEY AWA LISA J. GOSS ET AL. NO. 12-2974 CIVIL TERM Dear Defendant: Enclosed please find a copy of my proposed Motion for Service of the Complaint Pursuant to special Order of Court and proposed Order. In accordance with Cumberland County Local ule 2083(9), I am seeking your concurrence with the requested relief. Please respond to me wit:im one week, from the date of this letter. Should you have any further questions or concerns, please feel free to contact me. Otherwise;, please be guided accordingly. Sincerely, Michelle Gr Legal Ass , . t? PHS9 285727/MJG PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215-563-7000 N/lichelle.grago@fedphe.com Michelle Grago Legal Assistant, Decedent Department: Representing Lenders In Pennsylvania and New Jersey June ?,%2012 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LISA J. AIKEY A/K/A LISA J. GOSS, DECEASED RE: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICHI G, LP V. REBECCA E. AIKEY, in her capacity as Administratrix and Heir of the Estate of LISA J. AIKEY A/K/A LISA .I. GOSS ET AL. NO. 12-2974 CIVIL TERM Dear Defendant: Enclosed please find a copy of my proposed Motion for Service of the Complaint Pursuant special Order of Court and proposed Order. In accordance with Cumberland County Local 208.3(9), I am seeking your concurrence with the requested relief. Please respond to me w one week from the date of this letter. Should you have any further questions or concerns, please feel free to contact me. please be guided accordingly. Sincerely- .y Mi Gr s?µ J Legal Assis@t PHS# 285727/MJG w A6 IR 0 0 w U N o0 Sao ZFa aZ< w QVa, = Z W <wi wZ.? a0a II ^O L Cd ?Vi 'fl ? L y ZQo i?7t1`„dlr. iItlCr2id t7311'dW 1 za'.. P H+9V?' ? v e y I I ? I O Fsi wl I lls O I ?r O ? it W w zz '? I I' ?o zw I, I GHQ ?I Uzi Q Q Q p w x Q ° ? a? o U?x F?tx? zU 0 o w ? C ¢z * ? F N M ct ?, ?O t? oo O? I Exhibit It G" Michelle Grago From: Mike Cherewka The Law Offices of Michael [mcherewka@cherewkalaw.com] Sent: Friday, July 06, 2012 4:11 PM To: Michelle Grago Subject: Bank of America v. Estate of Lisa J. Goss Michelle I have tried several times to phone in a concurrence on your proposed Motion for Service in the above referenced foreclo ure action but your phione system (or operator) cuts me off when forwarding the call to you. This email will signify concurrence on behalf of Estate, Admiinstratrix and Heirs of Estate to your proposed Motion. Michael Cherewka Michael Cherewka The Law Offices of Michael Cherewka 624 North Front Street Wormleysburg, PA 17043 (717) 232-4701 (717) 232- 4774 FAX www.cherewkalaw.com 230 Disclosure: Pursuant to recenlty-enacted U. S. Treasury Department Regulations, we re now required to advise you that, unless otherwise expressly indicated, any federal tax advise contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-rel ted penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related ma ers addressed herein. Phelan Hallinan & Schmieg, LLP 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 vs. REBECCA E. AIKEY, in her capacity as Administratrix and Heir of the Estate of LISA J. AIKEY A/K/A LISA J. GOSS ET AL. Attorney for Plaintiff COURT OF COMMON CIVIL DIVISION NO. 12-2974 CIVIL TERM CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiff's Motion for S Service was served by regular mail on Defendant(s) on the date listed below: Michael Cherewka, Esq. 624 North Front Street Wormleysburg, PA 17043 REBECCA E. AIKEY 1457 RYLAND DR MECHANICSBURG, PA 17050-1977 MATTHEW I. AIKEY 1457 RYLAND DR MECHANICSBURG, PA 17050-1977 2857,27 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LISA J. AIKEY A/K/A LISA J. GOSS, DECEASED 740 STERLING COURT ENOLA, PA 17025-2655 PHELAN HALL.INAN & SCHMIEG, LLP gy Dated: -IL /Mattlkrv? wood, Esq., Id. No.310592 Attome Plaintiff 285'27 i w 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, CIVIL DIVISION LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP NO. 12-2974 CIVIL TERM VS. CUMBERLAND COUNTY REBECCA E. AIKEY, in her capacity as Administratrix and Heir of the Estate of LISA J. AIKEY A/K/A LISA J. GOSS ET AL. ORDER AND NOW, this day of -SJ`y , 2012, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint, and all future pleadings, on the Defendant, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LISA J. AIKEY A/K/A LISA J. GOSS, DECEASED, by publication of the Complaint in accordance with Pa.R.C.P. 430(b)(1); by mailing a true and correct copy of the Complaint by Regular mail; and by posting the mortgaged premises at 740 STERLING COURT, ENOLA, PA 17025-2655 by the Sheriff or by a non-party competent adult. PHS# 285727/MJG l()r Plaintiff is hereby directed to file a It is further ORDERED and DECREED ()mpliance with this court order. certificate of service with the Prothonotary's offi._ " ; BY THE COURT: 1 J. JC? rw J ? Pke [art ? <IK a., COP7 w,a,(ed '71/3/-,'-') PHS# 285727/MJG )21,-L c ..?z - Or' `r Z C3 C:y ' FILED-OFFICE PHELAN HALLINAN & SCHMIEG, LLP L-h [HE PRGTIIONOTA[i ? John Michael Kolesm 'k E Id N , sq., . o. 308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., SUCCESSO BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff vs. 2012 JUL 30 AM 9: 59 CUMBERLAND COUNTY PENNSYLVANIA R COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY REBECCA E. AIKEY, in her capacity as Administratrix and Heir of the Estate of LISA J. AIKEY A/K/A LISA J. GOSS MATTHEW I. AIKEY, in his capacity as Heir of the Estate of LISA J. AIKEY A/K/A LISA J. GOSS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LISA J. AIKEY A/K/A LISA J. GOSS, DECEASED Defendants No. 12-2974 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTIONIMORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the captioned matter. AN & SCHMIEG, LLP By: Date: July 26, 2012 JMK/knm, Svc Dept. File# 285727 J hael Kolesnik, Esq., Id. No. 308877 for Plaintiff a?'?A 4? I. i's ? 0 Ck.R taSLsa AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME PHS#285727 LOANS SERVICING,LP DEFENDANT SERVICE TEAM/lxh REBECCA E.AIKEY,in her capacity as Administratrix and Heir of COURT NO.:12-2974 CIVIL TERM the Estate of LISA J.AIKEY A/K/A LISA J.GOSS MATTHEW I.AIKEY,in his capacity as Heir of the Estate of LISA J. AIKEY A/K/A LISA J.GOSS q UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL C `' PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LISA J.AIKEY A/K/A LISA J.GOSS,DECEASED Z -V t tYt SERVE REBECCA E.AIKEY,in her capacity as Administratrix and TYPE OF ACTION -< tNf1. ©4' Heir of the Estate of LISA J.AIKEY A/K/A LISA J.GOSS AT: XX Notice of Sheriff's Sale t^CD 1457 RYLAND DR SALE DATE: September 4,201*C7 C-)-tn MECHANICSBURG,PA 17050-1977 ?C) -t- 5> SERVED Served and made known to REBECCA E. AIKEY in her capacity as A inistratrix and Heir of the Estate of LISA J. AIKEY A/K/A LISA J.GOSS,Defendant ggn the` day of eICCtA 20/a,at o'clock�PM.,at I(l IGtn� AIL. ,in the manner described below: Defendant p8rsonally serve- _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:f Age � Height� Weight�Race W Sex�Other I, e- l -51, a com etent adult, hereb verif that I ersonall handed a true and correct co of the r Y Y r Y �Y Notice of Sh riffs 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 pe ]ties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 9 DATE: 3 NAME: I (� PRINTED NAME: TITLE: �Esf' -s4ry°r NOT SERVED On the day of 20 ,at o'clock_.M.,I, a competent adult hereby state that D endant NOT FOUND because: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 1.8 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 AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME PHS#285727 LOANS SERVICING,LP DEFENDANT SERVICE TEAM/lxh REBECCA E.AIKEY,in her capacity as Administratrix and Heir of COURT NO.: 12-2974 CIVIL TERM the Estate of LISA J.AIKEY A/K/A LISA J.GOSS MATTHEW I.AIKEY,in his capacity as Heir of the Estate of LISA J. G AIKEY A/K/A LISA J.GOSS UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT, rn05 7-- M-r< TITLE OR INTEREST FROM OR UNDER LISA J.AIKEY A/K/A mm "v r- LISA J.GOSS,DECEASED �1�- !rV rn <D C) 4 SERVE MATTHEW I.AIKEY,in his capacity as Heir of the Estate of TYPE OF ACTION >—" CD LISA J.AIKEY A/K/A LISA J.GOSS AT: XX Notice of Sheriffs Sale y t O'rt 1457 RYLAND DR SALE DATE: September 4,2013=O r-) MECHANICSBURG,PA 17050.1977 —y .. °t ri SERVED Served and made known to MATTHEW I. AIKEY in is capacity as Heir of the Estate of LISA J. AIKEY A/K/A LISA J.GOSS,Defendant on the ( day of a2 ff ,20 13,at - f'j5,o'clock-PM.,at I qS-:Z IP rl an p in the manner described below: _Defendant psonally sery �-' Adult family member with whom Defendant(s)reside(s). Relationship is P,�C�-el A iKey _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: l� Description: Age Height 7 Weight Race w Sex f--Other 1, W�1.� , a competent adult,hereby verify that I personally handed a true and correct copy of the Notice ot 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 th penes of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 3 NAME: PRINTED NAME: SU n'l�t�'1 Ofi(c TITLE: CeSJ' 2�(/PT NOTSERVED On the day f 20_,at o'clock_.M.,I, a competent adult hereby state that a endant NUT-MURnecause: _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 s ` ILL.I. 0 F F' i'F THE t RO T NONOTAR PHELAN HALLINAN,LLP 2Q13 AUG `6 AM 10: 23 Attorney for Plaintiff Adam H.Davis,Esq.,Id.No.2P,0%ERLANU COUNTY 1617 JFK Boulevard,Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia,PA 19103 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.: 12-2974 CIVIL TERM REBECCA E.AIKEY MATTHEW I.AIKEY UNKNOWN HEIRS,SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LISA J.AIKEY A/K/A LISA J.GOSS, DECEASED 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". �'4 y Adam H.Davis,Esq.,Id.No.203034 8� //, S Attorney for Plaintiff Date: LJ �} 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#779555 7 1 •. Name and 1'hclan tiallinan,LLP « Addtc&i 1617 311K Boulevard,Suits 1434 1 �to or Seadcr Litre eciat Cum,Plan PhilnJvl hia,PA1.9103 AZWSCS-09/04!2413 SALE a Une Ankle Number Name of Addressee,Street,and Post Office Address t Postage 1 •+pa TtTAKrlOCCUPAVr $994 70STPRI NG COURT 4 ��}}jj e•� F'MMA PA 170IS4653 1 1 i1 PM .. 2 ++a+ C0MMUX1W-MTNUFWIN'SYLVANI AllUR FAUOFINDIVIDUALTA XFS INHERITANCE TAX DIVISION � SQ.gsl 6THFi.00RSTRAWBURYSO. - dIi yz aC.p UWTUOM ItARRIBRIIRG PA 1717R r 3 rlrxs DEPAR'TMXVr,0FFDOLICIV'FJ.FARO,TPLCASUALTY UNlT.F.S'7AMRF.COl%TWPRCGRAM SQ.44 P.O.RON94M ' WHA.AM OAR OUILDIPIr: HARRISOURG PA DIGS 4 ,t+aa F:CTA7•F.DFI,ISA 3.A11MVAMA I.19A,1.C,L1Cti,i)i'("r,AiF.11C,'Irf rinCRA'M,('IIFRF,UWA.FrO. 626 NOt1.ERTH I'ROw'T S:RT,F:i • i }+•<� ,�., 4V0RhYAR17tG,1'A 17041 S 3t 1 5 sxsp IAUW.I.H11.f.50X'EI,AU"IfflT CUR.P.Cm DAN"F KY - _5Q. 4991YFwT nrfRDbrRF.FT RFRIYICR PA 18603 SSS 46ss LAUREL"%VK "01 DEVF.I.OFAiEI`T CORP.CJ13 DAVID D H'R01YN so.IA 4994VF�S"f 7IIIH0 STRFEr 11F.RUTCK,to 18663 +7 seep LAUREt,IHU-<',OSVELgPAIFS7Ct1141%CIO DONA1.0 N111M A SDM 494 WPM TiITRn.MF..FT RFAI1TCK.PA 18603 " 8 pt;6 LAUREt.JULiSOEVEMPMEATCORP. RAV5.3iME ,. S44d 499 U'FY ,numxF.RT I DRAWICK.PA 18643 1 g LISA 1.AIKEY AMA LISA 3,C4S$D£CFASED C/O IAVRIEA,SALT7 TVER.Y-M S0.44 4YONORTII SECONDSTREET 11.0.BOX 1062 �.. IIARRM)MG PA 171MA061 to r+.r CGW(0VWPM.TT1OFPCWSYLVANtA .$0.44 I)EPART MITOF15T7.FARP P.O.HOX 267$ IIARRISHURG PA 17105 1,1 M.Er 1 MAVAI.RR T,;00,BFRVICF.ADVISORV SQ.44 I 10M URERTY A VRNIM ROOM 704 •. PrrTSRVRG}1 PA 15222 12 Aass .5..UPARMERT O f- 50,44 11.9.ATTORN'1'.'1'FOR nW..MID=IRSTRI CT OF PA � 1 VVIMAL IIUILOIKC W WA1.A'UrsTREF:T,.,m .720 TO BOX 11714 HARRi5HURG,PA ORAP17S1 13 *«Mp DGMEMCRPLATIONNSOF 50.44 CUN1 ULANDCOUNTY 13 NORTH IIANOWR STREET CARF3SLF PA 17013 RE:REBECCA E.AIXEY(CUMBER LAND PHS 41285727/1421 Page 1 of 1 Writ Team ISS.72 Tctxt l:dtri+rrcl Tetrl l.'utnDrr dTS:<ns P+xtn:<m.P<s lGAtx of _ 't'hetnRdtdn'Mnnt aatuc it rtytt.rd an aR damCZkrcsF6 rur+aavantt re6nttrtdxaii 7!¢waax+rl+tNem�OyPxyetk� Th..t.l,.cd tg Soxkr It.—laz N't 0m. 'L—4-1; (a�A+r tscrwnuaew m nanneP+Fxate4rcemew-1.Egsc Mxii mcunen mnwimnvmtrorrxeK<kS91.OLb Pe' - prcec x�9+jen mxi.na rJ 3gNl tllMi lrr:.rrt,r+rxse TUx rxninun+mtcnw+gl fiiyeDA•rn F.prc«i>a m+r.hxMia ir.liM t TM mxximrm rru;eAn,qprxMc ia'S_,.IRfl Fp re=izicr<tl wit.aer<u-�h r}xxrut nrurvna Su O�un<z4:�Su'I Mxm.l R91AI 5913 and tiY2l in•trmxtxwt a:l<stvas - ' Form 3877 Farsimiie Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam-Davis@PhelanHallinan.com 215-563-7000 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.: 12-2974 CIVIL TERM REBECCA E. AIKEY, IN HER CAPACITY AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF LISA J. AIKEY A/K/A LISA J. GOSS MATTHEW I. AIKEY,IN HIS CAPACITY AS HEIR OF THE ESTATE OF LISA J. AIKEY A/K/A LISA J. GOSS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LISA J. AIKEY A/K/A LISA J. GOSS, DECEASED cD E3 :Z Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff,by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: I. Plaintiff commenced this foreclosure action by filing a Complaint on May 14,2012. 2. Judgment was entered on February 4, 2013 in the amount of$159,547.15. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 779555 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 September 4, 2013. 5. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $152,729.45 Interest Through September 4, 2013 $22,351.62 Legal fees $1,875.00 Cost of Suit and Title $2,288.34 Property Inspections $70.00 Property Preservation $1,344.55 Mortgage Insurance Premium/Private Mortgage Insurance $1,157.64 Escrow Deficit $4,078.55 TOTAL $185,895.15 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law,Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on August 7, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. 779555 A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit".13". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge M.L. Ebert,Jr. entered an order for Service Pursuant to Special Order of Court dated July 13, 2012 . WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: By: Adam H. Davis,Esquire ATTORNEY FOR PLAINTIFF 779555 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 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.: 12-2974 CIVIL TERM REBECCA E. AIKEY, IN HER CAPACITY AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF LISA J. AIKEY A/K/A LISA J. GOSS MATTHEW I. AIKEYJN HIS CAPACITY AS HEIR OF THE ESTATE OF LISA J. AIKEY A/K/A LISA J. GOSS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LISA J. AIKEY A/K/A LISA J. GOSS, DECEASED Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE , LISA J. AIKEY A/K/A LISA J. GOSS,DECEASED 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 740 STERLING COURT, ENOLA, PA 17025-2655. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any 779555 necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly,after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy,if any. 11. 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 aJudgment 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 Sheriff s sale. 'Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranis 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). 779555 The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and,in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v.Altoona Trust Co., 332 Pa. 545,2 A.2d 826(1939). Because ajudgment 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. Bums,414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment,and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct ajudgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276(1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums,fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 779555� III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel,424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). 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 Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriff s Sale and become the successful purchaser,Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding,Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, 779555 Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. V1. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records,title reports and supporting documents,preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice,Department of Defense search, entry ofludgment,the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865);First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d.344 (Pa. Super. 779555 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995).Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. V11. 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 PaR.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced(which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. 779555 Accordingly,the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property,not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. V111. 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 tender'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 779555 which are referred to in the industry as"property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiffs 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. 779555 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: / By: Adam H. Davis, Esquire Attorney for Plaintiff 779555 Exhibit 779555 /r 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.12-2974 CIVIL TERM 3 �* REBECCA E.AIKEY,in her capacity as �;a co Administratrix and Heir of the Estate of z r LISA J.AMY A/K/A LISA J.GOSS jw- MATTHEW I.AIKEY,in his capacity as 5;C== c Heir of the Estate of LISA J.AIKEYi " A/K/A LISA J.GOSS __�.n iii„ ✓`�� ♦. � �o�1M. UNKNOWN HEIRS,SUCCESSORS, . f„ ASSIGNS,AND ALL PERSONS,FIRMS, : OR ASSOCIATIONS CLA M[ING RIGHT,TITLE OR INTEREST FROM OR UNDER LISA J.AIKEY A/K/A LISA J.GOSS,DECEASED 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 REBECCA E.AIKEY in her capacity as Administratrix and Heir of the Estate of LISA J AIKEY A/K/A LISA J GOSS,MATTHEW L AIKEY,in his capacity as Heir of the Estate of LISA T AIKEY A/K/A LISA J.GOSS,and UNKNOWN HEIRS,SUCCESSORS,ASSIGNS AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT M`LE OR INTEREST FROM OR UNDER LISA J.AIKEY A/K/A LISA T.GOSS.DECEASED,Defendants for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiff damages as follows: As set forth in Complaint $159,547.15 285727 TOTAL $159,547.15 I hereby certify that(1)the Defendants'last known addresses are 1457 RYLAND DR, MECHANICSBURG,PA 17050-1977 and 740 STERLING COURT,ENOLA,PA 17025-2655, and(2)that notice has been given in,accordance with Rule Pa.R.C.P 237.1. Date o 0 2A, J an Lobb,Esq.,Id.No.312174 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: a L4 I I PROTHONOTARY 285727 Exhibit "B" 779555 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 ; Phelan Hallinan, LLP Representing Lenders in Pennsylvania August 7`h 2013 s Michael Cherewka,Esquire UNKNOWN HEIRS,SUCCESSORS, 624 North Front Street ASSIGNS,AND ALL PERSONS, FIRMS, OR Wormleysburg,PA 17043 ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LISA J. REBECCA E.AIKEY AIKEY A/K/A LISA J. GOSS,DECEASED MATTHEW 1. AIKEY 740 STERLING COURT 1457 RYLAND DR ENOLA,PA 17025-2655 MECHANICSBURG,PA 17050-1977 s s RE: BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP v. REBECCA E. AIKEY,MATTHEW I. AIKEY,IN HIS CAPACITY AS HEIR OF THE ESTATE OF LISA J.AIKEY A/K/A LISA J. GOSSand UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LISA J. AIKEY A/K/A LISA J. GOSS,DECEASED Premises Address: 740 STERLING COURT ENOLA,PA 17025 CUMBERLAND County CCP,No. 12-2974 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order.In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days,by 8/13/2013. i f 1 779555 ;) C 4 Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, Adam H. Davis, Esq.,Id. No.203034 Attorney for Plaintiff Enclosure s i 9 I i 779555 4 and Phelan Hallinan,LLP is 1617 JFK Boulevard,Suite 1400 der One Penn Center Plaza Philadelphia,PA 19103 KVM Article Number Name of Addressee,Street,,and Post Office Address Posts a **** REBECCA E.AIKEY 5 MATTHEW 1.AIKEY $0.45 N 1457 RYLAND DR o MECHANICSBURG PA 17050-1977 REBECCA E.AIKEY MATTHEW I.AIKEY $0.45 t M m a UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS oe CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LISA J.AIKEY A/K/A LISA J.!GOSS, 0 a a$ DECEASED 740 STERLING COURT ENOLA,PA_7025-2655 **** Michael Cherewlca,Esquire 624 North Front Street S0.45 Wormleysburg,PA 17043 RE:REBECCA E.AMY,IN HER CAPACITY AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF 31. PA LISA J.AIKEY A/K/A LISA J CUMBERLAND PH#779555/1200 Page 1 of 1 abcof poatmaua ftr meof ted by Seeder TRaeived C Port Oaice 1Le aYl decicatim of value iu fagW id m aU domestic sod' wd _a vmg Employee) for the,eoomtnntian of noonegotia"W document,mda Mail docmoam pixy acbjxt to alimit of SS DDD perocemmtt.The mdcmdty payab The marimum indemnity payahk u 5 0 rcQiseetM '1,seat w[th optional 11Kia�t(c Mad Maadal' R900 S9I3 and 5971 for limimiiom of e4 ge 3877 Facsimile I. 779555 �i; Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 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.: 12-2974 CIVIL TERM REBECCA E. AIKEY, IN HER CAPACITY AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF LISA J. AIKEY A/K/A LISA J. GOSS MATTHEW I. AIKEY,IN HIS CAPACITY AS HEIR OF THE ESTATE OF LISA J. AIKEY A/K/A LISA J. GOSS UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LISA J. AIKEY A/K/A LISA J. GOSS, DECEASED Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. 779555 Michael Cherewka, Esquire REBECCA E. AIKEY 624 North Front Street MATTHEW I. AIKEY Wormleysburg,PA 17043 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR REBECCA E. AIKEY ASSOCIATIONS CLAIMING RIGHT, TITLE MATTHEW I. AIKEY OR INTEREST FROM OR UNDER LISA J. 1457 RYLAND DR AIKEY A/K/A LISA J. GOSS, DECEASED MECHANICSBURG,PA 17050-1977 740 STERLING COURT ENOLA,PA 17025-2655 Phelan Hallinan,LLP DATE: �� By: Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 779555 BANK OF AMERICA, N.A. IN THE COURT OF COMMON PLEAS OF SUCCESSOR BY MERGER TO CUMBERLAND COUNTY, PENNSYLVANIA BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP PLAINTIFF V. REBECCA E. AIKEY, IN HER CAPACITY AS ADMINISTRATRIX AND : HEIR OF THE ESTATE OF LISA J. AIKEY A/K/A LISA J. GOSS ° MATTHEW I. AIKEY, IN HIS CAPACITY AS HEIR OF THE ZOO, ESTATE OF LISA J. AIKEY A/K/A LISA J. GOSS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LISA J. AIKEY A/K/A LISA J. GOSS, DECEASED DEFENDANTS NO. 12-2974 CIVIL ORDER OF COURT AND NOW, this 21St day of August, 2013, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before September 13, 2013; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. - - ` " 4. The Prothonotary is directed to forward said Answer k] this Court. Bv the Court, SA �=\A V Z"Adarn H. Davis, Esquire Attorney for Plaintiff ZeR� becca /�E. key Matthew |. Aik8y UOkOoVvO Heirs Defendants bas C6 ES. pz�^ ,.r _ OF 1 CIE PROTHONOTARY Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 '.2 13 AUG 29 AM WtORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Adam.Davis@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.: 12-2974 CIVIL TERM REBECCA E. AIKEY, IN HER CAPACITY AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF LISA J. AIKEY A/K/A LISA J. GOSS MATTHEW I.AIKEY, IN HIS CAPACITY AS HEIR OF THE ESTATE OF LISA J. AIKEY A/K/A LISA J. GOSS UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LISA J. AIKEY A/K/A LISA J. GOSS,DECEASED Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 21,2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. Michael Cherewka,Esquire 624 North Front Street Wormleysburg,PA 17043 779555 REBECCA E. AIKEY,IN HER CAPACITY REBECCA E. AIKEY, IN HER CAPACITY AS ADMINISTRATRIX AND HEIR OF THE AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF LISA J. AIKEY A/K/A LISA J. ESTATE OF LISA J. AIKEY A/K/A LISA J. GOSS GOSS MATTHEW 1. AIKEY,IN HIS CAPACITY MATTHEW I. AIKEY, IN HIS CAPACITY AS AS HEIR OF THE ESTATE OF LISA J. HEIR OF THE ESTATE OF LISA J.AIKEY AIKEY A/K/A LISA J. GOSS A/K/A LISA J. GOSS 1457 RYLAND DR UNKNOWN HEIRS, SUCCESSORS, MECHANICSBURG,PA 17050-1977 ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LISA J. AIKEY A/K/A LISA J. GOSS, DECEASED 740 STERLING COURT ENOLA,PA 17025-2655 Phelan Hallinan, LLP DATE: By: al� C44�� Adam H. Davis,Esq.,Id.No.203034 Attorney for Plaintiff 779555 F -OFFICE OF THE PROTHONOTARY PHELAN HALLINAN, LLP 2013 SEP _6 AM 9: 14 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, CUMBERLAND COUNTY LP FKA COUNTRYWIDE HOME LOANS COURT OF COMMON PLEAS SERVICING, LP CIVIL DIVISION Plaintiff NO. 12-2974 CIVIL TERM vs. REBECCA E. AIKEY, IN HER CAPACITY AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF LISA J. AIKEY A/K/A LISA J. GOSS MATTHEW I. AIKEY, IN HIS CAPACITY AS HEIR OF THE ESTATE OF LISA J. AIKEY A/K/A LISA J. GOSS UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LISA J. AIKEY A/K/A LISA J. GOSS, DECEASED Defendants AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail to UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LISA J. AIKEY A/K/A LISA J. GOSS, DECEASED on APRIL 1, 2013 in accordance with the Order of Court dated JULY 13, 2012. The property was posted on MARCH 12,2013. Publication was advertised in THE SENTINEL on APRIL 4, 2013 &in THE CUMBERLAND LAW JOURNAL on APRIL 12, 2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan Hall' an, DATE: By iso . Z ck an, E , Id. No.309519 t ey for aintiff y.i I-ED-0 IF 17101 U THE P ROTHONO'TA; v 2012 JUL 13 PM 21 16 F"eft-CUMSCALANUCOUNTY PERNOtVANIA 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, CIVIL DIVISION LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP NO. 12-2974 CIVIL TERM vs. CUMBERLAND COUNTY a*"File Cow REBECCA E. AIKEY,in her capacity as NO$;Rewra Administratrix and Heir of the Estate of LISA J. AIKEY A/K/A LISA J. GOSS ET AL. ORDER AND NOW, this /3 day of 94 2012, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of court,it is hereby; ORDERED that Plaintiff may obtain service of the Complaint, and all future pleadings, on the Defendant, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR. ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LISA J. AIKEY A/K/A LISA J. GOSS, DECEASED, by publication of the Complaint in accordance with Pa.R.C.P. 430(b)(1); by mailing a true and correct copy of the Complaint by Regular mail; and by posting the mortgaged premises at 740 STERLING COURT, ENOLA, PA 17025-2655 by the Sheriff or by a non-party competent adult. Orm File Co" ftse Raw PHS#2857271MJG 5 7e, It is lAmther ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order.. BY THE COURT: PHS#285727/MJG o Name and PHELAN HALLINAN&SCHMIEG to o Address y One Penn Center at Suburban,Suite 1400 m to N of Sender Philadelphia,PA 19103 00 e— o O Line Article Name of Addressee,Street,and Post Office Address Postage ^ C as Number I i 1 **** UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LISA J.AIKEY A/K/A LISA J.GOSS, DECEASED o 40 STERLING COURT �" N o o° NOLA,PA 17025-2655 2 ***s 3 **** 4 **** w ��A 5 � ; � , ,ter► 1� 7 **** g **** 9 **** 10 **** 11 **** 12 :. LISA J.AIKEY A/K/A LISA J.GOSS,DECEASED PHS#285727 Total Number of Total Number of Pieces Postmaster,Per(Name of Receiving Pieces Listed by Sender Received at Post Office Employee) LXII-�*NOTICE OF SALE: CERTIFICATE OF MAILING* CODE: 1020 AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF o CUMBERLAND COUNTY BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME PHS#285727 ' LOANS SERVICING,LP DEFENDANT SERVICE TEAM/lxh REBECCA E.AIKEY,in her capacity as Administratrix and Heir of COURT NO.:12-2974 CIVIL TERM the Estate of LISA J.AIKEY A/K/A LISA J.GOSS MATTHEW I.AIKEY,in his capacity as Heir of the Estate of LISA J. AIKEY A/K/A LISA J.GOSS UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND AI.L PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LISA J.AIKEY A/K/A LISA J.GOSS,DECEASED SERVE UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL TYPE OF ACTION PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT, XX Notice of Sheriff's Sale TITLE OR INTEREST FROM OR UNDER LISA J.AIKEY A/K/A SALE DATE: September 4,2013 LISA J.GOSS,DECEASED AT: 740 STERLING COURT ENOLA,PA 17025-2655 **Please post property with Notice of Sale in accordance with Court Order'"' SERVED Served and made known to UNKNOWN HEIRS. SUCCESSORS, ASSIGNS, AND ALL PERSONS FIRMS OR ASSOCIATIONS CLAIMING RIGHT TITLE OR INTEREST FROM OR UNDER LISA J. AIKEY A/K/A LISA J. GOSS DECEASED,Defendant on t e day of R 20 L:�,at o'clock .M.,at 1!1 t ,in the manner described below: _Defendant personally sefved. _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 s 'd Defendant's company. Other: e �Q Description: Age Height Weight Race Sex Other I, d l . , Q , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Shdriffs 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. nn 9 DATE: oq 1 3 NAME: PRINTED NAME: 06 J n CkMt UAVJ TITLE: NOTSERVED On the da of 20 .at o'clock .M.,I, a competent adult hereby state thatDetendant 1 I ND ecause: Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 _ One Penn Center Plaza 1 f { J PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Ron Thayer,Sales Manager, of The Sentinel, of the County and State aforesaid,being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle,County and State aforesaid,was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): April 4,2013 COPY OF NOTICE OF PUBLICATION NOTICE OF SFERIFF'S SALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NO.12-2974 CIVIL TERM Affiant further deposes that he/she is not BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME interested in the subject matter of the LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP Vs. aforesaid notice or advertisement,and that REBECCA E.AIKEY,IN HER CAPACITY AS ADMINISTRATRIX AND HEIR all allegations in the foregoing statement as AIKEYEIN ESTATE OF LISA J.AIKEY AIK/A LISA J.GOSS,HIS CAPACITY R OF ESTATE E OF MATTHEW SA J.AI EI I 4 UNKNOWN FIRS Y to time,place and character of publication AND ALL PERSONS,FIRMS OR ASSOCIATIONS CLAIMING RIGHT, ae true. ASSIGNS, TITLE OR INTEREST FROM OR UNDER LISA J.AIKEY ORS,MING LISA GOSS,DECEASED J. NOTICE TO:,UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LISA J.AIKEY A/K/A LISA J.GOSS, DECEASED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Being Premis8s:740 STERLING COURT,ENOLA,PA 17025-2655 Being in EAST PENNSBORO TOWNSHIP,County of CUMBERLAND, Commonwealth of Pennsylvania,09-14-0835-082.-U22 residential property. Sworn o and sub cribed before me this Improvements consist of residential property. Sold the property of REBECCA E.AIKEY,IN HER CAPACITY AS /'111-1 ADMIN INISTRATRIX AND HEIR OF THE ESTATE OF LISA J.AIKEY A/K/A LISA J.GOSS,MATTHEW 1.AIKEY,IN HIS CAPACITY AS HEIR OF THE ESTATE OF LISA J.AIKEY A/K/A LISA J.GOSS AND UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LISA J.AIKEY A/K/A LISA J.GOSS,DECEASED Your house(real estate)at 740 STERLING COURT,ENOLA,PA 17025-2655 is scheduled to be sold at the Sheriffs Sale on 09/04/2013 at 10:00 A-2 5 the CUMBERLAND County Courthouse,1 Courthouse Square,Carlisle,PA Notary Public 17013,to enforce the Court Judgment of$159,547.15 obtained by,BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOA SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING NS ,A (the mortgagee),against the above premises. LP )PHELAN HALLINAAJ,LLP 'Attorney for Plaintiff My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27,2014 x C a PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz April 12, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. (,,I,,,Wa Marie Coyne,. itor SWORN TO AND SUBSCRIBED before me this 12 da of f April, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My commission Expires Apr 28,2014 L� A- CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE OF THE ESTATE OF LISA J. AIKEY a/k/a LISA J.GOSS AND UNKNOWN In the Court of Common Pleas of HEIRS, SUCCESSORS, ASSIGNS, Cumberland County,Pennsylvania AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, NO. 12-2974 CIVIL TERM TITLE OR INTEREST FROM OR UN- DER LISA J. AIKEY a/k/a LISA J. BANK OF AMERICA,N.A., GOSS,DECEASED. SUCCESSOR BY MERGER TO Your house (real estate) at 740 BAC HOME LOANS SERVICING, STERLING COURT, ENOLA, PA LP fka COUNTRYWIDE HOME 17025-2655 is scheduled to be sold LOANS SERVICING,LP at the Sheriff's Sale on September 4, vs. 2013 at 10:00 A.M.,at the CUMBER- REBECCA E.AIKEY,IN HER LAND County Courthouse, 1 Court- CAPACITY AS ADMINISTRATRIX house Square, Carlisle, PA 17013, AND HEIR OF THE ESTATE OF to enforce the Court Judgment of LISA J.AIKEY a/k/a LISA J. $159,547.15 obtained by, BANK OF GOSS,MATTHEW I.AIKEY,IN AMERICA, N.A., SUCCESSOR BY HIS CAPACITY AS HEIR OF THE MERGER TO BAC HOME LOANS ESTATE OF LISA J.AIKEY a/k/a SERVICING,LP fka COUNTRYWIDE LISA J. GOSS AND UNKNOWN HOME LOANS SERVICING, LP HEIRS, SUCCESSORS,ASSIGNS, (the mortgagee), against the above AND ALL PERSONS,FIRMS, OR premises. ASSOCIATIONS CLAIMING RIGHT, PHELAN HALLINAN,LLP TITLE OR INTEREST FROM OR Attorneys for Plaintiff UNDER LISA J.AIKEY a/k/a LISA Apr. 12 J. GOSS, DECEASED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR AS- SOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LISA J.AIKEY a/k/a LISA J. GOSS, DECEASED Being Premises: 740 STERLING COURT, ENOLA,PA 17025-2655. Being in EAST PENNSBORO TOWNSHIP, County of CUMBER- LAND,Commonwealth of Pennsylva- nia, 09-14-0835-082.-U22. Improvements consist of residen- tial property. Sold as the property of REBECCA E. AIKEY, IN HER CAPACITY AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF LISA J. AIKEY a/k/a LISA J. GOSS, MATTHEW I. AIKEY, IN HIS CAPACITY AS HEIR 8 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson , Sheriff wtitr atrc�t�Grif4 Jody S Smith Chief Deputy `J`I3 N1-'Y2 2 AM : € Richard W Stewart CUMBE RLAN0 Tv Solicitor OFFICE OF THE SHERIFF PEW S Y LYk N I A Bank of America, N.A. Case Number vs. Rebecca Aikey In her capacity as Administratrix and Heir{et al.} 2412-2974 SHERIFF'S RETURN OF SERVICE 06/28/2013 05:50 PM-Deputy Tim Black, 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 KARL AIKEY, FATHER, who accepted as"Adult Person in Charge"for Rebecca Aikey In her capacity as Administratrix and Heir at 1457 Ryland Drive, Hampden Township, Mechanicsburg, PA 17050, Cumberland County. 06/28/2413 05:54 PM-Deputy Tim Black, 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 KARL AIKEY, FATHER, who accepted as"Adult Person in Charge"for Matthew I Aikey In his Capacity as Heir of The Estate of Lisa J. Aikey aka at 1457 Ryland Drive, Hampden Township, Mechanicsburg, PA 17050, Cumberland County. 06/28/2013 08:33 PM-Deputy Tim Black, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Rebecca Aikey In her capacity as Administratrix and Heir, pursuant to Order of Court by"Posting"the premises located at 740 Sterling Court, East Pennsboro Township, Enola, PA 17025, Cumberland County with a true and correct copy according to law. 46/28/2013 08:33 PM - Deputy Tim Black, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Rebecca Aikey In her capacity as Administratrix and Heir, pursuant to Order of Court by"Posting"the premises located at 740 Sterling Court, East Pennsboro Township, Enola, PA 17025, Cumberland County with a true and correct copy according to law. 09/04/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on September 04, 2013 at 10:00 a.m. He sold the same for the sum of$1.04 to Attorney Joseph Schalk on behalf of Federal Home Loan Mortgage Corporation being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,000.38 SO ANSWERS, ] November 20, 2013 RbNtV R ANDERSON, SHERIFF Q-.Z C-r-, 3z) LL 'Po{, 9-,0 �39'9:1, fc}CountySuPte$henf.Tefeamft,inc. 0* 0149- 541:3 On June 3, 2013 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 740 Sterling Court, Enola, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: June 3, 2013 By: _ r L.�', i Real Estate Coordinator V?,•F 1 l I V LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2012-2974 Civil Term BANK OF AMERICA,N.A. VS. REBECCA AIKEY IN HER CAPACITY AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF LISA J.AIKEY a/k/a LISA J. GOSS, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LISA J.AIKEY a/k/a LISA J. GOSS,DECEASED,MATTHEW I. AIKEY IN HIS CAPACITY AS HEIR OF THE ESTATE OF LISA J. AIKEY a/k/a LISA J. GOSS Atty.: Joseph Schalk By virtue of a Writ of Execution NO. 12-2974 CIVIL TERM, BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP vs. REBECCA E.AIKEY,IN HER CAPAC- ITY AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF LISA J. AIKEY a/k/a LISA J. GOSS MATTHEW I. AIKEY, IN HIS CAPACITY AS HEIR OF THE ESTATE OF LISA J. AIKEY a/k/a LISA J. GOSS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UN- DER LISA J. AIKEY a/k/a LISA J. GOSS,DECEASED,owner(s)ofprop- erty situate in the TOWNSHIP OF PENNSBORO, Cumberland County, Pennsylvania, being 740 STERLING COURT,ENOLA,PA 17025-2655. Parcel No.09-14-0835-082.-U22. Improvements thereon: CONDO- MINIUM. JUDGMENT AMOUNT:$159,547- .15. 21 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 26, August 2 and August 9, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. r sa Marie Coyne, lit SWORN TO AND SUBSCRIBED before me this 9 day of August, 2013 C—e""'� Notar3�' FCARLISLE TARIAL SEAL RAH A COLLINS otary Public UGH,CUMBERLAND C OUNTY on Expire Ax 28 '0? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mortgage Corporation is the grantee the same having been sold to said grantee on the 4th day of September A.D., 2013, under and by virtue of a writ Execution issued on the 11th day of March, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 2974, at the suit of Bank of America N.A. against Rebecca E. Aikey as Administratix & Heir of the Estate of Lisa J. Aikey A/K/A Lisa J. Goss and Matthew 1. Aikey as Heir of the Estate of Lisa J. aikey A/K/A Lisa J. Goss is duly recorded as Instrument Number 201337481. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. c2 0 � A zj � Recorder of Deeds of Cumberland County,Cariisle,PA MY Commission Expires the First Monday of Jan.2014 The Patriot-News Co. » 1900 Patriot Drive t4f a Mechanicsburg, PA 17050 Inquiries - 717-255-8213 Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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 he 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 he 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 ar?d for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below; 07/28/13 08/04/13 08/11/13 r . . . . . . . . . . . . . . SW o to a d subscribed be me this 23 day of August, 2013 A.D. otary Pub C#�MMONWEALTH OF PENNSYLVANIA Notarial Seat holly Lynn Warfel,Notary Public u wasttington Twp.,Dauphin County 1,4y commission Expires Dec,12,2016 n4m.REK PENNSYLVANIA ASSQCIA"rlQN OF N07ARIES 21"2-U74 Chdl Term BANK OF AMm mA,N.A. M . REBECCA-AIKEY IN HER CAPACITY ASADMINISTRATRIX AND HEIR OF THE ESTATE OF USA J.AIKEY,AX/A USA J.GOSS,UNKNOWN HEIRS, .SUCCESSORS,ASSIGNS AND ALL PERSONS,FIRMS OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER USA J.AIKEY A/K/A USA J.GOSS,DECEASED, MATTHEW L AIM IN HIS CAPACITY AS HEIR OF THE ESTATE OF USA J.AIKEY A/K/A USA J.GOSS Atty: Joseph S"k By vatue of a Writ of Execution NO. 12- 2974 CIVIL TERM BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP VS. REBECCA IL AIICEY, IN HER CAhk(TTY AS ADMBAMlA3= AND HEIR OF TM MW OF LISA J. AiKEY AVA UM J.008SS MATTHEW I.AIICEY,IN His C11FAcrTY AS HEIR OF THE ESDKM OF LM J. AD= AIK/A LISA J.00,88 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER USA J. AIKEY A/K/A LISA, J. GOSS, DECEASED owner(s) of property situate e. in the TOWNSHIP OF PENNSBORO, Cumberland Canty,Penhs*ania,being (Municipality) 740-STERLING COURT, ENOLA, FA 17025-2655 Parcel No.09-14-0g—M.U22 (Acreage or street address) Iniprovements thereon:CONDOMINIUM JUDGMENT AMOUNT`.$159,547.15