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HomeMy WebLinkAbout12-3177BANK OF AMERICA, N.A. Plaintiff vs. JOHN TERRY JR. Defendant(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No. . iP Ct 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 von do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet. in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be tiled with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable 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. Respect y srbmitfe'd: (Sign e set for Plaintiff) i 5/17/2012 Date Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE 'ro 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: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different) City: Phone Numbers: Email: # of people in household: How long? Office: Other: Mailing Address;_ City: _ State:,__,__Zip: Phone Numbers: Home: Office: Cell: Other: Email: of people in household: How long? First Mortgage Lender: _ 'T'ype of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: State: Zip: Yes ! J No [J Listing date: Price: $_ Realtor Phone: Yes 17 No State:-. ____-Zip: Home: Cell: Date You Closed Your Loan: Total Mortgage Payments Amount: $ Date of Last Payment: _ Primary Reason for Default: Included Taxes & Insurance: Is the loan in Bankruptcy? Yes P No [? If yes, provide names, location of court, case number & attorney: Assets Rome: Other Real Estate Retirement Funds investments: Checking: Savings: Other: Amount Owed: Value: $ $ Automobil: ril: Model: Amount owed:{ Value: Automobile #2: Model: Amount owed: Value. Other transportation (automobiles, boats, motorcycle_sj: Model: Year Amount owed: _ Value Monthly Income Name of Employers: ,z Year: Year: Additional ?ncome Description (not wages): 1. monthly amount: 2.4 monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE _ AMOUNT ) XI'ENSE _ AMOUNT Mortgage Food - l - 12` Mortgage _ Utilities Car Pa ens Condo/Nei . Fees Auto Insurance Mad. not covered Auto fuel/repairs Other prop payment _ _ Install. Loam Payment j _ Cable TV rChild SuppoNAtim. ( _ Spending Mong L ')ayrlChild Care/Cuit, 1 Other Ex uses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No If yes, please provide the following information: Counseling Agency:.. Counselor: Phone (Office): Fax:- Email: Have you made application 'for Homeowners Emergency Mortgage Assistance Prograin (HEMAP) assistance? Yes ? i o 17, If yes, please indicate the status of the application: Have you had any prior negotiations with your !ender or lender's loan servicing company to resolve your delinquency Yes 1 No ii yes, please indicate the status of those negotiations: 'lease provide the following information, if know„ regarding your lender or lender's loan servicing company: Lender's Contact ('lame): Phone: Servicing Cornpany (Name):_ Contact: Phone: Me ?, authorize the above amed _ to use/refer this information to my lender/servicer for the sole named--- purpose of evaluating my financial situation for possible mortgage options. I/ We understand that Lowe am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signatu re Date Please forward this document along with the following information to lender and lender's counsel: 1 N Proof of income r N Past 2 bank statements r V? Proof of any expected income for the last 45 days Copy of a current utility bill N Letter explaining reason for delinquency and any supporting documentation (hardship letter) N Listing agreement (if property is currently on the market) KML LAW GROUP, P.C. SurrE 5000-BNY MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 BANK OF AMERICA, N.A. c/o 7105 Corporate Drive PTX B-209 Plano, TX 75024 Plaintiff JOHN TERRY JR. COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE vs. Mortgagor(s) and Record Owner(s) 915 Baltimore Pike Gardners, PA 17324 Defendant(s) POKE-! f. " )4?'yr r I V I 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 the 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- claim in the Complaint of 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 OR CANNOT AFFORD ONE, 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dial de plazo al partir de la fecha de la demanda y la notificacion. Hace falta aseentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra Suva sin previo aviso o notificacion. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas ]as provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLE.VE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVCCO. VAYA EN PERSONA O LLAME- POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA CSC AVERIGUAR DONDE SE PUEDE CONSEGUIR,kSISTENCIA LEGAL. C -%I d3.? IV-it St USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE iNFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. RESOURCES AVAILABLE FOR HOMEOWNERS IN FORECLOSURE ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud_aov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http•//wwwphfa.orb/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http://www.philadelphiafed.ory,/foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866413-2311 or via email at homeretentionLa-)kmllawgroup.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 1 I2090FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is BANK OF AMERICA, N.A., c/o '7105 Corporate Drive, PTX B-209 Plano, TX 75024. 2. The name(s) and address(es) of the Defendant(s) is/are JOHN TERRY JR., 915 Baltimore Pike, Gardners. PA 17324, who is/are the mortgagor(s) and record owner(s) of the mortgaged premises hereinafter described. On July 30, 2007 mortgagor(s) made, executed and delivered a mortgage upon the Property hereinafter described to BANK OF AMERICA, N.A., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County on August 03, 2007 as Instrument # 200730582. The Mortgage and Assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(8); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). The mortgage is in default because the monthly payments of principal and interest are due and unpaid for January 01, 2011 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ..................................................................................$132,379.67 Interest from 12/01/2010 through 03/14/2012 at 2.0000% .......................$3,404.61 Per Diem interest rate at 7.23 Late Charges from 01/01/2011 to 03/14/2012 ...............................................$20.51 Escrow Advances ......................................................................................$3,347.75 Fee Due Advances ..................................................................................$16,524.06 Reasonable Attorney's Fee .............................................................._..........$1450.00 $157,126.66 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. Plaintiff reserves the right to request additional attorney's fees if the complexity of the action results in fees in excess of the amount demanded. Further, Plaintiff will request recovery of all costs incurred in this action including, but not limited to, costs of suit, process serving and skip tracing, title searches, recording costs and any other costs of the action in accordance with the mortgage documents and applicable law. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose has been sent to Defendants by certified mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania, on the date set forth in the true and correct copy of such Notice attached and incorporated as Exhibit "B". WHEREFORE,, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of 5157,126.66, together with interest at the rate of 7.23, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Note and Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the for6closure oflthe Mortgage and Sheriff s Sale of the Property. f By: KML LAVrGRO , P.C. MichaelMCK ver Pa. ID 56129 Jay E. Kivitz ID 26769 Lisa Lee Pa. I D 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. ID 205047 rye.-Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Attorneys for Plaintiff VERIFICATION M (?T1 s r?i?n , hereby states that he6 isk ?f0htVic.fV(eJldf4 of Bank of America, N.A., successor by merger to BAC Home Loans Servicing L.P., Plaintiff in this matter, that hel 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 hise knowledge. 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: WA) 5 N e: M y IDMd.r Ehrtno-n Title: ftAro-,Vice Pro, cler& #1 12090FC - JOHN TERRY JR. 915 Baltimore Pike Gardners, PA 17.324 Ey,hibit A EYHi6YY a ALTA Tall C88rL11i tract a£ 166d aiWate iat the sovaehlp of 4aath Middleton, County r_C cumharland and cammouveal%h oY. vanamylwania, being more partl?Iar3.y ooupdod bnd dsmaxibsd u fall-, to sit3 ssalimixno at a steal pin mat in the canterlI of Ppnu/rlvania irafflc haute 94 ll,..a. I42), raid pin marking the cab point of adjPimsr of Iota •1 4114 N2 on the nmrm}rarter mm.tivand plea .1%b the =mwlmellM of .-Ad t w?wy: kbsaos "-taadinq l- and t1uruagk rem caa. tKl{aa of psmmyl imii Ramtm 94, Aartb m-cLasa d q ... fift)-ont wiawba twoey-Live aememds Rweat (H 14" 11. 23" P), for w diatanw of ons hitadred ai.ty-five cad aiyetr-•ar+a bmAradtbo teat (Itg_27) to k .tool pAm at Lot ,43; tbem.e departiaq ga^ the CaM) )Am of Penm.yl-Wamie R"wte 94, AFA oackeadinp -1-9 lot 43, berth fifty-pir dmyrae¦ fratryix btnatee thlttr eaaw+de aamt (w n' 44? 10- 1), tbxoagh a steal, p.1H eat on the sasteLsMaot dadioatad riot-of-W" linty of r.nio"lvania Hoots 94 A distawas of Whim, 4a4 ALghty-three huadre+dtbs' feet (3D; e9';) fran the exigin o[ tbU call, for a total dlataoaa of throe hundred t?MSAT-SYO twmAty-atom hundrsOUn tort [322.29•) to a stool, pit at tot f4; tbw=m Xtft4A^5 &Ijmg Lot d4, santb mix dograma mix wiautom fave omvanda East {8 5. 6. 5^ s) £or a d1&taQ48 a2 tV4 hWMQZ" xarrY--- and miztT-Wight handradthm feet (29e.5a•t to a .steal pin at Lot tl; tbrnc• ov*Ababq along Lot 41, Sou" aaventy-three $agtesa eight sinmtas thirty-r1w seoomdm s..t jp 73- S' 35• x), tbraggb a at-1 pin sat oq tee ealtR rmwt dadigatad right-af-war liaa of Fe0e03Il7ania hmt* 04, • &Atenor of thlriX mjA a4 b4tb0.reakha feet (as.6e•) frame tho teerdms of tblm ca11, for a fatal diat.U6l0 6f two b*Mfte4 mlaty-sov.q mad ainmty haitdrsdtha feet [357.9011 ea a mtool. pin _t the rmpkrtli.+ at vownayly Dim Hoot. 94, said pin wmrkiaq tho plan. of RsWtalRnsa- CuffrAUrim 1,219 acies t4 UA d.dlamtrd right-o£-vay line and 1.399 core- to the centerlim of the ramp my, mid haittq dasionated as Lot f2 on a final plan 4r. s<+i.nw mdadl)rision proper" for 1Clwiba, Ina by Hudney iaa Dmakmr ? AmaoeiAtad, dated odtlber 29, 1986, and 1Meor4ed s a tto orrice of tom Record.. of Dead. In and for cux* rr)ard CoW0.tT, .Psgmmylvenia, in Plan Hook $2, at page 20. HEiae T= sam pp=QM wMch Rock T.- aoffsan, xaaard owner " iohp. K. Tex.", Yr ggRity 0., by hoed bemrig datr the mdt day of Angeat. I9S3, and recorded in tbo offJna Or the PAVQEdar of POP" flak CeMbmrlaod County, Panoglvania, on the 11L4 d= i.ga.t, 1493. 1. Dowd sook T--:M. Page 661. Created cad ea.eey d unto Soh. W. '2rir'ry. 3r_ and Toren S. Hoome, 69oKl33 m 332 Exhibit (B *Exhibit has been redacted to remove all personally identifiable information or non-public information ACT LETTER REVIEW Atty File #: 112090FC Client: BANK OF AMERICA, N.A. Defendant: JO1 IN TERRY JR_ Property Address: 915 Baltimore Pike Gardners, PA 17324 I have reviewed the Act Letters that were prepared on April 02, 2011 By: G Mic Krishna kurtha David Fein Thomas Puleo Jill Jenkins ttorneys for Plaintiff letters to be mailed to these addresses: JOHN "TERRY JR. 915 Baltimore Pike Gardners, PA 17324 RETURN TOA u v1! __ REINSTATEMENT CALCULATION Page 2 of 3 This Reinstatement Calculation is Only Good Throug 03/14/2012 Customer: John Terryjr Loan Number: 872550083 Date/Time Created : 02/29/2012 15:30 Payments`: $9,734.89 ii 1 Monthly Payments @ Z $641.4:1 _ 10 Monthly Payments @ I $641.47 !j A Monthly Payments @ $669.68 'F'or certain loan types, monthly payments in default will be calculat ed based on the "Minimum Payment" due, as defined in your loan d ocuments. Accrued Late Charges: $.00 Uncollected Late Charges: $82.04 Escrow Deficiency: $•00 Property Inspection Fees: $150.00 Property Preservation Fees: $.00 Foreclosure Attorneyffrustee Fees: $.00 Foreclosure Expenses: $•00 Bankruptcy Attorneys' Fees: $.00 Bankruptcy Expenses: $.00 Other/Miscellaneous Fees: $.00 Sub-Total: $9,966.93 Suspense/Partial Payment: $.00 *Total Due: '$9,966.93 Fees Waived in FULL Reinstatement: I itle Fees: $.00 Foreclosure Attorney/Trustee Fees: $.00 Total Fees Waived: $.00 *Net Total Due: $9,966.93 'The Net Total Due reflects the waiver of Foreclosure AttomeylTrustee Fees and/or Title fees (included within Foreclosure Expenses) incurred in processing the foreclosure. This waiver is to assist you in bringing your loan current and is available if you pay the full Net Total Due. However, if you only pay a portion of the Net Total Due or require other assistance in bringing your loan current, these fees will not be waived. You then will be required to pay the Total Due. THIS AMOUNT MUST BE PAID WITH CERTIFIED FUNDS OR MONEY ORDER Escrow Disclaimer Please note: Even if you reinstate this loan in accordance with this reinstatement quote, the escrow account balance may still be short of what we require. Following reinstatement, an escrow analysis will be performed on the account and, if any escrow shortage exists, the regular monthly payments will be increased to eliminate this shortage. *(See following page for important information.) BAC HOME LOANS SERVICING LP 7105 Corporate Drive, PTX B-35 Plano, TX 75024-3632 Phone Number. 800-669-6650 Fax Number.- 1-817-230-6811 Contact: Loss Mitigation Department Email: PHFA.Program(cDbankofamerica.com 04/04/2012 PROPERTY., 915 Baltimore Pike, Gardners, 17324 LOAN NO.: X083 MORTGAGEE. BANK OF AMERICA, N.A. CURRENT LENDER/SERVICER: BANK OF AMERICA, N.A. TO_ JOHN TERRY JR. 915 Baltimore Pike Gardners, PA 17324 WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF INTENTION TO FORECLOSE MORTGAGE under Section 403 of Penna. Act No. 6 of 1974 (READ ALL PAGES OF THIS NOTICE CAREFULLY) The MORTGAGE held by the above named CURRENT LENDER/SERVICER (hereinafter referred to as we, us, or ours) is the holder of the first mortgage on your property described above. The mortgage is in SERIOUS DEFAULT because you have not made the monthly payments as noted below under (a) and/or because you have failed to comply with or perform the other provisions of the mortgage obligation, if any, as; noted below under (d). Previous late charges under (b) and other charges, if any under (c) noted below, have also accrued to this date. THE TOTAL AMOUNT NOW REQUIRED TO CURE THIS DEFAULT, OR IN OTHER WORDS, GET CAUGHT UP IN YOUR PAYMENTS AS OF THE DATE OF THIS LETTER, is NOTED BELOW UNDER (e). (a) Monthly payment from 01/01/2011 thru 0410412012 (11 mos. at $641.471month) $7,056.17 (5 mos, at $669.681month) $3,348.40 (b) Uncollected Late charges from 01/01/2011 thru 0410412012: $82.04 (c) Additional Charges Property Inspection Fees. $150.00 (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $10,636.61 You may cure this default within THIRTY (30) DA YS of this letter by paying to us the amount under (e) above, plus any additional monthly payments and late charges (and other charges) WHICH MAY FALL DUE DURING THIS PERIOD. Such payment must be made either by CASH, CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER made payable to. BAC HOME LOANS SERVICING LP Attention: Act Letter Department BAC HOME LOANS SERVICING LP cyo KML Law Group, P. C. 701 Market Street, Suite 5000, Philadelphia, PA 19106 HomeRetention@ kmilawgrouA. com (866-413-2311) If you do not cure the default with THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately, and you may lose the chance to pay off the original mortgage in rnonthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foredosed, your mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attomey's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorneys fees. Also, we may sue you personally for the unpaid principal balance, and at/ other sums due under the mortgage. If you have not cured the default within the thirty day period, and foreclosure proceedings have begun, you will still have the right to cure the default and prevent the sale at anytime up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late charges, charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such Sheriffs Sale could be held would be approximately THREE (3) MONTHS FROM THE DATE OF THIS LETTER. A notice of the date of Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number. 1-800-669-6650. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs Sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL. THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT, OR BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES, AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO, OR AT THE SALE AND THAT OT HER REQUIREMENTS UNDER THE MORTGAGE ARE SA TISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST) YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTYACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Contact Loss Mitigation Department Phone Number. 1-800-669-6650 Email: PHFA.ProgramcDbankofamerica.com CERTIFIED MAIL - RETURN RECEIPT REQUESTED Prepared by, KML Law Group, P.C- Sude 5000 -- BNY Independence Center 70f Market Street Philadelphia, PA 19106-1532 Fax (215) 627-7734 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff „ r Jody S Smith Chief Deputy 30 8' Richard W Stewart ! Solicitor + $ ??i?a Bank of America, NA Case Number vs. 2012-3177 John Terry, Jr. SHERIFF'S RETURN OF SERVICE 05/22/2012 07:01 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 22 2012 at, 1901 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: John Terry, Jr., by making known unto himself personally, at 915 Baltimore Pike, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to her personally the said true and correct copy of the same. S TSHALL, EPUTY SHERIFF COST: $31.50 May 25, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF Bank of America, N.A. Plaintiff V. John Terry Jr., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2012-3177 CIVIL ACTION- MORTGAGE F REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012, governing the t-D Cumberland County Residential Mortgage Foreclosure Diversions program, the undersigned hereby certifies as follows: 1. Defendant is owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 1.8 Pa.C.S. §4904 relating 1 unsworn falsification to authorities. 'S? at? Defendant's Counsel/Appointed Legal a resentative ??z , . Zz??_ zn- gnature of Defend 7-/?-? Date Date -o c ..,. I,Og R x ca -_; C71 f Bank of America, N.A. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : Docket No. 2012-3177 John Terry Jr., Defendant : CIVIL ACTION- MORTGAGE FORECLO CERTIFICATE OF SERVICE I, Amy Hirakis, Esquire, of MidPenn Legal Services, attorney for the Defendant, John Terry Jr., hereby certify that I am serving a copy of the Praecipe for Entry of Appearance and Request for Conciliation Conference on the Plaintiff, through their attorney, on the following date and in the manner indicated below: U.S. First Class Mail Postage Pre-Paid Jill Jenkins, Esquire 701 Market Street BNY Mellon Independence Center- Suite 5000 Philadelphia, PA 19106 LEGAL.SERVICES DATE: -a ?j-1 aC Attornr Defendant Supre Ct. ID # 310094 401 E. Louther Street, Ste 103 Carlisle, PA 17013 (717)243-9400 Bank of America, N.A. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLV. V. : Docket No. 2012-3177 John Terry Jr., Defendant : CIVIL ACTION- MORTGAGE FORECL( PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of MidPenn Legal Services on behalf of the Defendant, J Terry Jr., in the above matter, representing the Defendant in the Cumberland County Resi Mortgage Foreclosure Diversion Program. Respectfully Submitted, MIDPENN LEGAL SERVICES DATE: Attom y r Defendant Supre Ct. ID # 310094 401 E. Louther Street, Ste 103 Carlisle, PA 17013 (717)243-9400 31 r*nt" C" r-? cz:t r-? N W --a ? D 1 ' Bank of America, N.A. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Docket No. 2012-3177 John Terry Jr., Defendant : CIVIL ACTION- MORTGAGE FORECLOSURE CASE MANAGE WW DER AND NOW, this e27-4day of rk- , 2012, the defendant/borrower in the above- captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised te. conciliation Conference on ?? 020 at P oZ ; 3d in i q % ildat 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 t "Cumberland County Residential Mortgage Foreclosure Diversion Program Financ 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 Conciliatia 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 and may be extended. Upon notice the Court of the defendant/borrower's failure to serve the completed Form 2 with time frame set forth herein or such other date as agreed upon by the parties in writ or ordered by the Court, the case shall be removed from the Conciliation Conferei 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 plaintif %letider must either attend the Conciliation Conference in person or be available by telephone durinj the course of the Conciliation Conference. The representative of the plaintiff/lender must discuss resolution proposals with the authorized reoresentativ, in advance of the Conciliation Conference. If the duly authorized representative of plaintiff/lender is not available by telephone during the Conciliation Conference, tt court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the reschedule( Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discus and explore all available resolution options which shall include: (`bringing 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 iii exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. t ? Amy Hiralds, Esquire MidPenn Legal Services 401 E. Louther Street, Ste 103 Carlisle, PA 17013 For the Defendant ?Jill Jenkins, Esquire 701 Market Street BNY Mellon Independence Center- Suite 5000 Philadelphia, PA 10106 For the Plaintiff n c -v go M r- E C, =a -t e F N ?+J sa c? Cn --a a° - C) C )? 4,e5 #ta"14 BY THE COURT, BANK OF AMERICA, N.A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW `c.°~_ ~_ ' NO. 12-3 l 77 -e' ^' - -~ -~.. JOHN TERRY, JR., ~~ a ~r~ Defendant ~ r ~ --+ IN RE: CONCILIATION CONFERENCE ~~ -'o -`'~~' Q "+'1 .~' r.. ~ ,~.._._. ORDER ;a ~ --~. .,t ~ ~:~ AND NOW, this / ~ day of November, 2012, the conciliation conference set for November 1, 2012, is continued to Friday, November 30, 2012, at 10:30 a.m., in Chambers of the undersigned. "Che defendant shall submit the requested information and documentation no later than November 9, 2012. BY T'HE COURT, ~~ ~~/~ Kevin .Hess, P..1. Jill Jenkins,, Esquire David Fein. Esquire For the Plaintiff Jaime Halew~, Esquire For the Defendant ~Ma`l ed C~~ a ~, ~~ J~~ :rlm BANK OF AMERICA, N.A., Plaintiff vs. JOHN TERRY, JR., Defendant IN THE COURT OF COMMON PLEAS OF ~ , CUMBERLAND COUNTY, PENNSYLVAN IQ~cc~i - _ :_~ ~~ ~. rn ~ ~ o ~ r-- ~r~ CNIL ACTION -LAW v~ r ca a . ~ c NO. 12-3177 ~ ~ ~ ~~;, ~. c- ~ ~~ ~- _ IN RE: CONCILIATION CONFERENCE .- ,' - -- MEMORANDUM AND ORDER Present at a conciliation conference held November 30, 2012, were Jill Jenkins, Esquire, attorney for the plaintiff; Jaime Haley, Esquire, attorney for the defendant; and John Terry, Jr. It appears that certain documents continue to be outstanding in this case. In addition, it may be that the underlying obligation cannot be restructured in a way which will prevent foreclosure. In any event, the parties have agreed to one ftnal conciliation conference in this matter. It is expected that this would be the last attempt to deal with this matter through conciliation. ORDER AND NOW, this 3 ~ day of November, 2013, continued conciliation is set for Wednesday, January 9, 2013, at 1:15 p.m. in Chambers of the undersigned. BY THE COURT, /~- Kevin A~X~ess, P. J. / Jill Jenkins, Esquire For the Plaintiff ./Jaime Haley, Esquire For the Defendant :rlm ~o i~_ ~~ / ! ~o~~ ~. KML Law Group,P.C. BY: JILL P.JENKINS,ESQUIRE ATTORNEY FOR PLAINTIFF Attorney I.D.#306588 Suite 5000—BNY Independence Center 701 Market Street Philadelphia,PA 19106-1532 (215) 627-1322 BANK OF AMERICA,N.A. _ �- 7105 Corporate Drive PTX B-209 IN THE COURT OF COMMONAS` Plano, TX 75024 -11 c ; vs. OF Cumberland COUNTY a' Cr) JOHN TERRY JR. "' Mortgagor(s)and Record Owner(s) Term ' 915 Baltimore Pike No. 12-3177 u? Gardners,PA 17324 PLAINTIFF'S MOTION TO LIFT STAY 1. Plaintiff initiated this action by filing a complaint against Defendant John Terry,Jr.,on May 21,2012. 2. After service of the complaint, Defendant elected to opt-in to the Cumberland County Residential Mortgage Foreclosure Diversion Program. 3. Conciliatory conferences were held on September 19, 2012,November 30, 2012, and January 9, 2013 and it was ordered that Defendant submit requested documentation to Plaintiff within ten(10) days of January 10, 2013. In the event of Defendant's noncompliance, Plaintiff was authorized by the Court to submit a motion to remove the • matter from conciliation. 4. An order was entered, which stated that, in the event of Defendant's noncompliance, Plaintiff is authorized by the Court to submit a motion to remove the matter from conciliation. 5. To date, Plaintiff has not received a full and complete financial package to complete a review for any possible loss mitigation options for Defendant. 6. Moreover, after a preliminary review of the partial financial package submitted by Defendant,Plaintiff asserts that Defendant does not have sufficient income to afford the loan which is at issue in this action in mortgage foreclosure. 7. Defendant has defaulted on the terms of the agreement made at the conciliatory conference on January 9, 2013 by not providing a full and complete financial package for review. 8. Therefore,pursuant to the Order entered following the conciliatory conference on January 9, 2013, Plaintiff respectfully requests that this honorable Court grant Plaintiff's Motion seeking to lift the stay of proceedings imposed by the conciliation program, and proceed with this action in accordance with the applicable rules of court. A copy of the order is attached as Exhibit A. Respectfully submitted, KML Law G ow, P C. l Jill P. Jenkins,Esquire Attorney for Plaintiff KML Law Group,P.C. BY: JILL P. JENKINS,ESQUIRE ATTORNEY FOR PLAINTIFF Attorney I.D.#306588 Suite 5000—BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 (215) 627-1322 BANK OF AMERICA,N.A. 7105 Corporate Drive IN THE COURT OF COMMON PLEAS PTX B-209 Plano,TX 75024 OF Cumberland COUNTY vs. Term JOHN TERRY JR. Mortgagor(s)and Record No. 12-3177 Owner(s) 915 Baltimore Pike Gardners,PA 17324 PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION TO LIFT STAY Plaintiff initiated this action by filing a complaint against Defendant John Terry, Jr., on May 21, 2012. After service of the complaint,Defendant elected to opt-in to the Cumberland County Residential Mortgage Foreclosure Diversion Program. Conciliatory conferences were held on September 19,2012,November 30, 2012,and January 9, 2013 and it was ordered that Defendant submit requested documentation to Plaintiff within ten (10)days of January 10, 2013. In the event of Defendant's noncompliance, Plaintiff was authorized by the Court to submit a motion to remove the matter from conciliation. An order was entered,which stated that, in the event of Defendant's noncompliance,Plaintiff is authorized by the Court to submit a motion to remove the matter from conciliation. To date,Plaintiff has not received a full and complete financial package to complete a review for any possible loss mitigation options for Defendant. Moreover, after a preliminary review of the partial financial package submitted by Defendant,Plaintiff asserts that Defendant does not have sufficient income to afford the loan which is at issue in this action in mortgage foreclosure. Defendant has defaulted on the terms of the agreement made at the conciliatory conference on January 9, 2013 by not providing a full and complete financial package for review. Therefore,pursuant to the Order entered following the conciliatory conference on January 9, 2013,Plaintiff respectfully requests that this honorable Court grant Plaintiff's Motion seeking to lift the stay of proceedings imposed by the conciliation program, and proceed with this action in accordance with the applicable rules of court. A copy of the order is attached as Exhibit A. Respectfully submitted, KML Law Group P C. 1 III , Jill P. Jenkins, .''quire Attorney for Plaintiff _ r a .. 0 a SHE • BANK OF AMERICA,N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY,PENNSYLVANIA vs. : CIVIL ACTION—LAW : NO. 12-3177 JOHN TERRY,JR., Defendant • IN RE: CONCILIATION CONFERENCE • ORDER AND NOW,this /0 day of January,2013,following conciliation conference,it is ordered and directed that the defendant submit certain requested information and/or documentation to the plaintiff within ten(10)days_ In the event that the defendant complies,the matter can be relisted for further conference by either party. In the event of non-compliance,the plaintiff is authorized to submit a motion removing this matter from the conciliation program. BY THE COURT, • t Kevin . ess,P.J. c Nathan Wolf,Esquire rrri r"r- For the Plaintiff zr�- - � -tom o r•' -•+° Mime Haley,Esquire = a om, For the Defendant czt an r :rim "' w VERIFICATION ci 131\45C0-1, 52— hereby states thatOshe is the vece Pies tde4T of BANK OF AMERICA,NA.,Plaintiff in this matter,and that all of the facts set forth in the attached Plaintiff's Motion to Lift Stay are true and correct to the best of( her information and belief. Thundersigned understands that-statements herein-are-made-subject-to-the-penalties-of 18 Pa.C.S.A. §4904. / h\V, c 4( OP 411/3 4 ed Name: • 06:5(4 112 Tr2- Title: /KS kW vile_ Pros(4e,fr BANK OF AMERICA,N.A. LT/#112090FC • KML Law Group, P.C. ATTORNEY FOR PLAINTIFF Suite 5000—BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 (215) 627-1322 BANK OF AMERICA,N.A. 7105 Corporate Drive IN THE COURT OF COMMON PLEAS PTX B-209 Plano,TX 75024 OF Cumberland COUNTY vs. Term JOHN TERRY JR. Mortgagor(s)and Record No. 12-3177 Owner(s) 915 Baltimore Pike Gardners,PA 17324 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Motion was sent by first class mail,postage pre-paid, upon the following on the date listed below: MIDPENN LEGAL SERVICES Jaime Haley Esq. 401 E. Louther Street, Suite 103 Carlisle, PA 17013 KML Law Group, P.C. Date: _ _ . '_ �1 Jac amies� Litigation Paralegal TEL: 215-825-6336 FAX: 215-825-6436 EMAIL: jjamieson @kmllawgroup.com BANK OF AMERICA,N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA vs. CIVIL ACTION-LAW : NO. 12-3177 JOHN TERRY, JR., . Defendant .• IN RE: PETITION TO LIFT THE STAY ORDER AND NOW,this is day of November,2013,a rule is issued on the defendant to show cause why the relief requested in the within Petition to Lift the Stay ought not to be granted. This rule returnable ten (10)days after service. BY THE COURT, --1 Af/eL Key' A. Hess, P. J. ✓ Jenkins,ill P. Es quire q For the Plaintiff ✓ Jaime Haley, Esquire For the Defendant :rlm C-711e5 M.O.-11Ect_ ‹..:- // /SA 2 ...„, ,.., ...,..:_ —, rn _. . 1 r . .,'<C -11) 'c--3 = 7 m- c`=a 5 �'_ Bank of America : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA �f72 , tri_... • v. : Docket No. 12-3177 �' , -- ?t John Terry, Jr. c Defendant : CIVIL ACTION- > : MORTGAGE FORECLOSURE< — DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION TO LIFT THE STAY AND NOW, comes the Defendant, John Terry,Jr.,by and through his attorney, Jaime M. Haley, Esq.,and MidPenn Legal Services,and files this Answer to Plaintiff's Motion to Lift the Stay as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Defendant has made a good faith effort to comply with Plaintiff's requests for additional documentation. 6. Denied. Defendant submitted documents in January 2013, and defendant submitted additional documents in March 2013. On May 9, 2013, Plaintiff again requested updated documents because the documents submitted in January had become stale. Defendant's. updated modification packet was submitted via e-mail on May 20, 2013. 7. Denied. Defendant has made a good faith effort to comply with Plaintiff's requests for additional documentation. Defendant is currently employed and requests the opportunity to be considered for a loan modification based on his current financial circumstances. 8. Denied. Defendant respectfully requests that this Honorable Court deny Plaintiff's Motion to Lift the Stay and that this Honorable Court schedule a conciliation conference for a date and time as soon as is convenient to the Court's schedule. Dated: (1 (a 12©( j Respectfully submitted, Jaime M. Haley, Esquire Attorney for the Defendant MidPenn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 ext. 2513 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of perjury of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: ////// oJ3 f John Terry, Jr., Defendant Bank of America : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA • • • v. : Docket No. 12-3177 John Terry, Jr. • Defendant : CIVIL ACTION- : MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the foregoing Defendant's Answer to Plaintiff's Motion to Lift the Stay was served this day by U.S. First Class Mail,postage prepaid, upon the following: Jill P.Jenkins,Esq. KML Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106-1532 Date: (ZotS Or .9.� -�(44: Jaime M. Haley, Esquire Attorney for the Defendant MidPenn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 ext. 2513 3 01 11 Ifft.. ROTHONO i {i KML Law Group,P.C. BY: JILL P. JENKINS,ESQUIRE i 3 NOV 19 AN 10: 5 1 ATTORNEY FOR PLAINTIFF Attorney I.D. #306588 ft� iR A COUNTY Suite 5000-BNY Independence Ceh S Y LVA N I A 701 Market Street Philadelphia,PA 191064532 215-627-1322 BANK OF AMERICA,N.A. 7105 Corporate Drive IN THE COURT OF COMMON PLEAS PTX B-209 Plano,TX 75024 OF Cumberland COUNTY vs. JOHN TERRY JR. No. 12-3177 Mortgagor and Record Owner 915 Baltimore Pike Gardners,PA 17324 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. State matter to be argued(i.e.,plaintiff's motion for new trial,defendant's demurrer to complaint,etc.): Plaintiff's Motion to Lift Stay 2. Identify counsel who will argue cases: (a) for plaintiff: Nathan Wolf,Esquire, 10 West High Street,Carlisle,PA 17013 (Name and Address) (b) for defendant: Jaime Haley,Esquire 401 E.Louther Street, Suite 103,Carlisle,PA 17013 (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: l Signature ` rj4 ' Date: t,1, Jill P.Jenkins,Esquire Print your name w-,32.Iq. 7six/ a . or 11- 7's'att KML LAW GROUP,P.C. 1 E; �?'; r: Suite 5000-BNY Mellon Independence Center , 1q,0 701 Market Street Philadelphia,PA 19106-1532 ;€J i' " @3 ,' 215-825-6340 PEP' j �! Attorney for Plaintiff BANK OF AMERICA,N.A. IN THE COURT OF COMMON PLEAS 7105 Corporate Drive PTX B-209 of Cumberland County Plano,TX 75024 Plaintiff vs. No. 12-3177 JOHN TERRY JR. 915 Baltimore Pike Gardners,PA 17324 Defendant(s) AFFIDAVIT OF SERVICE I hereby certify that the Rule Returnable dated November 15, 2013 relative to Plaintiff's Motion to Lift Stay in the above captioned matter was served pursuant to Rule 440 by first class mail on the following parties on the date listed below: Jaime Haley Esq. 401 E.Louther Street,Suite 103 Carlisle,PA 17013 I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsifications to authorities. KML Law Group, P.C. Date: 11/20/2013 M I I-.-- "'a%10 ��Vz LA OU , P.C. Jaclyn Jamieson Litigation Paralegal Phone: 215-825-6336 Fax: 215-627-7734 Email: jamieson @kmllawgroup.com BANK OF AMERICA,N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA VS. CIVIL ACTION—LAW NO. 12-3177 JOHN TERRY,JR., Defendant IN RE: PETITION TO LIFT THE STAY ORDER AND NOW,this day of November,2013,a rule is issued on the defendant to show cause why the relief requested in the within Petition to Lift the Stay ought not to be granted. This rule returnable ten(10)days after service. BY THE COURT, —Ax, ,4/c v/—, Hess, P. J. Jill P. Jenkins, Esquire For the Plaintiff Jaime Haley, Esquire For the Defendant :rlm l f`J �. 7 C.) rT1 --Gr C.11 CD C:;- v ��, KML Law Group, P.C. BY: JILL P. JENKINS, ESQUIRE Attorney I.D. #306588 Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, N.A. 7105 Corporate Drive PTX B-209 Plano, TX 75024 VS. JOHN TERRY JR. Mortgagor(s) and Record Owner(s) 915 Baltimore Pike Gardners, PA 17324 IN THE COURT OF COMMON PLEAS.-1 cr..,..._ OF Cumberland COUNTY -35 C.) ' 0 -4 ,-- --f-1 Term .c.)--' ' No. 12-3177 37 7:- (ji -(1 PLAINTIFF'S MOTION TO SCHEDULE CONCILIATION CONFERENCE 1. Plaintiff initiated this action by filing a complaint against Defendant John Terry, Jr., on May 21, 2012. 2. After service of the complaint, Defendant elected to opt-in to the Cumberland County Residential Mortgage Foreclosure Diversion Program. 3 Conciliatory conferences were held on September 19, 2012, November 30, 2012, and January 9, 2013 and it was ordered that Defendant submit requested documentation to Plaintiff within ten (10) days of January 10, 2013, 4. An order was entered, which stated that, in the event of Defendant's noncompliance, Plaintiff is authorized by the Court to submit a motion to remove the matter from conciliation. 5. After close to one year, Plaintiff finally received a financial package which is currently under review for possible loss mitigation options for Defendant. Therefore, Plaintiff requests that this matter be re-listed for a conciliation conference in front of Judge Kevin Hess, so that all parties may be brought up to date and given an updated status. 6. Moreover, after a preliminary review of the partial financial package submitted by Defendant, Plaintiff asserts that Defendant does not have sufficient income to afford the loan which is at issue in this action in mortgage foreclosure. 7. Defendant has defaulted on the terms of the agreement made at the conciliatory conference on January 9, 2013 by not providing a full and complete financial package for review for an exorbitant amount of time. 8. Therefore, pursuant to the Order entered following the conciliatory conference on January 9, 2013, Plaintiff respectfully requests that this honorable Court grant Plaintiff's Motion seeking to have the Court schedule a new conciliation conference. A true and correct copy of the order is attached hereto as Exhibit A. 9. Defendant's counsel has been contacted regarding Plaintiffs request and Defendant consents to the scheduling of a new conference. Respectfully submitted, KML Law G up, P.C. Jill P. etikins, Attorney for Plaintiff ICML Law Group, P.C. BY: JILL P. JENKINS, ESQUIRE Attorney I.D. #306588 Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, N.A. 7105 Corporate Drive PTX B-209 Plano, TX 75024 VS. JOHN TERRY JR. Mortgagor(s) and Record Owner(s) 915 Baltimore Pike Gardners, PA 17324 COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 12-3177 PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION TO SCHEDULE CONCILIATION CONFERENCE Plaintiff initiated this action by filing a complaint against Defendant John Terry, Jr., on May 21, 2012. After service of the complaint, Defendant elected to opt-in to the Cumberland County Residential Mortgage Foreclosure Diversion Program. Conciliatory conferences were held on September 19, 2012, November 30, 2012, and January 9, 2013 and it was ordered that Defendant submit requested documentation to Plaintiff within ten (10) days of January 10, 2013. An, order was entered, which stated that, in the event of Defendant's noncompliance, Plaintiff is authorized by the Court to submit a motion to remove the matter from conciliation. After close to one year, Plaintiff finally received a financial package which is currently under review for possible loss mitigation options for Defendant. Therefore, Plaintiff requests that this matter be re-listed for a conciliation conference in front of Judge Kevin Hess, so that all parties may be brought up to date and given an updated status. Moreover, after a preliminary review of the partial financial package submitted by Defendant, Plaintiff asserts that Defendant does not have sufficient income to afford the loan which is at issue in this action in mortgage foreclosure. Defendant has defaulted on the terms of the agreement made at the conciliatory conference on January 9, 2013 by not providing a full and complete financial package for review for an exorbitant amount of time. Therefore, pursuant to the Order entered following the conciliatory conference on January 9, 2013, Plaintiff respectfully requests that this honorable Court grant Plaintiffs Motion seeking to have the Court schedule a new conciliation conference. A true and correct copy of the order is attached hereto as Exhibit A. Defendant's counsel has been contacted regarding Plaintiffs request and Defendant consents to the scheduling of a new conference. Respectfully submitted, Jill P. nkins, E qu re Attorney for Plaintiff KML Law Group, P.C. Jill P. Jenkins, Esquire Attorney I.D. #306588 Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106 -1532 215- 627 -1322 BY: Kristina G. Murtha, Esq. Attorney for Plaintiff BANK OF AMERICA, N.A. 7105 Corporate Drive PTX B -209 Plano, TX 75024 vs. JOHN TERRY JR. 915 Baltimore Pike Gardners, PA 17324 Plaintiff Defendant(s) VERIFICATION IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 12 -3 177 Jill P. Jenkins, Esquire, hereby states that she is the attorney for Plaintiff herein, and that all of the facts set forth within the attached Motion to Schedule Conciliation Conference are true and correct to the best of her knowledge, information and belief. The undersigned understands that the foregoing statements are ade subject to the penalties of 18 Pa.C.S.A. § 4904. KML La r' coup By: Jill P. Jenkins, squire Attorney for Plaintiff BANK OF AMERICA, N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION —LAW : NO.12 -3177 JOHN TERRY, JR., . Defendant IN RE: CONCILIATION CONFERENCE - ORDER AND NOW, this 10 day of January, 2013, following conciliation conference, it is ordered and directed that the defendant submit certain requested information and/or documentation to the plaintiff within ten (10) days_ In the event that the defendant complies, the matter can be relisted for further conference by either party. In the event of non - compliance, the plaintiff is authorized to submit a motion removing this matter from the conciliation program. Nathan Wolf, Esquire For the Plaintiff Jaime Haley, Esquire For the Defendant :rlm BY THE COURT, N ^ti KML Law Group, P.C. ATTORNEY FOR PLAINTIFF Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106 -1532 (215) 627 -1322 BANK OF AMERICA, N.A. 7105 Corporate Drive PTX B -209 Plano, TX 75024 vs. JOHN TERRY JR. Mortgagor(s) and Record Owner(s) 915 Baltimore Pike Gardners, PA 17324 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 12 -3177 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Motion to Schedule Conciliation Conference was sent by first class mail, postage pre -paid, upon the following on the date listed below: Date: 4 \ 4 MIDPENN LEGAL SERVICES Jaime Haley Esq. 401 E. Louther Street, Suite 103 Carlisle, PA 17013 KML Law Group, P.C. cl Jamie Litigation Paralegal TEL: 215- 825 -6336 FAX: 215- 825 -6436 EMAIL: jjamieson @kmllawgroup.com IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY BANK OF AMERICA, N.A. 7105 Corporate Drive PTX B -209 Plano, TX 75024 vs. JOHN TERRY JR. Mortgagor(s) and Record Owner(s) 915 Baltimore Pike Gardners, PA 17324 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term m; No. 12-3177 — ---4 "zi;C ..6--- <r) -SP" v' C) 1 - V r..)ri t ORDER AND NOW, this , day of��� , 2014, upon consideration of Plaintiff's Motion to Schedule Conciliation Conference and Defendant's Response thereto, if any, it is hereby ORDERED and DECREED that Plaintiff's Motion is GRANTED, and a new conciliation conference shall be held on Distribution list: / Jill P. Jenkins, Esquire, Suite 5000 ANY Ind: .endence Center, 701 Market Street, P' adelphia, PA 19106 -1532 l IDPENN LEGAL SERVICES, Jaime Haley Esq., 401 E. Louther Street, Suite 103 Carlisle, PA 17013 /6 Aloiy a- i,',36 /o . rn . BY THE COURT: -4/ BANK OF AMERICA, N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION — LAW NO. 12-3177 JOHN TERRY, JR., Defendant ORDER AND NOW, this /04 day of May, 2014, the representative of the plaintiff having indicated that he will notify counsel for the homeowner as to any documents which remain to be submitted within seven (7) days and with the assumption that the bank will thereafter review the matter, continued conciliation conference is set for Friday, June 27, 2014, at 2:45 p.m. in Chambers of the undersigned. BY THE COURT, ✓Nathan Wolf, Esquire For the Plaintiff %Jaime Haley, Esquire For the Defendant :rlm Kevin A ' ess, P. J. --C BANK OF AMERICA, N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. JOHN TERRY, JR., Defendant CIVIL ACTION — LAW NO. 12-3177 ,0 ORDER AND NOW, this its day of July, 2014, after conciliation conference, it appearing that the lender requires authentication of the pay information provided by the homeowner and that same will be forthcoming within seven (7) days, further conciliation conference is set for Friday, August 29, 2014, at 2:45 p.m. in Chambers of the undersigned. athan Wolf, Esquire For the Plaintiff ✓Jaime Haley, Esquire For the Defendant :rim r 7/�,Ay i BY THE COURT, Kevin • . Hess, P. J. BANK OF AMERICA, N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. JOHN TERRY, JR., Defendant CIVIL ACTION — LAW . NO. 12-3177 ORDER AND NOW, this 2 1. day of August, 2014, this case is removed from the Cumberland County Mortgage Foreclosure Diversion Program and the stay entered in this matter is LIFTED. BY THE COURT, "Nathan Wolf, Esquire For the Plaintiff Jaime Haley, Esquire For the Defendant :rlm aopiles 0-F/iy <� =,_ v.. C:i D C CO C.-.! Lr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY r'rr BANK OF AMERICA, N.A. -c/o..7-105Corporateerive _, PTX B-209 Plano, TX 75024 vs. JOHN TERRY JR. (Mortgagor(s) and Record Owner(s)) 915 Baltimore Pike Gardners, PA 17324 'f Plaintiff Defendant(s) No. 12-3177 .57 PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against JOHN TERRY JR. by default for want of an Answer. Assess damages as follows: Debt Interest - 12/01/2010 to 10/27/2014 Total 64,045.77 (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred a t least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 By: LAW GRO Michael McKeever Pa. ID 6129 ^Jay E. Kivitz Pa. ID 26769 _Lisa Lee Pa. ID 78020 _Kristina Murtha Pa. ID 61858 _David Fein Pi. ID 82628 _Thomas Puleo Pa. ID 27615 _Jill P. Jenkins Pa. ID 306588 _Andrew F. Gornall Pa. ID 92382 Salvatore Filippello Pa. ID 313897 _Alyk L. Oflazian Pa. ID 312912 Attorneys for Plaintiff- - AND NOW U �/1 . 7 , 6 /171 , Judgment is entered in favor of BANK OF AMERICA, N.A. and against JOHN TERRY JR. by default for want of ai nswe d dams assessed in th sum of $164,045.77 as per the above certification. n i* 1f&hLl9!b0 ObA 7E600 �c� 3ia7y3 112090 FC THIS LAW FIRM LS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: JOHN TERRY JR. TERRY, JR, JOHN 915 Baltimore Pike Gardners, PA 17324 BANK OF AMERICA, N.A. 7105 Corporate Drive PTX B-209 Plano, TX 75024 Plaintiff vs. JOHN TERRY JR. (Mortgagor(s) and Record Owner(s)) 915 Baltimore Pike Gardners, PA 17324 Defendant(s) TO: JOHN TERRY JR. 915 Baltimore Pike Gardners, PA 17324 DATE OF THIS NOTICE: October 14, 2014 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure No. 12-3177 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 By: KML LAW GRO , P.C. - Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 David Fein Pa. ID 82628 Jill P. Jenkins Pa. ID 306588 Alyk L. Oflazian Pa. ID 312912 /Salvatore Filippello Pa. ID 313897 Jennifer Lynn Frechie Pa ID 316160 215-627-1322 Attorneys for Plaintiff 112090FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: Jaime Haley Esq. M DPENN LEGAL SERVICES 401 E. Louther Street, Suite 103 Carlisle, PA 17013 BANK OF AMERICA, N.A. 7105 Corporate Drive PTX B-209 Plano, TX 75024 Plaintiff vs. JOHN TERRY JR. (Mortgagor(s) and Record Owner(s)) 915 Baltimore Pike Gardners, PA 17324 Defendant(s) TO: Jaime Haley Esq. 401 E. Louther Street, Suite 103 Carlisle, PA 17013 DATE OF THIS NOTICE: October 14, 2014 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure No. 12-3177 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 By: KML LAW (GROUP, P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 David Fein Pa. ID 82628 Jill P. Jenkins Pa. ID 306588 Alyk L. Oflazian Pa. ID 312912 / Salvatore Filippello Pa. ID 313897 +� Jennifer Lynn Frechie Pa ID 316160 215-627-1322 Attorneys for Plaintiff • KML LAW GROUP, P.C. Suite 5000 — BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff BANK OF AMERICA, N.A. c/o 7105 Corporate Drive PTX B-209 Plano, TX 75024 vs. JOHN TERRY JR. (Mortgagor(s) and Record owner(s)) 915 Baltimore Pike Gardners, PA 17324 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 12-3177 ORDER FOR JUDGMENT Please enter Judgment in favor of BANK OF AMERICA, N.A., and against JOHN TERRY JR. for failure to file an Answer in the above action within (20) days from the date of service of/f�ie C�1�riplaint, in the sum of $164,045.77. By: KML LAW GROUP, Michael McKeever Pa. ID X6129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 _Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Salvatore Filippello Pa. ID 313897 Alyk L. Oflaz an Pa. ID 312912 ��i t ��� ttor y or PI int 31,040 I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is BANK OF AMERICA, N.A. c/o 7105 Corporate Drive PTX B-209 Plano, TX 75024 and that the name(s) and last known address(es) of the Defendant(s) is/are JOHN TERRY JR., c/o Jaime M. Haley/M. • Penn Legal Services 401 E LOUTHER ST STE 103 CARLISLE, PA 17013; By: KML LAW GROUP, Michael McKeever Pa. ID .129 Jay E. Kivitz Pa. ID 26769 _Lisa Lee Pa. ID 78020 _Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 _ -Jill P: Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 _Salvatore Filippello Pa. ID 313897 Alyk L. Oflazian Pa. ID 312912 3_1-161Attoi I s for Plaint; 2 k9 f o ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $132,379.67 Interest from 12/01/2010 through $10,323.78 10/27/2014 Reasonable Attorney's Fee $1,450.00 Late Charges $20.51 Escrow Advances Fee Due Advances AND NOW, this 12-3177/112090FC By: $3,347.75 $16,524.06 $164,045.77 KML LAW GROUP, P.0 r Michael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 _Lisa Lee Pa. ID 78020 Kristina Murtha Pa ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Salvatore Filippello Pa. ID 313897 Alyk L. Oflazian Pa. ID 312912 innifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff day of Cel , , 2014 damages are assessed as above. 'Pro Prothy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK-OFAMERICA; .N.A. .-- .. Plaintiff vs. JOHN TERRY JR. Defendant(s) NO. 12-3177 VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group, P.C., as the representative for the Plaintiff in the above entitled matter, does hereby state to the best of his/her information and belief, as follows: 2. That an inquiry has been made with the Defense Manpower Data Center ("DMDC") website operated by the United States Department of Defense (https://www.dmdc.osd.mil/appj/scra/scraHome.do) forr the following individual(s): JOHN TERRY JR., has a last known residence of c/o Jaime M. Haley/MidPenn Legal Services, 401 E LOUTHER ST STE 103, CARLISLE, PA 17013. The following information was used to search the DMDC (check all that apply): X Last Name X First Name X Social Security Number 3. The DMDC search results, a copy of which is attached, states that based on the information provided, the DMDC does not possess any information indicating that the individual is on active duty or has been on active duty within the last 367 days. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Date By: KML LAW GROUP, Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay Kivitz Pa. ID 26769 Andrew Gornall Pa. ID 92382 Joshua I. Goldman Pa. ID 205047 Salvatore Filippello Pa. ID 313 897 Jill P. Jenkins Pa. ID 306588 i Alyk L. Oflazian Pa. ID 312912 Jennifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff Department of Defense Manpower Data Center Status Report Pursuant to Servicemembers Civil. Relief Act Last Name: TERRY First Name: JOHN Middle Name: Active Duty Status As Of: Oct -27-2014 Results as of : Oct -27-2014 10:27:13 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Da s of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - - No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based On the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 flifierra- The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. .The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended). (SCRA) (formerly known as_ _ the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(0 for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 7EZ86AFE601 EN00 Department of Defense Manpower Data Center Status Deport Pursuant to Servieernembers Civil Relief Act Last Name: TERRYJR. First Name: JOHN Middle Name: Active Duty Status As Of: Oct -27-2014 Results as of : Oct -27-2014 10:28:28 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No: NA This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date The Member or HislHer Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. 41°Ait Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 • The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The. DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly. known.as_. the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 4EY4PA3E00227C0 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff BANK OF AMERICA, N.A. do 7105 Corporate Drive PTX B-209 Plano, TX 75024 vs. JOHN TERRY JR. Mortgagor(s) and Record Owner(s) 915 Baltimore Pike Gardners, PA 17324 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION — LAW ACTION OF MORTGAGE FORECLOSURE No. 12-3177 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 10/28/2014 to Date of Sale per diem at $7.23 (Costs to be added) a $164,045.77 W GROUP, P.C. chael McKeever Pa. ID 56129 ay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 Jill P. Jenkins Pa. ID 306588 /Jtu 6Attorneys for Plaintiff ss2 i2 n 3/3S%/ -�i S All that certain lot or piece of ground situate in South Middleton Township, County of Cumberland, Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: Beginning at a steel pin set in the centerline of Pennsylvania Traffic Route 94 (L.R. 342), said pin marking the common point of adjoiner of Lots #1 and #2 on the hereinafterimentioned plan with the centerline of said roadway; thence extending in and through the centerline of Pennsylvania Route 94, North 16 degrees 51 minutes 25 seconds West, 165.87 feet to a steel pin at Lot #3, North 59 degrees 46 minutes 30 seconds East, through a steel pin set on the easternmost dedicated right-of-way line of Pennsylvania Route 94 a distance of 30.83 feet from the origin of this call, for a total distance of 32.29 feet to a steel pin at Lot# 4; thence extending along Lot# 4, South 6 degrees 6 minutes 5 seconds Est, for a distance of 244.68 feet to a steel pin at Lot#1; thence extending along Lot#1, South 73 degrees 8 minutes 35 seconds West,'through a steel pin set on the easternmost dedicated right-of-way line of Pennsylvania Route 94, a distance of 30.00 feet from the terminus of this call, for a total distance of 267.90 feet to a steel pin set in the centerline of Pennsylvania Route 94, said pin marking the place if Beginning. Containing 1.219 acres to the dedicated right-of-way line and 1.336 acres to the centerline of the roadway, and being designated as Lot# 2 on a final plan or minor subdivision prepared for Kimba, Inc. by Rodney Lee Decker & Associates, dated October 29, 1986 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 52, at page 20. Being the same premises which is vested in John Terry, Jr. by Deed from Robert E. Shenberger, dated 07/30/2007 and recorded 08/03/2007 in Instrument# 200730581. Property Address: 915 Baltimore Pike, Gardners, PA 17324 Parcel No.: 40-40-2656-001D KML Law Group, P.C. Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff BANK OF AMERICA, N.A. do 7105 Corporate Drive PTX B-209 Plano, TX 75024 VS. JOHN TERRY JR. (Mortgagor(s) and Record Owner(s)) 915 Baltimore Pike Gardners, PA 17324 Plaintiff Defendant(s) U Y NII' IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 12-3177 AFFIDAVIT PURSUANT TO`RULE 3129 BANK OF AMERICA, N.A., Plaintiff in the above action, by counsel, KML Law Group, P.C., sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 915 Baltimore Pike Gardners, PA 17324 1.Name and address of Owner(s) or Reputed Owner(s): JOHN TERRY JR. c/o Jaime M. Haley/MidPenn Legal Services 401 E LOUTHER ST STE 103 CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: JOHN TERRY JR. c/o Jaime M. Haley/MidPenn Legal Services 401 E LOUTHER ST STE 103 CARLISLE, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 PNC BANK, N.A. 801 Estelle Drive, Lancaster„ PA 17601 4. Name and address of the last recorded holder of every mortgage of record: BANK OF AMERICA, N.A. 1201 MAIN STREET, 7TH FLOOR DALLAS, TX 75202 PNC Bank, National Association 801 Estelle Drive, Lancaster, , Pa. 17601 Land Holding, Inc. 158 Portal Road P.O. Box 1020 Waynesburg„ PA 15370 P.L.E. Money Purchase Pension Plan 170 South Main Street, Ste 575, Salt Lake City, , Ut. 84101 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 915 Baltimore Pike Gardners, PA 17324 I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: \k (J LAW GROUP, P.C. iichael McKeever Pa. ID 56129 ay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 Jill P. Jenkins Pa: ID 306588 Attorneys for Plaintiff KML Law Group, P.C. Suite 5000- BNY Independence Center 701 Market Street Philadelphia, PA 19106 (215) 627-1322 Attorney for Plaintiff NOV 18 1: 414 'ffi COUNTY IVI 12-3177 BANK OF AMERICA, N.A. do 7105 Corporate Drive PTX B-209 Plano, TX 75024 vs. JOHN TERRY JR. Mortgagor(s) and Record Owner(s) 915 Baltimore Pike Gardners, PA 17324 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Docket No. 12-3177 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: TERRY, JR., JOHN JOHN TERRY JR. do Jaime M. Haley/MidPenn Legal Services 401 E LOUTHER ST STE 103 CARLISLE, PA 17013 Your house at 915 Baltimore Pike, Gardners, PA 17324 is scheduled to be sold at Sheriffs Sale on Wednesday, March 04, 2015, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $164,045.77 obtained by BANK OF AMERICA, N.A. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to BANK OF AMERICA, N.A., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 12-3177 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center:. http://www.philadelphiafed.org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 12-3177 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@kmllawgroup.com.com. Call Seth at 215-825-6329 or fax 215-825- 6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 112090FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net BANK OF AMERICA, N.A. Vs. JOHN TERRY, JR. WRIT OF EXECUTION NO 12-3177 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $164,045.77 L.L.: $50 Interest FROM 10/28/2014 TO DATE OF SALE PER DIEM AT $7.23 Atty's Comm: Due Prothy: $2.25 Atty Paid: $200.00 Other Costs: Plaintiff Paid: Date.: 11/18/14 (Seal5'••i • David D. Bue I, Prothonota Deputy REQUESTING PARTY: Name: LISA LEE, ESQUIRE Address: KML LAW GROUP, P.C. SUITE 5000-BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 78020