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HomeMy WebLinkAbout12-4194OF TPRTONO HE PROTHONOTARY 2012 JUL -6 AN 10: 36 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. ATTORNEY FOR COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ( a CUMBERLAND COUNTY AMBER D. TITTLE A/K/A AMBER DEE VALLEJO 427 OAK FLAT ROAD NEWVILLE, PA 17241-9462 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 297409 63)I i?3.7SP, Ck,? Iaos93o / 1. Plaintiff is BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: AMBER D. TITTLE A/KJA AMBER DEE VALLEJO 427 OAK FLAT ROAD NEWVILLE, PA 17241-9462 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/27/2003 AMBER D. TITTLE made, executed and delivered a mortgage upon premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND in Mortgage Book 1834, Page 4676. By Assignment of Mortgage recorded 06/02/20 the mortgage was assigned to PLAINTIFF which Assignment. is recorded in A of Mortgage Instrument No. 200918427.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon mortgage due 11/01/2011 and each month thereafter are due and unpaid, and by the of said mortgage, upon failure of Mortgagor to make such payments after a date by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 297409 6 The following amounts are due on the mortgage as of 04/23/2012: Principal Balance $126,141.22 Interest $1,413.09 10/01/2011 through 04/23/2012 Late Charges $71.88 Property Inspections $45.00 Escrow Deficit $1,645.11 SUBTOTAL $129,316.30 Escrow Credit 549.92 TOTAL $128,766.38 7 8 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default required by the mortgage document, as applicable, have been sent to the Defendant(s) the date(s) set forth thereon. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $128,766.38, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP i Attorney for Plaintiff Melissa J. ( autwell, Esq. ID 308912 File #: 297409 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land sitaute in West Pennsboro township, Cumberland county, Pennsylvania, bounded and described as follows: BEGINNING at a railroad spike in the center line of township road T-353 (Oak Flat road), sai spike being 20 miles east of the center line of route 233 at the southeastern corner of property now or formerly of John C. Hefferfinger; thence along said property, north 09 degrees 03 minutes west, 231 feet to a pin; thence along land now or formerly of Ronald M. Caldwell, et north 85 degrees 38 minutes east, 150 :feet to a pin; thence along tract no. 2 herein, south 9 degrees 03 minutes east, 231 feet to a nail in the center lined of township road T-353; thence along latter, south 85 degrees 38 minutes west, 150 feet to a railroad spike, the place of beginning PROPERTY ADDRESS: 427 OAK FLAT ROAD, NEWVILLE, PA 17241-9462 PARCEL # 46-09-0517-037 File #: 297409 VERIFICATION )? ? -, 1 4f-to '% -?- ?? ? ? d ? J? , hereby states that he/ he 's ?) l is Coo) of BANK OF AMERICA, N.A., Plaintiff in this matter, that he he is authorized to make this Verification, verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hi /he information and belief. The undersigned understands that statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ' J ? J, Name: Ga1X4 r ! ! 5-t-, J-i DATE: ?J C e Title: UN - BANK OF AMERICA, N.A. File#: 297409 Name: TITTLE File #: 297409 PaAC.P. 205.5 Updated 01/01/2011 FORM 1 IN THE COURT OF COMMON PLEAS BANK OF AMERICA, N.A., SUCCESSOR BY OF CUMBERLAND COUNTY, PENNSYLVANIA MERGER TO BAC HOME LOANS SERVICING, C70 LP FKA COUNTRYWIDE HOME LOANS SERVICING LP ? r Plaintiff(s) M W Z ?3 -urn VS. - CFA -?o z AMBER D. TITTLE A/K/A AMBER DEE ?? o VALLEJO -4 Defendant(s) Civil 5' { d' 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 bej able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no chargefo you. Once you have been appointed a legal representative, you must promptly meet with that legal representative with' twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all'i 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 nd a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with our 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 eligibl 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 relution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format a ched hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filo?d within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date V, Esquire Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to dete? mine possible options while working with your counseling agency. Please provide the following informatio to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes El No F-1 Listing date: Price: $ Realtor Name: Realtor Phone: _ Borrower Occupied? Yes F-1 No ? Mailing Address (if different): City: State:__Zip: Phone Numbers: Home:_ Office: Cell: _ Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home:_ Office: . Cell: _ Other: _ Email: # of people in household: How long?_ First Mortgage Lender: _ Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Total Mortgage Payments Amount: $ Date of Last Payment: Included Taxes & Insurance: Primary Reason for Default: ? - .1 Is tbe.loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Amount owed: Value: _ Automobile #2: Model: _ Amount owed: Value: _ Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Year: Year: Monthly Income Name of Employers: 1. Monthly Gross 2. Monthly Gross 3. Monthly Gross Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Monthly Net Monthly Net Monthly Net Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2nd Mortgage Utilities Car Payment(s) Condo/Nei h. Fees Auto Insurance Med. not covered Auto fuel/re airs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Money Da /Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency`' Yes F-1 No ? If yes, please provide the following information: Counseling Agency:_ Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: Phone: I/We, authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hart letter) .6. Listing agreement (if property is currently on the market) Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~~~.;s,t.~ ;,~:v.. jT~,_~'n~~~~~~~~3TA+°~'~ r' r d ~'' ~ v' J s .~ ~~`_ aY:. ~_~~ .. , ~... F~ ~~ ¢ U~t~ER SYL~ ANA ~~ ~~~~ Bank of America National Association vs. Case Number Amber D. Tittle 2012-4194 SHERIFF'S RETURN OF SERVICE 08/08/2012 03:10 PM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on August 2012 at 1510 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclose upon the within named defendant, to wit: Amber D. Tittle. After six attempts current residents of 427 C Flat Road, Newville, Pennsylvania 17241 would not answer the door and are avoiding service. Depute were advised, Amber D. Tittle is employed at Sheetz, 1900 Ritner Highway, Carlisle, Pennsylvania 171 However, Deputies were unable to attempt service at this address before the Complaint in Mortgage Foreclosure has expired. SHERIFF COST: $52.00 August 09, 2012 SO ANSWERS, G~-~ C~ RONNY R ANDERSON, SHERIFF 3. ~:ournySuite Sherri, Teees:nt, Ie:. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~rta cf ~umber~~d .`~S, ~~t''~;~s .~ s ,, ~Ffi c E ~ ..ti,_ ~~4Ri~€ +'ll.~~-a~~lt;w 201.2 t~OV -9 AM 8= 35 CU PEN ~ VANIA ~~ Bank of America National Association Case Number vs. Amber D. Tittle 2012-4194 SHERIFF'S RETURN OF SERVICE 11107!2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Amber D. Tittle, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 50 E. Main Street, Newville Borough, Newville, PA 17241. The residence is vacant. The Newville Postmaster has confirmed that the defendant is not known at the address given and was unable to provide a forwarding address. Service was attempted at 1900 Ritner Highway, Carlisle, Pennsylvania 17013. This location is a Sheetz convenience store deputies were advised by the store manager that the defendant never worked at that location. SHERIFF COST: $45.00 SO ANSWERS, November 07, 2012 RON R ANDERSON, SHERIFF !c) CruntySuite Sheriff', TeleCSOfI Inc. PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard. Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff 'f1 i t` idltri.i?i 20113 AN 28 AN f0:122 r'UMSERLAND COUNT, PEtdlSYLVAMA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY vs. AMBER D. TITTLE A/K/A AMBER DEE V ALLEJO No. 12-4194 Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN, LLP By: ?f -2k- _ - - athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff Date: 123 /1.3 /vla, Svc Dept. File# 297409 fl ?# ags?c?o AFFIDAVIT OF SERVICE-CUMBERLAND VLA PLAINTIFF COUNTY: CUMBERLAND s BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER -° TO BAC HOME LOANS SERVICING,LP FKA COURT NO. 12-4194 'r- COUNTRYWIDE HOME LOANS SERVICING LPG. r DEFENDANT AMBER D.TITTLE A/K/A AMBER DEE VALLEJO TYPE OF ACTlO XX Mortgage Foreclosure --4 SERVE AMBER D.TITTLE A/K/A AMBER DEE Eviction VALLEJO AT: XX Civil Action 427 OAK FLAT RD,NEWVILLE,PA 17241 Complaint on Promissory Note ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****** Served Posted and made known AMBER D. TITTLE A/K/A AMBER DEE VALLEJO,Defendant on the ay of Q _, 20 at o'clock, M.,at 427 OAK FLAT RD,NEWVILLE,PA 17241,in the manner described below; Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an office of said defendant company. VT Other: Description: Age Height Weight Race Sex Other 1, R o i l d Moll ,a competent adult,being duly sworn according to law,depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the captiongdckw on the date and the address indicated above.l understand that this statement is made subject to the penalties of 18 Pa.C.S,.Sec.4904 rell ing to nswom falsificati to a n'es. DATE: aS 3 NAME: • ona 1 0l PRINTED NAME: Process Scr\•cr TITLE: NOT SERVED On the day of 20_,at__o'clock_.M.,Defendant NOT FOUND because: _Vacant _Does Not Exist Moved _Does Not Reside(Not Vacant) No Answer on at _at Service Refused Other: P HS:297409/VLA PHELAN HALLINAN,LLP Jonathan Lobb,Esq.,Id.No.312174 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR COURT OF COMMON PLEAS BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE CIVIL DIVISION ti HOME LOANS SERVICING LP to ' Plaintiff CUMBERLAND COUNTY = < w VS. t , AMBER D. TITTLE No. 12-4194 A/KJA AMBER DEE VALLEJO (A) Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN, LLP By: ��'& 2A- Jo an Lobb, Esq., Id. No. 312174 Attorney for Plaintiff Date: kpl, Svc Dept. File#297409 41 ( a C,� �r Phelan Hallinan,LLP ATTORNEYS FOR PLAINTIFF Jonathan Lobb,Esq.,Id.No. 31217 1617 JFK Boulevard, Suite 1400 rq MM = One Penn Center Plaza =� M' I Philadelphia,PA 19103 Win ,215-563-7000 BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP COURT OF COMMON PLEAS ' FKA COUNTRYWIDE HOME LOANS SERVICING LP CIVIL DIVISION Plaintiff CUMBERLAND COUNTY No. 12-4194 AMBER D. TITTLE,A/K/A AMBER DEE VALLEJO Defendant AFFIDAVIT OF SERVICE PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated January 4.2013 as indicated below: By publication as provided by Pa.R.C.P.Rule 430(b)(1)in The Sentinel on March 27,2013 and the Cumberland Law Journal on April 5,2013.Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of Is Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Phelan Hallinan,LLP DATE:May Z.2013 By: dk)i Jon a,n Lo bb,Ks-'q".,Id.No.312174 Attorney for Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 PHS#297409 KPL t . PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tackie Cox,Sales Director,of The Sentinel, of the County and State aforesaid,being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle,County and State aforesaid,was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): March 27, 2013 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the .: aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time,place and character of publication are true. C)//J y6t, Sworn to and subscribed before me this Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 a�yo-i i . d 1 'NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION-LAW BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, COURT OF COMMON PLEAS LP FKA COUNTRYWIDE HOME LOANS SERVICING LP CIVIL DIVISION Plaintiff CUMBERLAND COUNTY VS. No.12 4194 AMBER'D.TITTLE' A/K/A AMBER DEE VALLEJO Defendant I�TOTICE } To AMBER D.TITTLE: You are hereby notified that on July 6,2012,Plaintiff,BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC #1 HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING LP,filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend,against you in the Court of Common Pleas of CUMBERLAND County Pennsylvania,docketed to No.12-4194.Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 427 OAK FLAT ROAD,NEWVILLE,PA'17241-9462 whereupon your 6 property would be sold by the Sheriff of CUMBERLAND County. ' You are hereby notified to plead to*the above referenced Complaint on or before 20 days from the date of this I publication or a Judgment will be entered against you. NOTICE' t , If you wish to defend,you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court.You are warned that if you fail to do so the case may propeed without you and a judgment f may be entered against you without further notice for-the relief requested by the plaintiff.You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE.IF YOU DO NOT HAVE A LAWYER,GO'TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE ; CARLISLE,PA 17013 717-249-3166 800-990-9108 W J PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz April 5, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. XILV -- isa Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this 5 day of April, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 act-yob CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN fenses or objections in writing with MORTGAGE FORECLOSURE the court.You are warned that if you fail to do so the case may proceed In the Court of Common Pleas of without you and a judgment may be Cumberland County, Pennsylvania entered against you without further Civil Action—Law notice for the relief requested by the plaintiff. You may lose money or No. 12-4194 property or other rights important to you. BANK OF AMERICA,N.A., YOU SHOULD TAKE THIS NO- SUCCESSOR BY MERGER TO BAC TICE TO YOUR LAWYER AT ONCE. HOME LOANS SERVICING,LP fka IF YOU DO NOT HAVE A LAWYER, COUNTRYWIDE HOME LOANS GO TO OR TELEPHONE THE OFFICE SERVICING,LP SET FORTH BELOW. THIS OFFICE Plaintiff CAN PROVIDE YOU WITH INFORMA- vs. TION ABOUT HIRING A LAWYER. AMBER D.TITTLE a/k/a AMBER IF YOU CANNOT AFFORD TO DEE VALLEJO HIRE A LAWYER,THIS OFFICE MAY Defendant BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES NOTICE THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- To AMBER D.TITTLE: DUCED FEE OR NO FEE. You are hereby notified that on CUMBERLAND COUNTY July 6, 2012, Plaintiff, BANK OF ATTORNEY REFERRAL AMERICA, N.A., SUCCESSOR BY Cumberland County MERGER TO BAC HOME LOANS Bar Association SERVICING,LP fka COUNTRYWIDE Cumberland County Courthouse HOME LOANS SERVICING LP, filed 32 South Bedford Street a Mortgage Foreclosure Complaint Carlisle,PA 17013 endorsed with a Notice to Defend, (717)249-3166 against you in the Court of Common (800) 990-9108 Pleas of CUMBERLAND County, Apr. 5 Pennsylvania, docketed to No. 12- 4194. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 427 OAK FLAT ROAD,NEWVILLE,PA 17241- 9462 whereupon your property would be sold by the Sheriff of CUMBER- LAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- 9 VD-OFFICT. r �3JUN 26 RN 2: 31 C"HIBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Court of Common Pleas FKA COUNTRYWIDE HOME LOANS SERVICING LP Civil Division 7105 CORPORATE DRIVE PLANO, TX 75024 Term Plaintiff No. 2012-4194-Civil V. Cumberland County AMBER D. TITTLE A/K/A AMBER DEE VALLEJO 427 OAK FLAT ROAD NEWVILLE, PA 17241-9462 Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, Bank of America, N.A., Successor (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On July 6, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for her failure to make monthly payments of principal and interest upon her mortgage due November 1, 2011, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. Plaintiff completed service on Defendant of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure 297409 Diversion Program Notice by publication in The Sentinel on March 27, 2013 and the Cumberland Law Journal on April 5, 2013. A true and correct copy of the Affidavit of Service by Publication is attached hereto, made part hereof and marked as Exhibit B. 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty(60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty(60) days of service. 7. Since Defendant has opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 297409 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HALLINAN, LLP Date: BY: osep . Schalk, Esquire Attorney for Plaintiff 297409 Exhibit A i HOF THE PROTHONOTARY 2912 JUL -6 AM 10: 36 CUMBERLAND COUNTY PENNSYLVANIA i I PHELAN HALLINAN&SCHNGEG,LLP 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS FKA COUNTRYWIDE HOME LOANS SERVICING ` LP CIVIL DIVISION 7105 CORPORATE DRIVE PLANO, TX 75024 TERM Plaintiff NO. V. CUMBERLAND COUNTY AMBER D.TITTLE A/K/A AMBER DEE VALLEJO 427 OAK FLAT ROAD NEWVILLE,PA 17241-9462 Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE OD5i I au�'g 3. 75p� File 4: 297409 7-7 (P 1. Plaintiff is BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s)and last known address(es) of the Defendant(s)are: AMBER D. TITTLE A/K/A AMBER DEE VALLEJO 427 OAK FLAT ROAD NEWVILLE,PA 17241-9462 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. I I 3. On 08/27/2003 AMBER D. TITTLE made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER whicli mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND Counly, in Mortgage Book 1834,Page 4676. By Assignment of Mortgage recorded 06/02/200 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200918427.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with I Pa.R.C.P. 101 9(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2011 and each month thereafter are due and unpaid,and by the.ter ns of said mortgage,upon failure of Mortgagor to make such payments after a date specif d by written notice sent to Mortgagor,the entire principal balance and all interest due � I thereon are collectible forthwith. Ric N: 297409 6. The following amounts are due on the mortgage as of 04/23/2012: Principal Balance $126,141.22 Interest $1,413.09 10/01/2011 through 04/23/2012 Late Charges $71.88 Property Inspections $45.00 Escrow Deficit $1,645.11 SUBTOTAL $129,316.30 Escrow Credit 549.92 TOTAL $128,766.38 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s)has/have I received a discharge of personal liability in a bankruptcy proceeding,this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability I discharged in bankruptcy,but only to foreclose the mortgage and sell the mortgaged P remises pursuant to Pennsylvania Law. I 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable,have been sent to the Defendant(s)on the date(s) set forth thereon. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $128,766.38,together with interest, costs,fees, and charges collectible under the mortgage including but not limited to attorney fees and costs,and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN& SCHMIEG, LLP i _ I Attorney for Plaintiff Melissa J. Calitwell, Esq. ID 308912 File#: 297409 LEGAL DESCRIPTION I ALL THAT CERTAIN tract of land sitaute in West Pennsboro township,Cumberland county, I Pennsylvania,bounded and described as follows: BEGINNING at a railroad spike in the center line of township road T-353 (Oak Flat road), said spike being 20 miles east of the center line of route 233 at the southeastern corner of property i now or formerly of John C. Hefferfinger;thence along said property, north 09 degrees 03 minutes west,231 feet to a pin; thence along land now or formerly of Ronald M. Caldwell,et ux, north 85 degrees 38 minutes east, 150 feet to a pin;thence along tract no.2 herein, south 9 degrees 03 minutes east, 231 feet to a nail in the center lined of township road T-353; thence along latter, south 85 degrees 38 minutes west, 150 feet to a railroad spike,the place of beginning i I i PROPERTY ADDRESS: 427 OAK FLAT ROAD,NEVWILLE,PA 17241-9462 i I I PARCEL#46-09-0517-037 i i I File#: 297409 VERIFICATION Chp� "c 4 M 1 J� ,hereby states that he/ he 's �� � ► -��" of BANK OF AMERICA,N.A., Plaintiff in this matter,that he he is authorized to make this Verification, a.>I<d verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hi /he information and belief. The undersigned understands that thi statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. I I Name:4f.L r V-te._ DATE: Title: UN 5 V CA- P ,j-0.. I BANK OF AMERICA,N.A. I File#: 297409 Name: TITTLE i I I File#: 297409 Pa.R.C.P. 205.5 Updated 01101/2011 FORM 1 IN THE COURT OF COMMON PLEAS BANK OF AMERICA,N.A.,SUCCESSOR BY OF CUMBERLAND COUNTY,PENNSYLVANIA MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS n o SERVICING LP Plaintiff(s) Zrn -urnf-- VS. CA o C0 O AMBER D. TITTLE A/K/A AMBER DEE D n 2 VALLEJO Defendant(s) Civil y' -4 NOTICE OF RESIDENTIAL MORTGAGE FORECLOSU DIVERSION PROGRAM i You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation confe rence. 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 with' 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 znd a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligibl 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 atu ched hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be fil within sixty(60)days of the service upon you of the foreclosure complaint.If you do so and a conciliation confe nce is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEP REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: i i Date( -- Esquire w� Attorney for Plaintiff i FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# • i BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: I City: State: Zip: I Is the property for sale? Yes❑ No❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes El No Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email. I #of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: I Loan Number: I Total Mortgage Payments Amount: $ Included Taxes& Insurance: Date of Last Payment: j i Primary Reason for Default: I i I i Is tbe.loan in Bankruptcy? Yes❑ No❑ If yes,provide names, location of court,case number&attorney: , Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ j Checking: $ $ Savings: $ $ Other: $ $ Automobile#1: Model: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation(automobiles,boats,motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: I. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description(not wages): I. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fueUre airs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Money Da /Child Care/Tuit. I Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes❑ No❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: I Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP) i assistance? Yes❑ No❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve yoi ir delinquency? Yes❑ No❑ If yes,please indicate the status of those negotiations: Please provide the following information,if known,regarding your lender and lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: Phone: UWe, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender' counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) I I .6. Listing agreement(if property is currently on the market) i I i I Exhibit B Phelan Hallman,LLP ATTORNEYS FOR PLAINTTFF knathan Lobb,Esn,Id_No_31217 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 ; , 4j BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP COURT OF COMMON PLEAS FKA COUNTRYWIDE HOME LOANS SERVICING LP CIVIL DIVISION Plaintiff ° 'CUMBERLAND �3 COUN ' vs. No. 124194 AMBER D.TTTTLE A WA AMBER DEE VALLEJO ; �o yn s �C,ry Defendant bZ to q M. AFFIDAVIT OF SERVICE BY < o PUBLICATION IN ACCORDANCE WITH COURT ORDER -< I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated January 4,2013 as indicated below: By publication as provided by Pa.R.C.P.Rule 430(bxl)in The Sentinel on March 27,2013 and the Cumberland Law Journal on April 5,2013.Proofs of the-said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Phelan Hallman,LLP DATE:-May 2.2013 By: Jo Lobb,Eil.,Id.No.312174 Attorney for Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 PHS#297409 KPL PROOF OF PUBLICATION State of Pennsylvania,County of Cumberland iackie Cox,Sales Director,of The Sentinel,of the-County and State aforesaid,being duly sworn,deposes and says that THE SENTINEL,a newspaper of general circulation in the Borough of Carlisle,County and State aforesaid,was established December 13th,•1881, since which date THE SENTINEL has been regularly issued in said County,and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): March 27,2013 COPY OF NOTICE OF PUBLICATION {� Y .. Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement,and that i "'• `,c' all allegations in the foregoing statement as ' •,,, m ,;, to time,place and character of publication are true. . f Sworn to and subscribed before me this • ' '" ' Z�{�- 2.013 . v ' Notary'Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH,CUMBERLAND CNTY i MY Commission Expires Jan 27,2014 a�yoGt Ai`� � .. � ____�___ :,. � � d�-}y�f` PROOF OF PUBLICATION OF NOTICE (Under Act No. 587,approved May lb, 1926j,t'1 ;'L=18�., COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne,Esquire,Editor of the Cumberland Law Journal,of the County and State aforesaid,being duly sworn,according to law,deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952,and designated by the local courts as the official legal periodical for the publication of all legal notices,and has, since January 2, 1952,been regularly issued weekly in the said County,and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz April 5, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal,a legal periodical of general circulation,and that he is not interested in the subject matter of the aforesaid notice or advertisement,and that all allegations in the foregoing statements as to time,place and character of publication are true. isa Marie Coyrd,Editor SWORN TO AND SUBSCRIBED before me this 5 day of April.2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY �My COMMIeSIon Expires Apr 28,2014 t Ar P4'SERZ'-UCOPY CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN fens" or objections in writing with MORTGAGE FORECLOSURE the court.You are warned that if you fail to do so the case may proceed In the Court of Common Pleas of without you and a judgment may be Cumberland County,Pennsylvania entered against you without further Civil Adios—Law notice for the relief requested by the plaintiff. You may lose money or No. 12-4194 property or other rights important to you. BANK OF AMERICA,NA, YOU SHOULD TAKE THIS NO- SUCCESSOR BY MERGER TO BAC TICE TO YOUR LAWYER AT ONCE. HOME LOANS SERVICING,LP 1ka IF YOU DO NOT HAVE A LAWYER, COUNTRYWIDE HOME LOANS GO TO OR TELEPHONE THE OFFICE SERVICING,LP SET FORTH BELOW. THIS OFFICE Plaintiff CAN PROVIDE YOU WITH INFORMA- vs, TION ABOUT HIRING A LAWYER AMBER D.TITTT♦E a/k/a AMBER IF YOU CANNOT AFFORD TO DEE VALLEJO HIRE A LAWYER,THIS OFFICE MAY Defendant BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES NOTICE THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- To AMBER D.TITTLE: DUCED FEE OR NO FEE. You are hereby notified that on CUMBERLAND COUNTY July 6, 2012, Plaintiff, BANK OF ATTORNEY REFERRAL AMERICA, N.A., SUCCESSOR BY Cumberland County MERGER TO BAC HOME LOANS Bar Association SERVICING,LP fka COUNTRYWIDE Cumberland County Courthouse HOME LOANS SERVICING LP,filed 32 South Bedford Street a Mortgage Foreclosure Complaint Carlisle,PA 17013 endorsed with a Notice to Defend, (717)249-3166 against you in the Court of Common (800)990-9108 Pleas of CUMBERLAND County, Apr.5 Pennsylvania, docketed to No. 12- 4194. Wherein Plaintiff seeks to foreclose-on the mortgage secured on your property located at 427 OAK FLAT ROAD,NEWVILLE,PA 17241- 9462 whereupon your property would be sold by the Sheriff of CUMBER- LAND County. You are hereby notified to plead to the above referenced Complaint on or balgte 20 day from the date of this publication or a Judgment will be entered against you. NOTICE l If you wish to defend,you must enter a written appearance person- ally or by attorney and file your de- 9 PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff BANK OF AMERICA, N.A., SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING Civil Division LP 7105 CORPORATE DRIVE Term PLANO, TX 75024 No. 2012-4194-Civil Plaintiff V. Cumberland County AMBER D. TITTLE A/K/A AMBER DEE VALLEJO 427 OAK FLAT ROAD NEWVILLE, PA 17241-9462 Defendant CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: AMBER D. TITTLE 427 OAK FLAT ROAD NEWVILLE, PA 17241-9462 Date: to 1-413 BytAt&ney. Schalk, Esquire for Plaintiff 297409 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS.SERVICING, LP Court of Common Pleas FKA COUNTRYWIDE HOME LOANS SERVICING LP I Civil Division 7105 CORPORATE DRIVE PLANO, TX 75024 Term Plaintiff No. 2012-4194-Civil V. Cumberland County AMBER D. TITTLE A/K/A AMBER DEE VALLEJO 427 OAK FLAT ROAD NEWVILLE, PA 17241-9462 Defendant ORDER AND NOW,this Z day of 2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY THE COURT: . 14 J. cinp I CT MCO M C= C) 4M 297409 CC : Amber D. Tittle Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 AMBER D. TITTLE 427 OAK FLAT ROAD NEWVILLE,PA 17241-9462 297409 PHELAN HALLINAN, LLP r. 1 ► D-0 F Fi C E Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 yr FH PROT,HONOTfar y 1617 JFK Boulevard, Suite 1400 19�� �1 ' One Penn Center Plaza 6 All 10:.3 j Philadelphia, PA 19103 CUMBERLAND COUNTY Adam.Davis @PhelanHallinan.com. PENNSYLVANIA 215-563-7000 BANK OF AMERICA,N.A., CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING LP CIVIL DIVISION VS. No. 12-4194 AMBER D. TITTLE A/K/A AMBER DEE VALLEJO PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against AMBER D. TITTLE A/K/A AMBER DEE VALLEJO, Defendant for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $128,766.38 TOTAL $128,766.38 I hereby certify that(1) the Defendant's last known addresses are 427 OAK FLAT ROAD, NEWVILLE, PA 17241-9462 and 50 E MAIN STREET, NEWVILLE, PA 17241-1128, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date FZJ W Adam H. Davis, Esq., Id. No.203034 Attorne r Plai'tiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PH#791171 PROTHONOTARY oswi 791171CtI+ );3 J?*A you Nofic� �e PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H. Davis,Esq.,Id.No.203034 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanI4allinan.com 215-563-7000 BANK OF AMERICA,N.A., CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP I" COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING LP CIVIL DIVISION VS. No. 12-4194 AMBER D. TITTLE A/K/A AMBER DEE VALLEJO AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant AMBER D. TITTLE A/K/A AMBER DEE VALLEJO is not in the Military or.Naval Service of the United States or its Allies, or otherwise within the provisions of the;Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant AMBER D. TITTLE A/K/A AMBER DEE VALLEJO is over 18 years of age and the last known addresses of the defendant are 427 OAK FLAT ROAD, NEWVILLE,PA' 17241-9462 and 50 E MAIN STREET, NEWVILLE, PA 17241-1128. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date � j Phelan Hallinan,LLP Adam H. Davis,Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1.61.7 JFK Boulevard, Suite 1.400 One Penn Center Plaza, Philadelphia, PA 1.91.03 215-563-7000 791171 i Department of Defense Manpower Data Center Results as of:Aug-05-201312:21:17 SCRA 3.0 i Statue Report .` Pursuant to aery eemembers Civil Relief Act Last Name: TITTLE First Name: AMBER Middle Name: D Active Duty Status As Of: Aug-05-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Dale status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No - NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. 41,1 Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Aug-05-201312:47:12 SCRA 3.0 Status RL Pursuant to Sear cememnbm Civil MidAct Last Name: VALLEJO First Name: AMBER Middle Name: DEE Active Duty Status As Of: Aug-05-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Dale 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. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236) -Revised BANK OF AMERICA, N.A.,SUCCESSOR CUMBERLAND COUNTY BY MERGER TO SAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE COURT OF COMMON PLEAS HOME LOANS SERVICING LP VS. CIVIL DIVISION AMBER D. TITTLE A/K/A AMBER DEE No. 12-4194 VALLEJO Notice is given that a Judgment in the above captioned matter has been entered against you on U 3 By: If you have any questions concerning this matter please contact: Phelan Hallman, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." 791171 BANK OF AMERICA,N.A., SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, CIVIL.DIVISION LP FKA COUNTRYWIDE HOME LOANS SERVICING LP NO. 12-4194 Plaintiff V. CUMBERLAND COUNTY AMBER D.TITTLE A/K/A AMBER DEE VALLEJO Defendant(s) TO: AMBER D.TITTLE A/K/A AMBER DEE VALLEJO 427 OAK FLAT ROAD NEWVILLE,PA 17241-9462 DATE OF NOTICE: 7A7-11-1 0 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 1701.3 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By. kz-- - Jo+ than LobU;Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#791171 1 BANK OF AMERICA,N.A.,SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION LP FKA COUNTRYWIDE HOME LOANS SERVICING LP NO. 12-4194 Plaintiff v CUMBERLAND COUNTY AMBER D.TITTLE A/K/A AMBER DEE VALLEJO Defendant(s) TO: AMBER D.TITTLE A/K/A AMBER DEE VALLEJO 50 E MAIN STREET NEWVILLE,PA 17241-1128 DATE OF NOTICE: 3 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: Jc athan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#791171 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME : COURT OF COMMON PLEAS LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING LP CIVIL DIVISION Plaintiff : NO.: 12-4194 v. • AMBER D.TITTLE A/K/A AMBER DEE VALLEJO CUMBERLAND COUNTY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $128,766.38 Interest from 08/07/2013 to Date of Sale $6,393.34 ($21.17 per diem) TOTAL $135,159.72 Gi't ✓ yam/ ^_ Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PH#791171 atta_ rrICO aik" 45° c FF1 S " et-4Z-/Yot gc)08-g LEGAL DESCRIPTION ALL THAT CERTAIN tract of land sitaute in West Pennsboro township,Cumberland county,Pennsylvania, bounded and described as follows: BEGINNING at a railroad spike in the center line of township road T-353(Oak Flat road),said spike being 20 miles east of the center line of route 233 at the southeastern corner of property now or formerly of John C. Hefferfinger;thence along said property,north 09 degrees 03 minutes west,231 feet to a pin;thence along land now or formerly of Ronald M.Caldwell,et ux,north 85 degrees 38 minutes east, 150 feet to a pin; thence along tract no.2 herein,south 9 degrees 03 minutes east,231 feet to a nail in the center lined of township road T-353;thence along latter,south 85 degrees 38 minutes west, 150 feet to a railroad spike,the place of beginning TITLE TO SAID PREMISES VES'T'ED IN Amber D. Tittle,individually,by Deed from Ryan E. Tittle, Sr.and Amber D.Tittle,h/w,dated 08/27/2003,recorded 09/09/2003 in Book 259,Page 921. PREMISES BEING:427 OAK FLAT ROAD,NEWVILLE,PA 17241-9462 PARCEL NO.46-09-0517-037 PHELAN HALLINAN, LLP ti ;, ; j T H O 4 0 C/\r Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 ?O RAN A + 214 AM 11: 36 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY Adam.Davis @PhelanHallinan.com PENNSYLVANIA 215-563-7000 BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC : COURT OF COMMON PLEAS HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING LP : CIVIL DIVISION Plaintiff : NO.: 12-4194 v. AMBER D. TITTLE A/K/A AMBER DEE VALLEJO : CUMBERLAND COUNTY Defendant(s) • CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled (X) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By:_ t-9e11- 1--42K -r/t------ Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER ▪ COURT OF COMMON PLEAS • TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING LP ▪ CIVIL DIVISION Plaintiff • NO.: 12-4194 v. • AMBER D. TITTLE A/K/A AMBER DEE VALLEJO CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING LP,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 427 OAK FLAT ROAD,NEWVILLE,PA 17241-9462. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) AMBER D.TITTLE A/K/A AMBER DEE 427 OAK FLAT ROAD VALLEJO NEWVILLE,PA 17241-9462 rn 2. Name and address of Defendant(s)in the judgment: •-G z' C Name Address(if address cannot be reasonably . _' ascertained,please so indicate) c7 _-.. AMBER D.TITTLE A/K/A AMBER DEE 427 OAK FLAT ROAD Q VALLEJO NEWVILLE,PA 17241-9462 :: 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) PORTFOLIO RECOVERY ASSOCIATES C/O 1341 N.DELAWARE AVENUE DAVID J.APOTHAKER,ESQUIRE P.O.BOX 2728 PHILADELPHIA,PA 19125 PORTFOLIO RECOVERY ASSOCIATES C/O 520 FELLOWSHIP RD,STE C306 DAVID J.APOTHAKER,ESQUIRE MOUNT LAUREL,NJ 08054-3410 PORTFOLIO RECOVERY ASSOCIATES, 140 CORPORATE BOULEVARD LLC NORFOLK,VA 23502 LVNV FUNDING LLC C/O MICHAEL 120 N KEYSER AVE RATCHFORD,ESQUIRE SCRANTON,PA 18504-9701 LVNV FUNDING,LLC 1729 PITTSTON AVENUE SCRANTON,PA 18505 BAC HOME LOANS SERVICING LP C/O 123 S BROAD ST STE 2080 TERRENCE MCCABE,ESQUIRE PHILADELPHIA,PA 19109 PH#791 171 i BAC HOME LOANS SERVICING,LP. 1800 TAPO CANYON ROAD MAIL STOP#SV-103 SIMI VALLEY,CA 93063 COUNTRYWIDE HOME LOANS 1800 TAPO CANYON ROAD SERVICING,LP MAIL STOP#SV-103 SIMI VALLEY,CA 93063 COUNTRYWIDE HOME LOANS 123 S BROAD STREET SERVICING,LP C/O TERRENCE SUITE 2080 MCCABE,ESQUIRE PHILADELPHIA,PA 19109 AMMERMAN DEVEY ENDODONTICS LTD. 4661 TRINDLE ROAD CAMP HILL,PA 17011 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) COUNTRYWIDE HOME LOANS,INC 4500 PARK GRANADA CALASBASAS,CA 91302-1613 COUNTRYWIDE HOME LOANS,INC C/O 1228 EUCLID AVENUE FIRST AMERICAN ELS INC SUITE 400 CLEVELAND,OH 44115 MERS,AS NOMINEE FOR COUNTRYWIDE P.O.BOX 2026 HOME LOANS,INC FLINT,MI 48501-2026 MERS,INC. FORMERLY 3300 SW 34TH AVENUE,SUITE 101 AS OF 12/6/10,1901 E.VOORHEES STREET, SUITE C DANVILLE,IL 61834 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 427 OAK FLAT ROAD NEWVILLE,PA 17241-9462 BANK OF AMERICA,N.A. 1800 TAPO CANYON RD MAIL ID#CA6-914-01-43 SIMI VALLEY,CA 93063-6712 PH#791171 • MERS,AS NOMINEE FOR BANK OF P.O.BOX 2026 AMERICA,N.A. FLINT,MI 48501-2026 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: //4 J/9. By: Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#791171 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO : COURT OF COMMON PLEAS BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE . HOME LOANS SERVICING LP : CIVIL DIVISION Plaintiff : NO.: 12-4194 vs. : CUMBERLAND COUNTY AMBER D. TITTLE A/K/A AMBER DEE VALLEJO Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: AMBER D. TITTLE A/K/A AMBER DEE AMBER D. TITTLE A/K/A AMBER DEE VALLEJO VALLEJO 427 OAK FLAT ROAD 50 E MAIN STREET NEWVILLE,PA 17241-9462 NEWVILLE,PA 17241-1128 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house(real estate) at 427 OAK FLAT ROAD,NEWVILLE,PA 17241-9462 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$128,766.38 obtained by BANK OF A RA, N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COU V4[1DE- HOME LOANS SERVICING LP(the mortgagee)against you. In the event the sale is continut 'n - announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. :ter Po NOTICE OF OWNER'S RIGHTS cci r._ _==r` zo -,� , YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE A c:.a 7,1'1 To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) i YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-4194 BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING LP v. AMBER D. TITTLE A/K/A AMBER DEE VALLEJO owner(s) of property situate in the WEST PENNSBORO TOWNSHIP, CUMBERLAND County, Pennsylvania, being 427 OAK FLAT ROAD,NEWVILLE,PA 17241-9462 Parcel No. 46-09-0517-037 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $128,766.38 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract of land sitaute in West Pennsboro township,Cumberland county,Pennsylvania, bounded and described as follows: BEGINNING at a railroad spike in the center line of township road T-353(Oak Flat road),said spike being 20 miles east of the center line of route 233 at the southeastern corner of property now or formerly of John C. Hefferfinger;thence along said property,north 09 degrees 03 minutes west,231 feet to a pin;thence along land now or formerly of Ronald M.Caldwell,et ux,north 85 degrees 38 minutes east, 150 feet to a pin; thence along tract no. 2 herein,south 9 degrees 03 minutes east,231 feet to a nail in the center lined of township road T-353;thence along latter,south 85 degrees 38 minutes west, 150 feet to a railroad spike,the place of beginning TITLE TO SAID PREMISES VESTED IN Amber D.Tittle,individually,by Deed from Ryan E. Tittle, Sr. and Amber D.Tittle,h/w,dated 08/27/2003,recorded 09/09/2003 in Book 259,Page 921. PREMISES BEING:427 OAK FLAT ROAD,NEWVILLE,PA 17241-9462 PARCEL NO.46-09-0517-037 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-4194 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff(s) From AMBER D.TITTLE A/K/A AMBER DEE VALLEJO (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $128,766.38 L.L.: $.50 Interest FROM 8/7/2013 TO DATE OF SALE($21.17 PER DIEM)-$6,393.34 Atty's Comm: Due Prothy: $2.25 Atty Paid: $292.75 Other Costs: Plaintiff Paid: Date: 1/24/2014 David D. Buell,Prothonot (Seal) '�� •�02 Le Deputy REQUESTING PARTY: Name: ADAM H. DAVIS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.203034 ILEJ-o F::: T E P OTHSN! ,Ai'n' • 20111 MAR 20 AM 55 PHELAN HALLINAN, LLP ( + Attorney for Plaintiff CUMBERLAND COUNTY 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, : CUMBERLAND COUNTY LP FKA COUNTRYWIDE HOME LOANS : COURT OF COMMON PLEAS • SERVICING LP : CIVIL DIVISION Plaintiff • NO. 12-4194 • vs. AMBER D.TITTLE A/K/A AMBER DEE VALLEJO Defendant AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P.,404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail,to AMBER D.TITTLE A/K/A AMBER DEE VALLEJO on,2/21/2014 in accordance with the Order of Court dated 1/4/2013. The property was posted on 2/5/2014:Publication was advertised in the Cumberland Law Journal on 2/28/2014 &in • The Sentinel on 2/25/2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan Hallinan, LLP DATE: 31111 ill By: Jonatha o b,Esq., d. No.312174 Attorney for Plaintiff • IN THE COURT OF COMMON PLEAS • CUMBERLAND COUNTY,PENNSYLVANIA BANK OF AMERICA,N.A., SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, . LP FKA COUNTRYWIDE HOME LOANS Civil Division SERVICING LP • Plaintiff • CUMBERLAND County • vs. • No. 12-4194 • AMBER D. TITTLE A/K/A AMBER DEE VALLEJO Defendant ORDER AND NOW,this d day of ah ,20121`;upon consideration of Plaintiff's ti motion for Service Pursuant to Special Order of Court,it is hereby ORDERED and DECREED, that said Motion is GRANTED. • It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C)*, on the above captioned Defendant,AMBER D.TITTLE A/K/A AMBER DEE VALLEJO,by: 1. Posting of the premises: 427 OAK FLAT ROAD,NEWVILLE, PA 17241 by the Sheriff or a non-party competent adult;and 2. First class mail to AMBER D. TITTLE A/K/A AMBER DEE VALLEJO at 50 E MAIN STREET,NEWVILLE,PA 17241 and the mortgaged premises located at 427 OAK FLAT ROAD,NEWVILLE, PA 17241. Service by mail is complete upon the date of mailing. 3. Publication pursuant to Pa. R.C.P. 430 PHS#297409/KPL It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to ensure compliance with this Court Order. BY THE COURT: J. *Prior to fulfilling the requirements of service of Notice of Sale as set forth in this Order,Plaintiff must first attempt service as set forth in Pa.RCP. 3129.2(cX1Xi) (A) or (B). In the event this attempted service is not successful,Plaintiff may proceed with service of the Notice of Sale in conformity with this Order. Cc:AMBER D.TITTLE A/K/A AMBER DEE VALLEJO 427 OAK FLAT ROAD, • NEWVILLE,PA 17241 50 E MAIN STREET -0 3 NEWVILLE,PA 17241 n rri i Nr ) D ,t- o , M r"7 ('_Cpy nia' lecl i/y//.3 ;x, PHS#297409/KPL • 0 anb 13: (ii ot 0 n r. Vitt III.0 .. ' ' 1 l' t'A 1..: cam" _....r6 c:t.:,6 I. .....tr, _30 %ti:t..‘, 9;fiv.isk.,, , t h 1110 ,i-_,:t7', ri tjt'rr-' %.,,_,, IA%c* tvs 7t 0 rsi tIS Q N O 04O o 0.t g 4' A 'x b r+ i C T1 110 kNQ H 7 lr a J .4 1 T : yam{ 5 V3 0c L+} \ •'d O N 3�+J/ 3,r , wEs \)$. ° o '',, ...4ii-k. . 11.%„'\9' :3 o0 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FICA COUNTRYWIDE HOME PH#791171 LOANS SERVICING LP DEFENDANT SERVICE TEAM/lxh AMBER D.TITTLE A/K/A AMBER DEE VALLEJO COURT NO.:12-4194 SERVE AMBER D.TITTLE A/K/A AMBER DEE VALLEJO AT: TYPE OF ACTION 427 OAK FLAT ROAD XX Notice of Sheriff's Sale NEWVILLE,PA 17241-9462 SALE DATE: June 4,2014 **PLEASE POST PROPERTY IF UNABLE TO OBTAIN SUCCESS ERVICE**PLEASE POST PRfEEJ TY ON YOUR LAST ATTEMPT** SERVED Served and made known to AMBER D. 1'1'11LE A/K/A AMBER DEE VALLEJO,Defendant on the 5 day of{ - -Act-rcr ,20 at 3:4 o'clock!M.,at 92 t f%r iO ,in the manner described below: Defendant personally served. _Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. ,�— an fficer of said Defendant's company. Other: Ott-- Description: Age Height Weight Race Sex Other I, /4\1`- DelLejAseompetent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to unworn falsification to authorities. DATE: 1--fS ( ot'i NAME:_ e4«1 1PIL. PRINTED NAME: ' 6►:-...0 k MICA TITLE: piei—otc---11 sal-�t�G't2 NOT SERVED On the day of ,20 at o'clock .M.,I, ,a competent adult hereby state that Defendant NOT FOUND because: Vacant _Does Not Exist _Moved Does Not Reside(Not Vacant) _No Answer on at • at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 , . ..--7 9 1 ri 1. Leis PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952,been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz February 28, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. "" .k.....,_ ")t...,("\ ,/ is Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 28 day of February, 2014 C1/4 / Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28,2014 CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County,Pennsylvania NO. 12-4194 BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP fka COUNTRYWIDE HOME LOANS SERVICING LP v. AMBER D.TITTLE a/k/a AMBER DEE VALLEJO NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: AMBER D. TITTLE a/k/a AMBER DEE VALLEJO Being Premises: 427 OAK FLAT ROAD, NEWVILLE, PA 17241-9462. Being in WEST PENNSBORO TOWNSHIP, County of CUMBER- LAND,Commonwealth of Pennsylva- nia,TAX#46-09-0517-037. Improvements consist of residen- tial property. Sold as the property of AMBER D. TITTLE a/k/a AMBER DEE VALLEJO. Your house (real estate) at 427 OAK FLAT ROAD, NEWVILLE, PA 17241-9462 is scheduled to be sold at the Sheriff's Sale on June 4,2014 at 10:00 A.M. at the CUMBERLAND County Courthouse, 1 Courthouse Square, Room 303, Carlisle, PA 17013, to enforce the Court Judg- ment of $128,766.38 obtained by, BANK OF AMERICA,N.A.,SUCCES- SOR BY MERGER TO BAC HOME LOANS SERVICING, LP fka COUN- TRYWIDE HOME LOANS SERVICING LP(the mortgagee),against the above premises. PHELAN HALLINAN,LLP Attorneys for Plaintiff Feb. 28 10 „ ( ( PROOF OF PUBLICATION LAS. State of Pennsylvania, County of Cumberland Patrick Doane,Production Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle,County and State aforesaid,was established December 13th,1881, since which date THE SENTINEL has been regularly issued in said County,and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): February 25, 2014. • COPY OF NOTICE OF PUBLICATION - • NOTICE OF SHERIFF'S SALE IN THE COURT OF COMMON PLEAS Affiant further deposes that he/she is not OF CUMBERLAND COUNTY,PENNSYLVANIA NO.12-4194 interested in the subject matter of the BANK OF AMERICA,NA,SUCCESSOR BY MERGER TO BAC HOME aforesaid notice or advertisement, and that LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING LP all allegations in the foregoing statement as V AMBER D.TITTLE A/K/A AMBER DEE VALLEJO to time,place and character of publication NOTICE OF AMBER 'STALE OF REALPROPERTY A AMBER DEE VALLEJO are tru NOTICE OF SHERIFF'S SALE OF R Being Premises:427 OAK FLAT ROAD,NEWVILLE,PA 17241-9462 / Being in WEST PENNSBORO TOWNSHIP,'County of CUMBERLAND, Commonwealth of Pennsylvania,TAX#46-09-0517-037 Improvements consist of residential property. Sold as the property of AMBER D.TITTLE A/K/A AMBER DEE VALLEJO Your house(real estate)at 427 OAK FLAT ROAD,NEWVILLE,PA i 17241-9462 is scheduled to be sold at the Sheriff's Sale on 6/04/2014 at 10:00 AM,at the CUMBERLAND.County Courthouse,1 Courthouse Sworn to and subscribed before me this Square,Room 303,Carlisle,PA 17013,to enforce the Court Judgment of $128,766.38 obtained by,BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING LP(the mortgagee),against the above (►( (trl premises. "`” `wrliLLr � PHELAN HALLINAN,LLP Attorney for Plaintiff Notar Public My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Bethany M.Holtry,Notary Public Carlisle Boro,Cumberland County My Commission Expires Sept.26,2015 MEMBER.PENNSYLVANIA ASSOCIATION OF NOTARIES' Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan. Lobb@phelanhallinan. com 215-563-7000 £T,I RNEY FOR PLAINTIFF PENNS YL VA NIr,• A BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FICA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff v. AMBER D. TITTLE A/K/A AMBER DEE VALLEJO Court of Common Pleas Civil Division CUMBERLAND County No.: 12-4194 Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on July 6, 2012. 2. Judgment was entered on August 6, 2013 in the amount of $128,766.38. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 4, 2014. 791171 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through June 4, 2014 Legal fees Cost of Suit and Title Property Inspections Property Preservation Escrow Deficit $125,223.22 $6,699.86 $1,700.00 $1,887.54 $255.00 $4,031.95 $7,904.17 TOTAL $147,701.74 6. Plaintiff paid the following in property preservation during the time that the loan was in default: 3/26/2013 LOCK CHANGE $95.00 3/26/2013 WINTERIZATION - DRY HEAT $100.00 3/26/2013 PHOTOS $84.00 3/26/2013 BOARDING/SECURING $154.80 3/26/2013 DEBRIS REMOVAL $120.00 3/26/2013 PROPERTY REPAIR $68.00 4/3/2013 PHOTOS $26.25 4/3/2013 BOARDING/SECURING $41.40 4/17/2013 YARD MAINTENANCE $225.00 4/17/2013 PHOTOS $12.60 5/2/2013 YARD MAINTENANCE $175.00 5/2/2013 PHOTOS $12.60 5/28/2013 YARD MAINTENANCE $175.00 5/28/2013 PHOTOS $12.60 6/12/2013 YARD MAINTENANCE $175.00 6/12/2013 PHOTOS $12.60 6/18/2013 PHOTOS $26.25 6/28/2013 YARD MAINTENANCE $175.00 6/28/2013 PHOTOS $12.60 7/19/2013 YARD MAINTENANCE $175.00 7/19/2013 PHOTOS $12.60 8/6/2013 YARD MAINTENANCE $175.00 8/6/2013 PHOTOS $12.60 791171 9/24/2013 TRIM SHRUBS $1,065.00 9/24/2013 DEBRIS REMOVAL $310.00 9/27/2013 YARD MAINTENANCE $175.00 9/27/2013 PHOTOS $12.60 10/10/2013 YARD MAINTENANCE $175.00 10/10/2013 PHOTOS $12.60 10/24/2013 YARD MAINTENANCE $175.00 10/24/2013 PHOTOS $12.60 12/24/2013 UTILITIES $5.00 12/31/2013 UTILITIES $5.00 1/17/2014 PHOTOS $5.25 TOTAL $4,031.95 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on May 2, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order granting Plaintiff s Motion to Lift Conciliation Stay dated June 27, 2013 . 791171 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP Jonat Lobb, Esquire ATTORNEY FOR PLAINTIFF 791171 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff v. AMBER D. TITTLE A/K/A AMBER DEE VALLEJO Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 12-4194 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE AMBER D. TITTLE A/K/A AMBER DEE VALLEJO executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 427 OAK FLAT ROAD, NEWVILLE, PA 17241-9462. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be 791171 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 791171 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Bums, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 791171 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 791171 Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 791171 Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 791171 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. 791171 Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: ch. /I By: Phelan Hallinan, LLP JcNathan Lobb, Esquire Attorney for Plaintiff 791171 Exhibit "A" 791171 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP AMBER D. TITTLE A/K/A AMBER DEE : VALLEJO Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLAPA zm z� CIVIL DIVISION No. 12-4194 ci o `n 44)4361140 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against AMBER D. TITTLE A/K/A AMBER DEE VALLEJO, Defendant for failure to file an Answer to Plaintiff s within 20 days from service thereof and for foreclosure and sale of the mortgaged pr - assess Plaintiff's damages as follows: " As set forth in Complaint $128,766.38 "5 laint TOTAL 1 I2 ,766.38 I hereby certify that (1) the Defendant's last known addresses are 427 OAK FLAT ROAD, NEWVILLE, PA 17241-9462 and 50 E MAIN STREET, NEWVILLE, PA 17241-1128, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date rJ%l5i73 g4.1 -44•1,1Y Adam H. Davis, Esq., Id./lo. Attorney or Plaintiff DAMAGES /-HE REBY ASSESSED AS INDICATED. DATE: (�/RE.3 _ PH # 791171 PROTHONOTARY 791171 Exhibit "B" 791171 PIHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania April 25, 2014 AMBER D. TITTLE A/K/A AMBER DEE VALLEJO 427 OAK FLAT ROAD NEWVILLE, PA 17241-9462 RE: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP v. AMBER D. TITTLE, A/K/A AMBER DEE VALLEJO Premises Address: 427 OAK FLAT ROAD NEWVILLE, PA 17241 CUMBERLAND County CCP, No. 12-4194. Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 4/30/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yo rs; J '°zathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff Enclosure 791171 Name and Address Of Sender Line 4 Article Number Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 JOH Name of Addressee, Street, and Post Office Address AMBER D. TITTLE 427 OAK FLAT ROAD NEWVILLE, PA 17241-9462 AMBER D. TITTLE 1900 RITNER HIGHWAY CARLISLE, PA 17013 AMBER D. TITTLE 427 OAK FLAT RD NEWV1LLE, PA 17241 AMBER D. TITTLE 50 E MAIN STREET NEWVILLE, PA 17241-112$ RE: AMBER D. TITTLE A/K/A AMBER DEE VALLEJO (CUMBERLAND) PH # 791171/1200 Page 1 of 1 Postage 50.47 $0.47 $0.47 50.47 Tectal Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) The full declaration of value is required on all domestic and international registered rt13\T for the reconstruction of nonnegotiable documents under Express Mail document recons piece subject to a limit of 5500,000 per occurrence. The maximum indemnity payable 3n The maximum indemnity payable is S25,000 for registered mail, sent with optional insure R900 S913 and S92I for limitations of coverage. ble Per Ise is 5300, it Manual Form 3877 Facsimile 791171 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY : MERGER TO BAC HOME LOANS SERVICING, : LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff v. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 12-4194 AMBER D. TITTLE A/K/A AMBER DEE VALLEJO Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the AMBER D. TITTLE A/K/A AMBER DEE VALLEJO 427 OAK FLAT ROAD NEWVILLE, PA 17241-9462 DATE: following individual on the date indicated below. By: IrOathan Lobb, Esquire ATTORNEY FOR PLAINTIFF AMBER D. TITTLE A/K/A AMBER DEE VALLEJO 1900 RITNER HIGHWAY CARLISLE, PA 17013 AMBER D. TITTLE A/K/A AMBER DEE VALLEJO 50 E MAIN STREET NEWVILLE, PA 17241-1128 Phelan Hallinan, LLP 791171 r ;1-10;'10 X\1.. PHELAN HALLINAN, LLP 2:�n11i -6 10, 00 Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 1; z=J j'1 t3 E R L A U O COUNTY One Penn Center Plaza N P� S Y Lir' NIA r Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff, v. AMBER D. TITTLE A/K/A AMBER DEE VALLEJO Defendant(s) CUMBERLAND COUNTY • •COURT OF COMMON PLEAS CIVIL DIVISION • No.: 12-4194 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: 67,51//ie Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 791171 Name and Phelan Hallinan, LLPti Address 1617 JFK Boulevard, Suite 1400 Of Sender One Penn Center Plaza Philadelphia, PA 19103 AZK/GIL -'06/04/2014 SALE 1', o n 4 n t' te Line Article Number Name of Addressee, Street, and Post Office Address iv Postage Ti co 1 **** PORTFOLIO RECOVERY ASSOCIATES C/O DAVID J. APOTJHAKESQUIRE 520 FELLOWSHIP RD, STE C306 MOUNT LAUREL, NJ 08054-3410 A' "1/4ER, $0.45 v• 0t ic t gr of r v, T. 2 To- 2 **** PORTFOLIO RECOVERY ASSOCIATES, LLC 140 CORPORATE BOULEVARD NORFOLK, VA 23502 $0.45 colt � ` rico 3 **** DOMESTIC RELATIONS OF CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARLISLE, PA 17013 $0.45 :•. :41.."1 7. J; 1 , .,;? 4 **** COMMONWEALTH OF PENNSYLVANIA lin $0.45 a�° �, DEPARTMENT OF WELFARE P.O. BOX 2675 HARRISBURG, PA 17105 ryd5 fl 5 **** INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 $0.45 Al 6 -11a lea y 6 **** U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURGtPA 17108.1754 $0.45 •J 107 \ # b,1�d 'A Z.9> a --RE:-AllItER.D.ITITLE AJK/A-AMBER-DEE VALLEJO•(CUMBERLAND» PH # 791I711f02T *---$9.45 'ZIge o . _, . Writ T+eaeam— ,, -`, — Total Number of Pieecs Fisted by Sender Taal Number of Pieces Received at Post Office Postmaster. Per (Name of Receiving Employee) The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the' reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is 550.000 per pica subject to a limit of 5500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is 5500. The maximum indcmtity payable is S25,000 for negisteted mail. sem with optional insurance. Ste Domestic Mall Manual 8900 S913 and S921 for limitations of coverage. Form 3877 Facsimile Name and Address Of Sander Phelan Hallinan, LLP 1617 JFK Boulevard. Suite 1400 One Pcan Cen cr Masa Phil dclphia. PA 19103 tr g Linc Article Number Name of Addressee, Street, and PoetOfftoe Addtess __ et1 itV ,, .a•NEWVILLE, $ t3 a g t d V d -.. N © O •; '_i:ti• *J: y:... �r e ,.� { j' I MI** TENANT/OCCUPANT 427 OAK FLAT ROADE%} PA 17241.9462 50.45 2 ass* AMMERMAN DEVEY ENDODONTICS LTD. 4661 TRINDLE ROAD CAMP HILL, PA 17011 50.45 3 sets BAC HOME LOANS SERVICING LP C/O TERRENCE MCCABE,ESQUIRE 123 S BROAD ST STE 2080 PHILADELPHIA, PA 19109 `2. S0.45 4 sees BAC HOME LOANS SERVICING, LP. 1800 TAPO CANYON ROAD MAILSTOP_IISV•103 SIMI VALLEY, CA 93063I:V $0.45 +9 5 *es• BANK OF AMERICA, N.A. ISOO TATO CANYON RD MAIL ID8CA6-914.0I.41 SIMI VALLEY, CA 930636712 50.45 a. 6 set• COUNTRYWIDE HOME LOANS SERVICING, LP 1800 TAPO CANYON ROAD MAIL STOP irsV-103 SIMI VALLEY, CA 93063 50.45 <jas r—^- A ;S r 7 *••s COUNTRYWIDE HOME LOANS SERVICING, LP C/O TERRENCE MCCABE,ESQUIRE 123 S BROAD STREET some 2080rey IL PHILADELPHIA, PA 19109 $0.45 All i z 8 **Of COUNTRYWIDE HOME LOANS, INC 4500 PARK GRANADA CALASBASAS,CA91302-1613 � �D`�� 9 •ss• COUNTRYWIDE HOME LOANS, INC C/O. FIRST AMERICAN ECS INC' 1228 EUCLID AVENUE SUITE 400 CLEVELAND, OH 44115 50,48 dJ 10 sees LVNV FUNDING LLC C/O MICHAEL RATCHFORD, ESQUIRE 120 N KEYSER AVE SCRANTON, PA 18504-9701• 50.45 11 s••* LVNV FUNDING, LLC 1729 PITTSTON AVENUE SCRANTON, PA 18505. 50.45 12 sees MERS, AS NOMINEE FOR BANK OF AMERICA, N.A. P.O. BOX 2026 FLINT, M148501-2026 50.45 13 ..ss MERS, AS NOMINEE FOR COUNTRYWIDE HOME. LOANS, INC P.O. BOX 2026 FLINT, Ml 48501.2026 30.45 14 sees MERS, INC. FORMERLY 3.300 SW 34TH AVENUE, SUITE 101 AS OF 1216/10,1901 E. VOORHEES STREET, SUITE C DANVILLE, IL 61834 30.45 15 *rusts PORTFOLIO RECOVERY ASSOCIATES CJO DAVID J. APOTHAKER, ESQUIRE 1341 N. DELAWARE AVENUE P.O. BOX 2728 PHILADELPHIA PA 19125 50.45 . ..s n ,. i..• st„.� r ..nr::.-...::a"ir•r'r..+ti. �''.t � - �i twfM..a.•I R. IJ.•1.Y.ir r.MM.a.e•K.es s'm:7 er tY..✓ 'MIA •trema.✓..WM.ee✓r44...1s./e..Y.else!r e•.i. ibem...wi..ay 00* a.�.wd. ✓.....utters.,.:.�Y.w�uwr..ew..,...ets Rem.N[Md•,e �.+ a.wl.rd Woo. i i!R•aiir,lta,ditaW Ili oRI ft+ap,e.kr.,.irl.e..ir. itlwilfJ./M'••Pte Yr...•.b 1.1M The maret YsywiymeMe i. MOM beni mi 11"q I ✓•.••Wim..mosn.+.uwciwr+wl.naNvra.Y..ikki.sre.«.n. orm stsr7 SarsimHc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff v. AMBER D. TITTLE A/K/A AMBER DEE VALLEJO Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 12-4194 RULE AND NOW, this ? day of 014.1 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. 791171 Lathan Lobb, Esq., Id. No.312174 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 //�A'MBER D. TITTLE A/K/A AMBER DEE VALLEJO 427 OAK FLAT ROAD NEWVILLE, PA 17241-9462 MBER D. TITTLE /AA/K/A AMBER DEE VALLEJO 427 OAK FLAT RD NEWVILLE, PA 17241 riz*At MAY ___2Y171 MBER D. TITTLE A/K/A AMBER DEE VALLEJO 1900 RITNER HIGHWAY CARLISLE, PA 17013 /AMBER D. TITTLE A/K/A AMBER DEE VALLEJO 50 E MAIN STREET NEWVILLE, PA 17241-1128 791171 791171 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215 -563 -7000 ATTORNEY FOR PLAINTIFF lE En I A • Q tip' PE�NNS ljtti� #^ : E BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff vs. Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -4194 AMBER D. TITTLE A /K/A AMBER DEE VALLEJO Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 7, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. AMBER D. TITTLE A/K/A AMBER DEE VALLEJO 427 OAK FLAT ROAD NEWVILLE, PA 17241 -9462 DATE IlLfilq By: AMBER D. TITTLE A/K/A AMBER DEE VALLEJO 1900 RITNER HIGHWAY CARLISLE, PA 17013 AMBER D. TITTLE A/K/A AMBER DEE VALLEJO 50 E MAIN STREET NEWVILLE, PA 17241 -1128 Phelan Hallinan, LLP Jus ' F. Kob-. i, Esq., Id. No.200392 Attorney for Plaintiff 791171 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY : MERGER TO BAC HOME LOANS SERVICING, : LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff vs. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 12-4194 AMBER D. TITTLE A/K/A AMBER DEE VALLEJO Defendant MOTION TO MAKE RULE ABSOLUTE cr BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on May 5, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about May 7, 2014 directing the Defendant to show cause by May 27, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on May 14, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 27, 2014. 791171 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. DATE s iz I/ By: Phelan Hal LLP Justin K•.eski " sq., Id. No.200392 Attorney or P . intiff 791171 Exhibit "A" 791171 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff v. AMBER D. TITTLE A/KIA AMBER DEE VALLEJO Defendant AND NOW, this _ day of RULE 2014, a Rule is entered upon the Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 12-4194 cy ti�recl to show cause why an Order should not be granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT /4/ W f+J 791171 Jonathan Lobb, Esq., Id. No.312174 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 AMBER D. TITTLE A/K/A AMBER DEE VALLEJO 427 OAK FLAT ROAD NEWVILLE, PA 17241-9462 AMBER D. TITTLE A/K/A AMBER DEE VALLEJO 427 OAK FLAT RD NEWVILLE, PA 17241 AMBER D. TITTLE A/K/A AMBER DEE VALLEJO 1900 RITNER HIGHWAY CARLISLE, PA 17013 AMBER D. TITTLE A/K/A AMBER DEE VALLEJO 50 E MAIN STREET NEWVILLE, PA 17241-1128 791171 791171 Exhibit "B" 791171 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COI.JNTRYWIDE HOME LOANS SERVICING LP Plaintiff vs. AMBER D. TITTLE A/K/A AMBER DEE VALLEJO Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 12-4194 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 7, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not bp,,; granted was served upon the following individual on the date indicated below. AMBER D. TITTLE A/K/A AMBER DEE VALLEJO 427 OAK FLAT ROAD NEWVILLE, PA 17241-9462 DATE: L. By: AMBER D. TITTLE A/K/A AMBER DEE VALLEJO 1900 RITNER HIGHWAY CARLISLE, PA 17013 AMBER D. TITTLE A/K/A AMBER DEE VALLEJO 50 E MAIN STREET NEWVILLE, PA 17241-1128 Phelan I3ftllinan, LL. Jus ' 1=. Koh si, Esq., Id. No.200392 Attorney for Plaintiff 791171 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff vs. AMBER D. TITTLE A/K/A AMBER DEE VALLEJO ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 12-4194 Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. AMBER D. TITTLE A/K/A AMBER DEE VALLEJO 427 OAK FLAT ROAD NEWVILLE, PA 17241-9462 DATE sjze0 By: AMBER D. TITTLE A/K/A AMBER DEE VALLEJO 1900 RITNER HIGHWAY CARLISLE, PA 17013 AMBER D. TITTLE A/K/A AMBER DEE VALLEJO 50 E MAIN STREET NEWVILLE, PA 17241-1128 Phela an, LLP. Justin obeski, Esq., Id. No.200392 Attoy for Plaintiff 791171 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff vs. AMBER D. TITTLE A/K/A AMBER DEE VALLEJO Defendant Court of Common Pleas Civil Division CUMBERLAND Count No.: 12-4194 z.1-7' i __ ORDER AND NOW, this day of , 2014, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through June 4, 2014 Legal fees Cost of Suit and Title Property Inspections Property Preservation Escrow Deficit $125,223.22 $6,699.86 $1,700.00 $1,887.54 $255.00 $4,031.95 $7,904.17 TOTAL $147,701.74 Plus interest at six percent per annum. Note: The above figure figure. ;es rte., lC 43/1y R -141J . KoLles k.,. AntLeL 7.44 Aintle2..... V4 t jb is not a payoff quote. Sheriffs commission is not included in the above 791171 r tI� rPr OTH04'UT,.;, 2014 JUN -5 AN 9: 52 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff, v. AMBER D. TITTLE A/K/A AMBER DEE VALLEJO Defendant(s) : CIVIL DIVISION : No.: 12-4194 Attorney for Plaintiff NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for 06/04/2014 at 10:00 AM in the above -captioned matter has been continued until 08/06/2014 at 10:00 AM. Date: 11/6c PH # 791171 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff, Attorney for Plaintiff : CIVIL DIVISION v. : No.: 12-4194 AMBER D. TITTLE A/K/A AMBER DEE VALLEJO Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriff's Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: AMBER D. TITTLE 427 OAK FLAT ROAD NEWVILLE, PA 17241-9462 Date: PH # 791171 6 7 WAt Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY . MERGER TO BAC HOME LOANS SERVICING, . LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff vs. AMBER D. TITTLE A/K/A AMBER DEE VALLEJO Defendant ur Tf ' Pf c r 1C 201; HUI'0TA ,,, AUL-3 CUf f PER IQ: ;� PENNSYLVANIA AND COUNTY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-4194 AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail, to AMBER D. TITTLE A/K/A AMBER DEE VALLEJO on 2/21/2014 in accordance with the Order of Court dated 1/4/2013. The property was posted on 2/5/2014. Publication was advertised in The Cumberland Law Journal on 6/6/2014 & in The Sentinel on 6/4/2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. DATE: --7/2. G y Phelan H. lin: n, By �� Jonathan M c z, Esq., Id. No.208786 o Attorney f • ' . intiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., SUCCESSOR BY • Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, • LP FICA COUNTRYWIDE HOME LOANS Civil Division SERVICING LP Plaintiff CUMBERLAND County vs. No. 12-4194 AMBER D. TITTLE A/K/A AMBER DEE VALLEJO Defendant ORDER thisife4 °20°11: AND NOW, day of It% , ; upon consideration of Plaintiff's motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED, that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C)*, on the above captioned Defendant, AMBER D. TITTLE A/K/A AMBER DEE VALLEJO, by: 1. Posting of the premises: 427 OAK FLAT ROAD, NEWVILLE, PA 17241 by the Sheriff or a non-party competent adult; and 2. First class mail to AMBER D. TITTLE A/K/A AMBER DEE VALLEJO at 50 E MAIN STREET, NEWVILLE, PA 17241 and the mortgaged premises located at 427 OAK FLAT ROAD, NEWVILLE, PA 17241. Service by mail is complete upon the date of mailing. 3. Publication pursuant to Pa. R.C.P. 430 PHS # 297409/KPL It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificateof service with the Prothonotary's office to ensure compliance with this Court Order. *Prior to fulfilling the requirements of service of Notice of Sale as set forth in this Order, Plaintiff must first attempt service as set forth in Pa.RCP. 3129.2(cXIxi) (A) or (B). In the event this attempted service is not successful, Plaintiff may proceed with service of the Notice of Sale in conformity with this Order. Cc:AMBER D. TITTLE A/K/A AMBER DEE VALLEJO 427 OAK FLAT ROAD, NEWVILLE, PA 17241 50 E MAIN STREET NEWVILLE, PA 17241 ✓f W(Qn f (4 it ',An Sc Irt;e CCpy ",Q,• ft/ 1/W//3 PHS # 297409/KPL w AFFIDAVIT OF SERVICE PLAINTIFF BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LE.F.KA COUNTRYWIDE HOME LOANS SERVICING LP DEFENDANT AMBER D. TITTLE A/K/A AMBER DEE VALLEJO SERVE AMBER D. TITTLE A/K/A AMBER DEE VALLEJO AT: 427 OAK FLAT ROAD NEWVIILE, PA 17241-9462 ****PLEASE POST THE PROPERTY*** (FNMA) CUMBERLAND COUNTY PH /i 791171..._...., SERVICE TEAM/ spl COURT NO.: 12.4194 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 08/06/2014 SERVED Served and made known to AMBER TI TITTi C A/K/A AMBER DFF VAL LEJO Defendant on the 54" day of /LtNC. , 20 14 . at S: 3s, o'clock a. M .1t 427-0_____&K i+LATROAD; .241.9462, in the manner described below: _ Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. XX Other: POSTED THE PROPERTY Description: Age Height Weight Race Sex Other I> 1:u1 kaki _MULL a competent adult, hereby verify that I personallyPosted the property with a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement . ^ de subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ° NAME: (Maid Moil PRINTED NAME: TITLE: Process Server NOT SERVED On the dayof 20 , at o'clock _. M., I , a competent adult hereby state that llefendant NOT FOUND because: ;,.Vacant Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence' 1'. Phelan, Esq., Id. No. 32227 Francis S:.Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq„ Id. No. 58745 Jenine R. Davey, Esq., ld> No. 87077 Lauren R. Tabas, Esq., ld. No. 93337 Jay B. Jones, Esq„ ld. No..86657 Chrisovalante P. Fliakos, Esq., Id. No.. 94620 Courtenay R. Dunn. Esq., Id. Nn. 206779 Mario J. Hanyon, Esq., Id. No. 203993 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq.. Id. No. 310592 Justin F. Koheski, Esq_, Id. No. 200392 Name and Address of Soder ?IMO,: HALLINAN & SCNMIEG Peas Ceuta n Sebarbaa, Salle 1400 iddONa, PA 19103 Line Mide Number Name of Addtessse, Street srd Poo Office Ad6as 1'aa1apa t<S AMBER D. TITTLE A/K/A AMBER DEE VALLEJO 427 OAK FLAT ROAD NEWVILLE, PA 17241-9462 2 ,NEWVILLE, AMBER D. TITTLE A/K/A AMBER DEE VALLEJO SO E MAIN STREET PA 17241-1128 3 •••. 4 ..fl 'F. S 6 ••.. la iN 9 400010 •r•• .111 12 •... 13 •.•• 14 15 IRE; AMBER D. TITTLE A/K/A AMBER DEE VALLEJO PH: 791171 CUMBERLAND Toi1 Number of Pieces Listed by Sender Total Nooks. of Picea Received et Pat Office Postmaster, Per (Name of Raoeivin= Employee) D W B -CERTIFICATE OF MAILING -N06 CODE -1020 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . • • COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz June 6, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, E/itor SWORN TO AND SUBSCRIBED before me this 6 day of June, 2014 i COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 12-4194 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP fka COUNTRYWIDE HOME LOANS SERVICING LP v. AMBER D. TITTLE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: AMBER D. TITTLE Being Premises: 427 OAK FLAT ROAD, NEWVILLE, PA 17241-9462. Being in WEST PENNSBORO TOWNSHIP, County of CUMBER- LAND, Commonwealth of Pennsyl- vania, 46-09-0517-037. Improvements consist of residen- tial property. Sold as the property of AMBER D. TITTLE. Your house (real estate) at 427 OAK FLAT ROAD, NEWVILLE, PA 17241-9462 is scheduled to be sold at the Sheriff's Sale on August 6, 2014 at 10:00 A.M. at the CUM- BERLAND County Courthouse, 1 Courthouse Square, Room 303, Carlisle, PA 17013, to enforce the Court Judgment of $128,766.38 ob- tained by BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP fka COUNTRYWIDE HOME LOANS SER- VICING LP (the mortgagee), against the above premises. PHELAN HALLINAN, LLP Attorneys for Plaintiff June 6 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Cathy Clark, Advertising Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): June 4, 2014. COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFFS SALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-4194 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP v.' AMBER D. TITTLE NOTICE TO: AMBER D. TITTLE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Being Premises:.427 OAK FLAT ROAD, NEWVILLE, PA 17241-9462 Being in WEST PENNSBORO TOWNSHIP, County of CUMBERLAND. Commonwealth of Pennsylvania, 46-09-0517-037 Improvements consist of residential property. Sold as the property of AMBER D. TITTLE Your house.(real estate) at 427 OAK FLAT ROAD, NEWVILLE, PA 17241-9462 is scheduled to be sold at the Sheriffs Sale on 08/06/2014 at 10:00 AM, at the CUMBERLAND County Courthouse, 1 Courthouse Square, Room 303, Carlisle, PA 17013, to enforce the Court Judgment of i $128,76.6.38 obtained by,.BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (the mortgagee), against the'above premises. PHELAN HALLINAN, LLP Attorney for Plaintiff Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 5 k , itwrtn 14 - rP0-0 . U Notary Public My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Bethany M. Holtry, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 1 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY p. FI'LEo� ill�� FICI Cif THE Pt Oi hO `.i P.I'� 20i4 NOV —Li AM . ; 57 CUMBERLAND COUNTY PENNSYLVANIA Bank of America N.A. vs. Amber D. Tittle A/K/A Amber Dee Vallejo Case Number 2012-4194 SHERIFF'S RETURN OF SERVICE 03/24/2014 03:20 PM - Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 427 Oak Flat Road, West Pennsboro - Township, Newville, PA 17241, Cumberland County. 03/24/2014 03:20 PM - Ronny E, Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Amber D. Tittle A/K/A Amber Dee Vallejo, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 427 Oak Flat Road, Newville, PA 17241, property is Vacant, or Sheetz Plaza, 1900 Ritner Highway, Newville, PA 17241, deft is no longer employed. cab. 05/15/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/6/2014 08/06/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on August 06, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $892.69 SO ANSWERS, September 30, 2014 RONIN' R ANDERSON, SHERIFF w490 rot ack . a. to/. a. 4-11 9,f 7 3/3©b/ c) CouritySu: e Sheriff, T.el_osoft, lr;c. Lill !�!r C'_., Ll, 10,: C � LL Lc — CO .. On March 3, 2014 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA, Known and numbered as 427 Oak Flat Road, Newville, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: March 3, 2014 By: riJAttoLiNttoktut--‘ Real Estate Coordinator LXIII .1'6 •CUMBERLAND, .LAW .JOURNAL = 04/1$/.14 Writ No. 2012-4194 Civil Term Bank of America.N.A. ..=t { .. . vs. - Amber D. Tittle a/k/a Amber Dee Vallejo Atty. Joseph Schalk By virtue of a Writ of Execution ,No. 12-4194, BANK ,OF AMERICA, , N.A., SUCCESSOR BY MERGER TO ,.. BAC HOME LOANS SERVICING, ,LP fka COUNTRYWIDE ,HOME LOANS SERVICING LP v::,AMBER' D. TIT r.': TLE a/k/a AMBER,DEE .VALLEJO owner(s) of proper`ty'situate in the VEST, PENNSBORO;;TOWNSHIP, ,._ CUMBERLAND County, Pennsyl- ' vania,-being '427 ,OAK FLAT ROAD, NEWVILLE, PA 17241-9462. Parcel No.'46-09-0517-037. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment: Amount:..$128,766.38_.., 112 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 18, April 25 and May 2, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Coyne, Edi SWORN TO AND SUBSCRIBED before me this 2 da of May, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28. 2016 ThQ Patriot -News Co. „- 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 r n� CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 (je J3atriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. -- PY .•UO Gu adirWatiaaS :saJeO BIBS Any: •.- - - By virtue of a Writ of Execution No. 12-4194 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO Parcel No. 46-09-0517-037 (Acreage or street address) thereon: Improvements LING RESIDENTIAL DWEL766.38 Judgment Amount: $128, This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 or' to and subscribed before I I is 02 day of May, 2014 A.D. AI `. tary Public COMMONWEAL --1H Of- PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mtg Assoc is the grantee the same having been sold to said grantee on the 6th day of August A.D., 2014, under and by virtue of a writ Execution issued on the 24th day of January, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 4194, at the suit of Bank of America N A against Amber D Tittle aka Amber Dee Vallejo is duly recorded as Instrument Number 201425404. IN TESTIMONY WHEREOF, I havehereunto set my hand and seal of said office this .7 day of A.D. a ©lf Re ' rder of My Commis Recorder of Deeds s, Cumberland County, Carlisle, PA on Expires the First Monday of Jan. 2018