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Home My WebLink About12-5207>? !???U t ?ONOTX???' PHEL HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JF Boulevard, Suite 1400 One Pen Center Plaza Philadelphia, PA 19103 215-5634000 BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLAN O, TX 75024 Plaintiff V. FLOYD P. MACKEY DONNA L. MACKEY 12903 EN MAR ROAD WAYNESBORO, PA 17268-9459 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM n NO.la?,Saar CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 298489 am ml 7Sp aµ`1 a a ri wULI 941 a-7 9 C1a "? NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 2989189 Plaintiff is BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 71105 CORPORATE DRIVE PLANO, TX 75024 2. Ti he name(s) and last known address(es) of the Defendant(s) are: OYD P. MACKEY DONNA L. MACKEY 1 2903 PEN MAR ROAD WAYNESBORO, PA 17268-9459 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. Can 07/07/2008 FLOYD P. MACKEY and DONNA L. MACKEY made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR COUNTRYWIDE BANK, FSB which mortgage is recorded in the Office of the Recorder o? Deeds of CUMBERLAND County, in Mortgage Instrument No. 200825159. By Assignment of Mortgage recorded 09/06/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 261124720.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 said rxiortgage due 03/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified File #: 29889 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 07/12/2012: Principal Balance $135,929.45 Interest $13,253.04 02/01/2011 through 07/31/2012 Late Charges $0.00 Property Inspections $150.00 Property Preservation $160.00 Escrow Deficit $3,232.33 TOTAL $152,724.82 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 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. Tile mortgage premises are vacant and abandoned. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $152,724.82, 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. PHEL LLINA N & SCHMIEG, LLP By: atthe , Esquire NAttorney for Plaintiff File #: 29899 LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the southern boundary of Irvin Drive, North 65 degrees 09 minutes 45 seconds East, 165.46 feet to a point; thence along a curve to the right having a radius of 175 feet, an arc length of 7.56 feet, a chord bearing of North 63 degrees 55 minutes 29 seconds East, and a chord length of 7.56 feet; thence continuing along a curve to the right having a radius of 15 feet, an arc 1*th of 20.06 feet, a chord bearing of South 79 degrees 00 minutes 02 seconds East, and a chord length of 18.60 feet to a point; thence by the western boundary of Ian Court South 40 degrees 41 minutes 17 seconds East, 119.42 feet to a point; thence by dividing line of Lot 1 and Lot 2, North 49 degrees 18 minutes 43 seconds West, 79.28 feet to a point; thence by the dividing line of Lot 1 and Lot 2, North 69 degrees 17 minutes 11 seconds West, 206.27 feet to the placelof BEGINNING. CONTAINING a total lot area of 18,779 square feet, more or less, and BEING designated as Lot No. 2 of Phase H on a plan of lots known as 'Frontier Village-Phase II', said plan recorded in Cumberland County Plan Book 78, at page 27. PROPERTY ADDRESS: 1 IAN COURT, SHIPPENSBURG, PA 17257-8206 PARCEL # 39-13-0102-076 File #: 2989$9 VERIFICATION iY ? hereby states that0she is AS5v6104VC&5A?of BANK OF AMERICA, N.A., Plaintiff in this matter, tha&she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of is er information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: T ?0 \1 File#: 298989 Name: MACKEY 44- NameAQ Wnew , e0'4?a n Title: Ah`?- V ? ce- '\k-QS,d pnf- BANK OF AMERICA, N.A. File #: 298989 IN THE COURT OF COMMON PLEAS BANK OF AMERICA, N.A SUCCESSOR BY OF CUMBERLAND COUNTY, MERGER TO BAC HOME LOANS SERVICING, PENNSTLVANIA L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff(s)"? 3 vs. M FLOYD P. MACKEY -` DONNA L. MACKEY r - Defendant(s) Civit5? C'-) Co C3 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 b e able to participate in a court-supervised conciliation conference in an effort to resolve this matter with our lender. If you do not have an attorney, 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 MidP nn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appoi tment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appoi tment date. During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit v oceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligib a 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 the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawye complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days f the service upon you of the foreclosure complaint. If you do so and a conciliation conference is sched led, you will have an opportunity to meet with a representative of your lender in an attempt to work our re sonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: ->or),- ] Date effhe'vshw d, Esq., Id. No.310592 PfT4??_ Stgn'ature of Counsel for Plaintiff rn? C:) -? - C-1 C) ?. Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To c?mplete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Pleas?e provide the following information to the best of your knowledge: Borr wer name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different) City: Phone Numbers: # of people in household: i III Mail' g Address: City: Phone Numbers: Email: # of beonle in household: How long? State: Zip: Home: Cell: First }Mortgage Lender:_ Type lIof Loan: Loan (Number: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Date of Last Payment: How long? Date you Closed Your Loan: Included Taxes & Insurance: State: Zip: Yes ? No ? Listing date: Price: $_ Realtor Phone:_ Yes ? No ? Home: Cell: State: Zip: Office: Other: Office: Other: Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No F_1 If yes, provide names, location of court, case number & attorney: _ Asses Amount Owed: Value: Homo: $ $ Othe? Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amo nt owed: Value: Auto obile #2: Model: Year: Arno nt owed: Value: Other transportation automobiles boats motorc ycles): Model: Year, Amount owed: Value Mon thl Income Nam of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXP NSE AMOUNT EXPENSE AMOUNT Mort age Food 2° M rtga e Utilities Car P yment(s) Condo/Nei . Fees Auto nsurance Med. (not covered) Auto fuel/repairs Other prop. payment Instal l. Loan Payment Cable TV Child Support/Alim. Spending Money Day/ C hild Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Plea?e provide the following information, if you know, regarding your lender or 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 ?urpose of evaluating my financial situation for possible mortgage options. I/We unde stand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-borrower Signature Date Please forward this page along with the following information to lender: 1 Proof of income 2 Past 2 bank statements 3?: Proof of any expected income for the last 45 days 4?! Copy of a current utility bill 5 Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6 Listing agreement (if property is currently on the market) PttELAN }iALE[NAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff 161? JFK Boulevard, Suite 1400 One Aenn Center Plara }~hl~aC~e~phla. ~''A ~~)~~~ ~~5-5~~-7UU~) I3.ANK OF AMERICA, N.A SUCCESSOR. BY MERGER 1'O BAC HOME LOANS Sh:RVICING. I:.P. F/K/A COUNTRYWIDE IiOMI~: I.O_hNS SERVICING, L.P. Plaintiff .~ ~ - .. ~,.~ r f ~~~ COURT OF COMMON PLl-,AS C[VII_ DIVISION CUMI3ERLANL) COUN~I~I" ~~s. I L01'D P. M:~CKEY DON'~iA L. MACKI~,Y No. 12-X207-C'IVII. Defendants PItAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE "f0 "l~I IE PIZO'THONOTAR~': Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captiuned matter. PI-IEL~ HALLINAN & SCHMI}~:G. i,LF' ~' ~~ ~n Michael Kolesnik, l~.sq.. Id. No.-~~)R877 Attorney (ur Plaintiff bate: October 24, 2012 'cJ ~ . S~ c Dept. Filer? 29'989 a4~' ',N~ , ~'~ c..' ~~~~.~ ~ a C~~ ~-~ ~~,f,~ ~ ~~~n ~ SHERIFF'S OFFICE OF CUMBERLAND COL~N~TY Ronny RAnderson ~~' Tye ~~ ~~~~y~~-~~,~ Sheriff ~a~titititr at ~",u~tabrrl~~~b Jody S Smith :- Za~z N~~ ~~ ~M $ ~~ ~' ~` '~ Chief Deputy £~~ x~.: . Richard W Stewart t ~ ~'~'`` = CUMBERt,ANO CQUNTY SOIICItOf pFFtGE 4f XttE ~~ERIFF ~~NNS 1'I-vA N I A Bank of America, NA Case Number vs. Floyd P. Mackey (et al.) 2012-5207 SHERIFF'S RETURN OF SERVICE 08/23/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Floyd P. Mackey, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program according to law. 08/23/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Donna L. Mackey, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program according to law. 08/30/2012 01:58 PM -Franklin County Retum: And now August 30, 2012 at 1358 hours I, Dane Anthony, Sheriff of - Franklin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Floyd P. Mackey by making known unto himself personally, at 12903 Pen Mar Road, Waynesboro, Pennsylvania 17268 its contents and at the same time handing to him personally the said true and correct copy of the same. 09/05/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Floyd P. Mackey, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Floyd P. Mackey. Request for service at 1 Ian Court, Shippensburg, Pennsylvania 17257 is vacant. The Shippensburg Postmaster has advised, Floyd P. Mackey's new address is 12903 Pen Mar Road, Waynesboro, Pennsylvania 17268. 09/05/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Donna L. Mackey, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Donna L. Mackey. Request for service at 1 Ian Court, Shippensburg, Pennsylvania 17257 is vacant. The Shippensburg Postmaster has advised, Donna L. Mackey's new address is 12903 Pen Mar Road, Waynesboro, Pennsylvania 17268. 09/21/2012 01:58 PM -Franklin County Return: And now August 30, 2012 at 1358 hours I, Dane Anthony, Sheriff of ,. Franklin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Donna L. Mackey by making known unto Floyd P. Mackey, Husband of Donna L. Mackey at 12903 Pen Mar Road, Waynesboro, Pennsylvania 17268 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $115.00 September 24, 2012 SO ANSWERS, ~~~'~ RON R ANDERSON, SHERIFF (ca CountyS~ute Shentf, Te{ensoft, tnc. SHERIFF'S RETURN - REGULAR CASE NO: 2012-00228 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN BANK OF AMERICA NA VS FLOYD R MACKEY ET AL ANGEL~L LAVIENA Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP MORT FORE was served upon MACKEY FLOYD R the DEFENDANT at 1358:00 Hour, on the 30th day of August 2012 at 12903 PEN MAR ROAD WAYNESBORO, PA 17268 FLOYD R MACKEY by handing to a true and attested copy of COMP MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit . 0 0 Surcharge .00 Sworn and/Subscribed to before me this / ~ ~/ day of .Fs-~-e~ ~0 ~ 1-. A . D . @~~~~'-fi,~z~c- Notary So Answers: ANGEL By t: Sheriff 09/11/2012 MATTHEW G BRUSHWOOD ESQ COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL RICHARD D. McCARTY, Notary Pub{+c Chambersburg 8oro., Franklin County My Commission Expires Jan. 29, 2415 SHERIFF'S RETURN - REGULAR CASE NO: 2012-00228 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN BANK OF AMERICA NA VS FLOYD R MACKEY ET AL ANGEL L LAVIENA Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP MORT FORE was served upon MACKEY DONNA L the DEFENDANT at 1358:00 Hour, on the 30th day of August 2012 at 12903 PEN MAR ROAD WAYNESBORO, PA 17268 FLOYD P MACKEY by handing to a true and attested copy of COMP MORT FORE together with and at the same•t:ime directing His attention to the contents thereof. Sheriff's Costs: 'Docketing .00 Service .00 Affidavit .00 Surcharge .00 ~~ .o0 09/18/2012 MATTHEW G BRUSHWWOD ESQ Sworn and S~uibscribed to before me this ~o ~ day of COMMONWEAlT4i CF PENNSYLVANIA NO'fA~ L SERI. / A . D . RICHARD D. McCART1', Notary public Chamberabur9 Boro., f danl 29~ 20 5 j~ My Commisslon Notary ' '(~~ c SHERIFF'S RETURN - REGULAR CASE NO: 2012-00228 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN BANK OF AMERICA NA Amended VS FLOYD P MACKEY ET AL ANGEL L LAVIENA Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP MORT FOiF, was served upon MACKEY FLOYD P the °AuE 22/P2 DEFENDANT at 1358:00 Hbux, on the 30th day of August 2012 at 12903 PEN MAR ROAD WAYNESBORO, PA 17268 FLOYD P MACKEY a true and attested copy of by handing to MORT FORE together with and at the same time directing His attention to the contents thereof- Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and Subsdribed to bef me this day of e1?/?t A.D. NotAty So Answers: ANGEL L By epu y Sheriff 11/30/2012 MATTHEW G BRUSHWOOD ESQ COMMONWEALTH OF PENNSYLVANIA -NOTARIAL SEAL. RICHARD D. MaCARTY, Notary Pubk Chambemburg Bom., Franklin County My CommMW Expires Jan. 29, 2015 i,! . s J i Is 110: VA A PHELAN HALLINAN,LLP Lauren R. Tabas,Esquire,I.D.No.93337 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia,PA 19103-1814 (215) 563-7000 Bank of America,N.A. Successor by Merger to Court of Common Pleas BAC Home Loans Servicing, L.P. F/K/A Countrywide Home Loans Servicing, L.P. Civil Division 7105 Corporate Drive Plano, TX 75024 Cumberland County Plaintiff VS. No. 12-5207-CIVIL Floyd P. Mackey Donna L. Mackey 12903 Pen Mar Road Waynesboro, PA 17268-9459 Defendants MOTION TO MAKE RULE ABSOLUTE Bank of America,N.A. Successor by Merger to BAC Home Loans Servicing, L.P. F/K/A Countrywide Home Loans Servicing, L.P. 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. On or about February 15, 2013, Plaintiff filed a Motion for Equitable Conversion. 2. On February 25, 2013, the Court entered a Rule upon the Defendants to show cause, if any to why the relief requested in the Motion for Equitable should not be granted within twenty (20) days. A true and correct copy of the Rule is attached hereto, made part hereof and marked as Exhibit"A". 3. A copy of the Rule was sent to the Defendants on February 28, 2013. A true and correct copy of the Certification of Service is attached hereto, made part hereof and marked as Exhibit`B". 4. Defendants failed to respond or otherwise plead within twenty(20) days of the date of the Rule. WHEREFORE, Plaintiff prays that this Honorable Court make the Rule to Show Cause Absolute and grant Plaintiff s Motion for Equitable Conversion. MDate: 3 auren R. Tabas, Esquire Attorney for Plaintiff PHELAN HALLINAN, LLP Lauren R. Tabas,Esquire,I.D.No.93337 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia,PA 19103-1814 (215) 563-7000 Bank of America,N.A. Successor by Merger to Court of Common Pleas BAC Home Loans Servicing, L.P. F/K/A Countrywide Home Loans Servicing, L.P. Civil Division 7105 Corporate Drive Plano, TX 75024 Cumberland County Plaintiff VS. No. 12-5207-CIVIL Floyd P. Mackey Donna L. Mackey 12903 Pen Mar Road Waynesboro, PA 17268-9459 Defendants CERTIFICATION OF SERVICE I hereby certify a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served by regular mail on all interested parties on the date listed below: Floyd P. Mackey Floyd P. Mackey Donna L. Mackey Donna L. Mackey 12903 Pen Mar Road 1 Ian Court Waynesboro, PA 17268-9459 Shippensburg, PA 17257-8206 Date: 3a M�p O*auren 7Tabas, Esquire Attorney for Plaintiff EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA, N.A. SIJCCESSOR BY Court of Common Pleas MERGER TO BAC I IOME I,OANS SERVICING, : L.P. F/KJA COUNTRY W IDI's HOME LOANS Civil Division SERVICING, L.P. Plaintiff CUMBERLAND County V. No.: 12-5207-CIVIL FLOYD P. MACKEY DONNA L. MACKEY Defendants RULE AND NOW, thisZ S��___day of __2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion for Equitable Conversion. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion for Equitable Conversion. 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 OURT J.-d pal 6 r_: EXHIBIT B PHELAN HALLINAN, LLP Lauren R. Tabas, Esquire, I.D. No. 93337 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000____ Bank of America. N.A. Successor by Merger to BAC Home loans Servicing, L.P. I,/K/A Countrywide I Lome loans Servicing, L.P. Court of Common Pleas 7105 Corporate Drive Plano, TX 75024 Civil Division Plaintiff vs. No. 12-5207-CIVIL Floyd P. Mackey Donna L. Mackey 12903 Pen Mar Road Waynesboro, 1'A 17268-9459 Defendants C>E:RTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that true and correct copies of the foregoing Rule Returnable, was served by regular mail on Defendants on the date listed below. Floyd P. Mackey Floyd P. Mackey Donna L. Mackey Donna L. Mackey 12903 Pen Mar Road 1 Ian Court Waynesboro, PA 17268-9459 Shippensburg, PA 17257-8206 P ?L H Date: Z -- By. Lauren R. Tabas,Esquire Attorney for Plaintiff 73i t ftv j B �gr�ia,° OMBERLAtij PENNSYLVANIr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America,N.A. Successor by Merger to Court of Common Pleas BAC Home Loans Servicing, L.P. FlK/A Countrywide Home Loans Servicing, L.P. Civil Division 7105 Corporate Drive Plano, TX 75024 y : No. 12-5207-CIVIL Plaintiff vs. Floyd P. Mackey Donna L. Mackey 12903 Pen Mar Road Waynesboro, PA 17268-9459 Defendants ORDER AND NOW,this 2L' day of 1 t*tA ,2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby; ORDERED and DECREED that the dwelling at I Ian Court, Shippensburg, PA 17257- 8206, Southampton Township with a tax parcel I.D. number of 39-13-0102-076, is equitably converted to real estate by way of this motion, and not subject to separation from land, and it is ORDERED and DECREED that the Cumberland County Recorder of Deeds is hereby directed to accept a certified copy of this Order for recording. BY THE COURT: Oekn J. ,�ia'G AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P.F/K/A COUNTRYWIDE HOME PHS#298989 LOANS SERVICING,L.P. DEFENDANT SERVICE TEAM/Ixh FLOYD P.MACKEY COURT NO.: 12-5207-CIVIL ' DONNA L.MACKEY SERVE DONNA L.MACKEY AT: TYPE OF ACTION maw" 3 12903 PEN MAR ROAD XX Notice of Sheriffs Sale c 1 WAYNESBORO,PA 17268-9459 SALE DATE: June 5,2013 SERVED Served and made known to DONNA L.MACKEY De ant on the day of art t 20 —A' ,o'clock ?M.,at a 0 ' t e rfianne describe ow: -t .� .3 �N � r~.3 Defendant personally served. �- � � Adult family mPmbe wiV1> Dt_k Def�yt(,s} de(s}, Relationship is � l? o it e _Adult in charge of Defendant's residence who refused to give le or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: f�r Desc tion: Age Hight Weight_LCD° Race Sex Other 0 LAS l'�/��lt�� r' 1, Cr'u tt a co tent adult,hereby verify that I personally handed 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 is made subject to e ties of 18 Pa. ec.49 elating to unsworn fals'fic ion to authorities. DATE: NAME: PRINTE7ZOI(alr,05 . TITLE: Je NOT SERVED On the day of 20—,at o'clock .M.,1, a competent adult hereby state that LS�endant ITES'T'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 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P.F/K/A COUNTRYWIDE HOME PHS#298989 LOANS SERVICING,L.P. DEFENDANT SERVICE TEAM/lxh G` FLOYD P.MACKEY COURT NO.:12-5207-CIVIL DONNA L.MACKEY v� r ., CD SERVE FLOYD P.MACKEY AT: TYPE OF ACTION f t 12903 PEN MAR ROAD XX Notice of Sheriffs Sale WAYNESBORO,PA 17268-9459 SALE DATE: June 5,2013 SERVED Served and mad known to FLOYD P. KE Defen on the day of �� ,20 J,at t 1 : o clock .M. at I a 103 a tit,. , in tth manner scnbed b personallyserved. l�_Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. —Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _Other: lk Descr' lion: Age eight ^ ' f j Weight,_Race W Sex Other I, " '� t �Y competent dull hereb verify that I personally handed a true and correct y y p y ec 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 nalties of 18 Pa :S. Sec.4904 relating to unsworn falsiff ati rn to authorities. DATE: J NAME: —�eter' �l ' PRINTED/NAME: t t!%r. TITLE: t(pml-',47, r—%Jt( . NOT SERVED On the day of 20�,at o'clock .M.,1, a competent adult hereby state that Ti endant NOT"O-lnecause: _Vacant __._Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 s r v C-) a =� C l-Ti Cn p S PHELAN HALLINAN,LLP Attorney for Plaintiff --4C--) Meredith Wooters,Esq.,Id.No.307207 < , 1617 JFK Boulevard,Suite 1400 3>C) One Penn Center Plaza . C:) Philadelphia,PA 19103 A r0 > 215-563-7000 -4 _j. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA BANK OF AMERICA,N.A.,AS SUCCESSOR BY CUMBERLAND COUNTY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS COURT OF COMMON PLEAS SERVICING,LP Plaintiff, CIVIL DIVISION V. No.: 12-5207-CIVIL FLOYD P.MACKEY DONNA L.MACKEY Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Mer�ooters Es 9. ''Id.No.307207 Date: 113 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS#298989 Name and Phelan Hallinan,LLP Address y 1617 JFK Boulevard,Suite 1400 OtSender One Penn Center Plaza Philadelphia,PA 19103 AZICIGNM-OWOST2013 SALE Line Article Number Name of Addressee Street,and Past Office Address Postage Fee 1 TTNANVOCCUPANT 50.44 y' 1]AN COURT SHIPPENSAURG PA 17257-$206 M 2 *+"" ADAMS FLF,CTRIC COOPERATIVE INC 50.4a 1338.Biglerviile Road M P.O.Box loss a Gtl c Gett sbu PA 17325 t 3 Domestic Relations of $0.94 Cumberland County a 13 North Hanover Street Carlisle PA 17013 4 +•Y• Commonwealth ofPennsylmria 50A4 t d Department of Welfare orCn P.O.Box 2675 • a Harrisburg.PA 17105 "•' �+o°o 5 """• Internal Revenue Service Advisory $0.44 1000 Liberty Avenue Room 704 w _Mburgk PA 15222 6 •""" U.S.Department of Justin $0.44 U.S.Attorney for the Middle District of PA ;.. '. Federal Building /'- R 228 Walnut Street,Suite 27A PO Box 11754 / Harrfsbur,PA 17108-17S4 RE:FLOXIi P.MACKEX CUM$ERI AND PHS 1129$989!1021 Pope 1 of Y Writ Team $2 � Tni.i N _ o Treal Nw"tet of N.— Wutm.m.Fw(Kim or Ile NO dalamknef v.Arc k m"111d"n.li dnrre<nc twl rercrvwin..l rrtkk-d m.il p.Ywr Pine.UOrd by S.A&f R—ivM Nprat Ufri ReeeiWM em'-wo (arrk rtten.bWIb .t"oo"etw bk doe—%undn F..pter Mad 4xvmentrmmenwcttne4rsa.na h WAM M, 9, pieet.�jrti W.omit ntS3lia,trXt per oocvrrcrer 7Yre m.ximtiti iaden++itY WYalk n"�prcst Mai!nrtrrManlae is SSIXI. Tie tm.imrn ir4mnity irY.11e k 53SA00 fort retatrred Basil,.eM re:11 ip+li..W inaura"ce.Ste ilmxnk"lad M.ntut R9005913 and 5927 tm timitatinm ntenven Form 3877 Facsimile 1. C-) ,c= PHELAN HALLINAN,LLP Attorney for Plaintiff Meredith Wooters,Esq.,Id.No.307207 C) 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza C-) Philadelphia,PA 19103 =, c:,-r 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA BANK OF AMERICA,N.A.,AS SUCCESSOR BY CUMBERLAND COUNTY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS COURT OF COMMON PLEAS SERVICING,LP Plaintiff, CIVIL DIVISION V. No.: 12-5207-CIVIL FLOYD P.MACKEY DONNA L.MACKEY Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA PHILADELPHIA COUNTY SS: As required by Pa.R.C.P.3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa.R.C.P.3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817)and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit'IV'. f odjO W-6 W- Meredith VcZters,Esq.,Id.No.307207 Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS#298989 3. " Name and Phelan Hallinan.L P Addre.xs 1617 M Boulevard.Suite 14pi1 t)f SrnAer One Penn Crni"Pla7n Phitadct hia.,PA 19103 A7.Tt1GNM-OtMJM12013SALE Line Article Number Name of Addrenee.Street,and Post Office Addrnss pa.-nage Pee I **«* TENANTIOCCUPANT $0.+44 1 TAN COURT SHIPPENSBURG PA 17257.8206 2 :•°+ ADAMS ELECTRICCOOPERATIVETNC $0.44 1 1338 BiSlerville Road P.O.Box 10551 Gettysburg,PA 11323 3 "'•" Domestic Relations of $0.44 n Cumberland County 13 north Hanover Street w Carlisle,ft 17413 y ti, , 4 ;*** Commonwealth of Penns lvarla Department of Welfare O rr) P,U.Box 2475 * a tie, Harrisburg.PA 17105 Internal Revenue Service Advisory $'0.44, i?'X " 1000 Liberty Avenue Room 704 Pittsburgh,PA IS222 b •**� U.S.neparFmeni of Jnsficr $0.44 U.S.Attorney for the Middle District ofPA Federal Building 228 Walnut Street,Suit!220 PO Tao%11754 / Harrisburg, 17108-17$4 F . REc FLOYD P.MACKEX CUMBERLAND PTt58 298989!1021 Page,I of i Writ Teen TOWN-ft 1Mt0ugSber0fjWCS f4 04"01 `2ac(on ftchmPa,f»Yaelr r""dmat d.Prnrc anA watatiwt ntAttrcdmse-RJrt wtaxirmriSMCm%iYf rS!'SPYt 9imeer l.En,d bg Se.drr k.en,vd.�MH **Offe+ Reai.fnY Rnplay,.) brt4 rwenHnetiu,otnxwrR,Iw44r.♦uum,aa anM•k mu Inn imm�.prentA:A-0.e.axes rw+aniruniAr:enrist�+�3Si/}i(�p.r . r3CC.ea>•kct to s tirut rfS.R)a tOa rte utvretoe. mrT tv)FAk ra llv-s,Mal mex 55 tanQsr.h )t i1>e nsxin+nstkwkrnttpppysfikixS2S.04DlrnrtyyektalovttiumwtA,ptirulariwaict.SrothxxstcAtaYlStxrs,xi k90?391a,M 592:lrn GRAtA11Mnt'Am Form 3877 Facsimile SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 1- "[HE. RIRD 111HON TAR';Y �a,�+,wtx, of IUn�ir;fy�r© Jody S Smith Chief Deputy 2013 AUG 28 Aft 10-- 5 b Richard W Stewart - Solicitor OFFICE ce THE SHE RIFF CUMBERLAND COUNTY PENNSYLVANIA Nationstar Mortgage LLC Case Number vs. Floyd P. Mackey(et al.) 2012-5207 SHERIFF'S RETURN OF SERVICE 04/01/2013 05:22 PM - Deputy Jason Kinsler, 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 1 Ian Court, Southampton =Township, Shippensburg, PA 17257, Cumberland County. 06/03/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/4/2013 08/20/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/2/2013 08/27/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $868.85 SO ANSWERS, August 27, 2013 RON R ANDERSON, SHERIFF F s� &L {c}CountySuite Sheriff,Teleosoft,Inc. BANK OF AMERICA,N.A SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO BAC HOME LOANS SERVICING,L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. CIVIL DIVISION Plaintiff NO.: 12-5207-CIVIL V. . 44 FLOYD P.MACKEY po'N'WMIYA i4p,Z4. CUMBERLAND COUNTY DONNA L.MACKEY Defendant(s) PHS#298989 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P.F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P.,Plaintiff 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 I IAN COURT, SHIPPENSBURG,PA 17257-8206. 1 Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) LOYDP.MACKEY 12903 PEN MAR ROAD WAYNESBORO,PA 17268-9459 DONNA L.MACKEY 12903 PEN MAR ROAD WAYNE,SBORO,PA 17268-9459 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) FLOYD P.MACKEY 12903 PEN MAR ROAD WAYNESBORO,PA 17268-9459 DONNA L.MACKEY 12903 PEN MAR ROAD WAYNESBORO,PA 17268-9459 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. F 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) ADAMS ELECTRIC COOPERATIVE INC 1338 BIGLERVILLE ROAD P.O,BOX 1055 GETTYSBURG,PA 17325 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 1 IAN COURT SHIPPENSBURG,PA 17257-8206 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: B . nan,L Allison F.Zuckerman,Esq.,Id.No.309519 Attorney for Plaintiff BANK OF AMERICA, N.A SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO BAC HOME LOANS SERVICING,L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. CIVIL DIVISION Plaintiff NO.: 12-5207-CIVIL V. . FLOYD P.MACKEY CUMBERLAND COUNTY DONNA L.MACKEY Defendant(s) PHS #298989 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P.F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 1 IAN COURT, SHII'PENSBURG,PA 17257-8206. I. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) LOYD P.MACKEY 12903 PEN MAR ROAD WAYNESBORO,PA 17268-9459 DONNA L.MACKEY 12903 PEN MAR ROAD WAYNESBORO,PA 17268-9459 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) FLOYD P.MACKEY 12903 PEN MAR ROAD WAYNESBORO,PA 17268-9459 DONNA L.MACKEY 12903 PEN MAR ROAD WAYNESBORO,PA 17268-9459 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) 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) ADAMS ELECTRIC COOPERATIVE INC 1338 BIGLERVILLE ROAD P.O,BOX 1055 GETTYSBURG,PA 17325 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 1 IAN COURT SHIPPENSBURG,PA 17257-8206 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: 2 B t Allison F.Zuckerman,Esq.,Id.No.309519 Attorney for Plaintiff BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO : COURT OF COMMON PLEAS BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. CIVIL DIVISION Plaintiff : NO.. 12-5207-CIVIL VS. , CUMBERLAND COUNTY FLOYD P. MACKEY DONNA L.MACKEY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: FLOYD P.MACKEY DONNA L.MACKEY 12903 PEN MAR ROAD WAYNESBORO,PA 17268-9459 *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 1 IAN COURT,SHIPPENSBURG,PA 17257-8206 is scheduled to be sold at the Sheriff s Sale on 06/05/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$152,724.82 obtained by BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P.F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P.(the mortgagee)against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS . E YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments,late charges,costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. F 1. If the Sheriffs 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 procdedings 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 LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Southampton Township,Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING at a point in the southern boundary of Irvin Drive,North 65 degrees 09 minutes 45 seconds East, 165.46 feet to a point;thence along a curve to the right having a radius of 175 feet,an arc length of 7.56 feet,a chord bearing of North 63 degrees 55 minutes 29 seconds East,and a chord length of 7.56 feet;thence continuing along a curve to the right having a radius of 15 feet,an arc length of 20.06 feet,a chord bearing of South 79 degrees 00 minutes 02 seconds East,and a chord length of 18.60 feet to a point;thence by the western boundary of)an Court South 40 degrees 41 minutes 17 seconds East, 119.42 feet to a point;thence by dividing line of Lot I and Lot 2,North 49 degrees 18 minutes 43 seconds West,79.28 feet to a point; thence by the dividing line of Lot 1, and Lot 2,North 69 degrees 17 minutes I I seconds West,206.27 feet to the place of BEGINNING. CONTAINING a total'lot area of 18,779 square feet,more or less,and BEING designated as Lot No.2 of Phase 11 on a plan of lots known as Frontier Village-Phase 11',said plan recorded in Cumberland County Plan Book 78,at page 27. SUBJECT TO all conditions and restrictions of record SUBJECT ALSO TO the rights of way,easements,and building setback lines as more fully shown on the aforesaid plan of lots. TITLE TO SAID PREMISES Vested by'Special Warranty Deed,dated 5/25/2005, given by Irvin Industry Inc.to Floyd P.Mackey and Donna L.Mackey, husband and wife, as tenants by the entireties, and recorded 6/1/2005 in Book 269 Page 599 Instrument#2005-018983 PREMISES BEING: I IAN COURT,SHIPPENSBURG,PA 17257-8206 PARCEL NO.39-13-0102-076 Y SHORT DESCRIPTION By virtue of a Writ of Execution NO. 12-5207-CIVIL BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. vs. FLOYD P. MACKEY DONNA L. MACKEY owner(s) of property situate in SOUTHAMPTON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1 IAN COURT, SHIPPENSBURG,PA 17257-8206 Parcel No. 39-13-0102-076 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $152,724.82 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-5207 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA,N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. Plaintiff(s) From FLOYD P.MACKEY,DONNA L.MACKEY (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 gamishee(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: $152,724.82 L.L.:$.50 Interest from 1/4/2013 to Date of Sale($25.11 per diem) -- $3,841.83 Atty's Comm: Due Prothy: $2.25 Atty Paid: $275.50 Other Costs: Plaintiff Paid: Date:2/26/2013 David D.Buell,Prothonotary (Sea]) Deputy REQUESTING PARTY: Name: ALLISON F.ZUCKERMAN,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 TRUE COPY FROM RECORD Supreme Court ID No.309519 in Testimony whereof,I here unto set my hand and the seal of said Court at Carlisle,Pa.. ,-,) This—a2lpday of—�prothonotary On March 12, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA, Known and numbered as 1 Ian Court, Shippensburg, Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2013 By: Real Estate Coordinator :io v LZ 233 [W i� itr CUMBERLAND LAW JOURNAL Writ No. 2012-5207 Civil BANK OF AMERICA, NATIONAL ASSOCIATION vs. FLOYD P. MACKEY, Donna L. Mackey Atty.:Joseph P. Schalk By virtue of a Writ of Execu- tion NO. 12-5207-CIVIL, BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRY- WIDE HOME LOANS SERVICING, L.P.vs. FLOYD P.MACKEY,DONNA L.MACKEY owner(s)of property situ- ate in SOUTHAMPTON TOWNSHIP, Cumberland County, Pennsylvania, being 1 IAN COURT, SHIPPENS- BURG,PA 17257-8206. Parcel No. 39-13-0102-076. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$152,724- .82. 47 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929),P. L.1784 COMMONWEALTH OF PENNSYLVANIA : Ss. COUNTY OF CUMBERLAND Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal,of the County and State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 12, April 19 and April 26, 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. �Jsa Marie Coyne, EdItor SWORN TO AND SUBSCRIBED before me this —26 day of April,2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 2020 Technology Pkwy the a r10 x Lws Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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. .- __1 This ad ran on the date(s)shown below: 2012-5207 chill 04/16/13 BANK OF AMERICA,NATIONA A SOCIATIC)N lit S � 04123/13 Vs FLOYD R vs. 04130/13 Donna L.Mackey Atty- Joseph P.Schalk By virtue of a Writ of Execution NO. . . . . . . . . . . . . . . . . . . . . . . . . 12-5207-CIVIL BANK OF AMERICA,N.A SUCCESSOR By MERGER TO BAC HOME Sworn to and subscribed before me this 13 day of May, 2013 A.D. LOANS SERVICING, L.P. F/KIA COUNTRYWIDE ' HOME LOANS SERVICING,I-R qj�n A FLVS. fa-_ry Public 0 OYD P.MACKEY DONNA L MACKEY owner(s) , of property situate in SOUTHAMPTON TOWNSHIP, Cumberland County,Pennsylvania,being (Municipality) I IAN COURT, SHIPPENSBURG, PA COMMONWEALTH OF PENNSYLVANIA 17257-8206 Notarial Seat Parcel No.39-13-0102t76 Holly Lynn Warfel,Notary Public (Acreage or street address) Improvements thereon: RESIDENTIAL Washington Twp.,Dauphin county DWELLING My Commission Expires Dec.12,2016 JUDGMENT AMOUNT$152,724.82 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES 2020 Technology Parkway Mechanicsburg,PA (717)255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT.# 2260 DUPLICATE BILL Date Description Sale# Size Rate Net Cost Of Ad 04/16/13 Sheriff Sale 5207 5.36 $20.00 $ 107.20 04/23/13 Sheriff Sale 5207 5.36 $20.00 $ 107.20 04/30/13 Sheriff Sale 5207 5.36 $20.00 $ 107.20 Notary Fee $5.00 TOTAL DUE FOR THIS SALE: $ 326.60 Kc PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC COURT OF COMMON PLEAS HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS - SERVICING,LP CIVIL DIVISION Plaintiff .• . NO.: 12-5207-CIVIL v. . FLOYD P.MACKEY CUMBERLAND COUNTY DONNA L.MACKEY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $152,724.82 Interest from 01/04/2013 to Date of Sale $12,981.87 ($25.11 per diem) TOTAL $165,706.69 i 06564"\------7 P i n Hallinan,LLP Jo i h E.DeBarberie,Esq.,Id.No.315421 Attorney for Plaintiff Note: Please attach description of property. PH#792751 = _t ave pg. sr) ?c_L 44,1y (pr.' i -.-..0 c. l l S. OD C ZE IDS, It t` \ . S « L‘ id. ..„....D2-.5-11-------, - rye---6ir--- I t sD C,c, /38x73 _ 1 30 zy2 rc �SS�,-6d Y WY,� LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania,bounded and described as follows: BEGINNING at a point in the southern boundary of Irvin Drive,North 65 degrees 09 minutes 45 seconds East, 165.46 feet to a point;thence along a curve to the right having a radius of 175 feet,an arc length of 7.56 feet, a chord bearing of North 63 degrees 55 minutes 29 seconds East,and a chord length of 7.56 feet;thence continuing along a curve to the right having a radius of 15 feet,an arc length of 20.06 feet, a chord bearing of South 79 degrees 00 minutes 02 seconds East, and a chord length of 18.60 feet to a point;thence by the western boundary of Ian Court South 40 degrees 41 minutes 17 seconds East, 119.42 feet to a point;thence by dividing line of Lot 1 and Lot 2,North 49 degrees 18 minutes 43 seconds West,79.28 feet to a point;thence by the dividing line of Lot 1 and Lot 2,North 69 degrees 17 minutes 11 seconds West,206.27 feet to the place of BEGINNING. CONTAINING a total lot area of 18,779 square feet,more or less,and BEING designated as Lot No. 2 of Phase II on a plan of lots known as'Frontier Village-Phase II', said plan recorded in Cumberland County Plan Book 78,at page 27. SUBJECT TO all conditions and restrictions of record SUBJECT ALSO TO the rights of way, easements, and building setback lines as more fully shown on the aforesaid plan of lots. TITLE TO SAID PREMISES IS VESTED IN Floyd P. Mackey and Donna L. Mackey,h/w, by Deed from Irvin Industry, Inc., a Corporation duly authorized to do business in Delaware,trading and doing business in Pennsylvania as D. Calvin Irvin Co., dated 05/25/2005, recorded 06/01/2005 in Book 269, Page 599. PREMISES BEING: 1 IAN COURT,SHIPPENSBURG,PA 17257-8206 PARCEL NO. 39-13-0102-076 PHELAN HALLINAN, LLP Attorneys for Plaintiff Joseph E. DeBarberie, Esq., Id. No.315421 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 joseph.debarberie@phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO : COURT OF COMMON PLEAS BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP : CIVIL DIVISION Plaintiff : NO.: 12-5207-CIVIL v. FLOYD P. MACKEY : CUMBERLAND COUNTY DONNA L. MACKEY 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: Ian Hallinan,LLP J ph E.DeBarberie,Esq.,Id.No.315421 Attorney for Plaintiff C) rrt rn n:°- BANK OF AMERICA,N.A.,AS SUCCESSOR BY • COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, LP • F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP • CIVIL DIVISION Plaintiff • • NO.: 12-5207-CIVIL v. •• FLOYD P. MACKEY • CUMBERLAND COUNTY DONNA L. MACKEY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 1 IAN COURT, SHIPPENSBURG,PA 17257-8206. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) FLOYD P.MACKEY 12903 PEN MAR ROAD WAYNESBORO,PA 17268-9459 DONNA L.MACKEY 12903 PEN MAR ROAD WAYNESBORO,PA 17268-9459 mrri T'" - r- '46 � 2. Name and address of Defendant(s)in the judgment: .' Name Address(if address cannot be reasonably ascertained,please so indicate) 3r C) (.7) t FLOYD P.MACKEY 12903 PEN MAR ROAD --4 WAYNESBORO,PA 17268-9459 DONNA L.MACKEY 12903 PEN MAR ROAD WAYNESBORO,PA 17268-9459 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. PH# 792751 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) ADAMS ELECTRIC COOPERATIVE INC 1338 BIGLERVILLE ROAD,P.O.BOX 1055 GETTYSBURG,PA 17325 .AID 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 1 IAN COURT SHIPPENSBURG,PA 17257-8206 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: ()") .-2)( By: NA 0651'0"---- Phela allinan,LLP Josep DeBarberie,Esq.,Id.No.315421 Attorne' for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH# 792751 BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER : COURT OF COMMON PLEAS TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP : CIVIL DIVISION Plaintiff : NO.: 12-5207-CIVIL vs. : CUMBERLAND COUNTY FLOYD P. MACKEY DONNA L. MACKEY C) N Defendant(s) -u= _` =M a- NOTICE OF SHERIFF'S SALE OF REAL PROPERTY r' fir_; ■ TO: FLOYD P. MACKEY > DONNA L. MACKEY c: �.� 12903 PEN MAR ROAD =; -- ; WAYNESBORO,PA 17268-9459 *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 1 IAN COURT,SHIPPENSBURG,PA 17257-8206 is scheduled to be sold at the Sheriffs 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$152,724.82 obtained by BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP (the mortgagee)against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You maybe 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. 12-5207-CIVIL BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP v. FLOYD P. MACKEY DONNA L. MACKEY owner(s) of property situate in SOUTHAMPTON TOWNSHIP, CUMBERLAND County, Pennsylvania, being 1 IAN COURT, SHIPPENSBURG, PA 17257-8206 Parcel No. 39-13-0102-076 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $152,724.82 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Southampton Township, Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING at a point in the southern boundary of Irvin Drive,North 65 degrees 09 minutes 45 seconds East, 165.46 feet to a point;thence along a curve to the right having a radius of 175 feet, an arc length of 7.56 feet, a chord bearing of North 63 degrees 55 minutes 29 seconds East,and a chord length of 7.56 feet;thence continuing along a curve to the right having a radius of 15 feet,an arc length of 20.06 feet,a chord bearing of South 79 degrees 00 minutes 02 seconds East,and a chord length of 18.60 feet to a point;thence by the western boundary of Ian Court South 40 degrees 41 minutes 17 seconds East, 119.42 feet to a point;thence by dividing line of Lot 1 and Lot 2,North 49 degrees 18 minutes 43 seconds West,79.28 feet to a point;thence by the dividing line of Lot 1 and Lot 2,North 69 degrees 17 minutes 11 seconds West,206.27 feet to the place of BEGINNING. CONTAINING a total lot area of 18,779 square feet,more or less, and BEING designated as Lot No. 2 of Phase II on a plan of lots known as'Frontier Village-Phase II', said plan recorded in Cumberland County Plan Book 78,at page 27. SUBJECT TO all conditions and restrictions of record SUBJECT ALSO TO the rights of way,easements,and building setback lines as more fully shown on the aforesaid plan of lots. TITLE TO SAID PREMISES IS VESTED IN Floyd P. Mackey and Donna L. Mackey, h/w, by Deed from Irvin Industry, Inc., a Corporation duly authorized to do business in Delaware,trading and doing business in Pennsylvania as D. Calvin Irvin Co., dated 05/25/2005, recorded 06/01/2005 in Book 269, Page 599. PREMISES BEING: 1 IAN COURT, SHIPPENSBURG,PA 17257-8206 PARCEL NO. 39-13-0102-076 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-5207 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.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP Plaintiff(s) From FLOYD P.MACKEY,DONNA L.MACKEY (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: $152,724.82 L.L.: $.50 Interest FROM 1/4/2013 TO DATE OF SALE($25.11 PER DIEM)-$12,981.87 Atty's Comm: Due Prothy: $2.25 Atty Paid: $1172.85 Other Costs: Plaintiff Paid: Date: 3/4/14 David D.Buell,Prothonotary (Seal) / �� `Ar//_ . _ Deputy REQUESTING PARTY: Name: JOSEPH E.DEBARBERIE,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.315421 J Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 .,J--OFFICE- CiF THE PR OTHONOTAft't` 20141, R 21 AN IQ: 39 CUMBERLAND COUNTY PENNSYLVANIA Attorney For Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff v. FLOYD P. MACKEY DONNA L. MACKEY Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 12 -5207 -CIVIL PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute CP -SRMOF II 2012 -A TRUST, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE as successor Plaintiff for the originally named Plaintiff. Date: The material facts on which the right of succession and substitution are based as follows: CP -SRMOF II 2012 -A TRUST, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded on 01/08/2014 in Instrument No. 201400563 of the Recorder of Deeds Office in and for CUMBERLAND County. Kindl /�am�end the information on the docket ac (.�LJ 3 'W PH # 792751 By: Jon.: tkowicz, Esq., Id. No.208786 torney for Plaintiff 004 -139 pelf 11 Cii- µ /t/vas73 I Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 Attorney For Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff v. FLOYD P. MACKEY DONNA L. MACKEY Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 12- 5207 -CIVIL PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF TO THE PROTHONOTARY: Please mark the judgment in the above - captioned matter to the use of CP -SRMOF II 2012 -A TRUST, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY .AS TRUSTEE, located 9990 RICHMOND AVENUE SUITE. 400S • HOUSTON, TX 77042 • Date: L PH # 792751 PHE A H •1 . NA L' By: _AM `1 '.w Jonat ' kowicz, Esq., Id. No.208786 orney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 - 563 -7000 Attorney For Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff v. FLOYD P. MACKEY DONNA L. MACKEY Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 12 -5207 -CIVIL ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of CP -SRMOF II 2012 -A TRUST, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY • S TRUSTEE. Date: t PH # 792751 PHELA By: Jonathan tkowicz, Esq., Id. No.208786 A . ' ey for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff V. FLOYD P. MACKEY DONNA L. MACKEY Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 12-5207-CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe to Mark Judgment to CP-SRMOF II 2012-A TRUST, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE, Substitution of Party Plaintiff and Entry of Appearance were served by regular mail on the person(s) on the date listed below: FLOYD P. MACKEY DONNA L. MACKEY 12903 PEN MAR ROAD WAYNESB RO, PA 17268-9459 Date: PHELA iI INAN, P By: Jonathan kowi z, Esq., Id. No.208786 Att, ey for Plaintiff AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP DEFENDANT FLOYD P. MACKEY DONNA L. MACKEY SERVE FLOYD P. MACKEY AT: 12903 PEN MAR ROAD WAYNF.SBORO, PA 17268 -9459 Served and made known to I-�`, o'clock ?. M., at j .Defendant personally dult family member with w om Defer, Relationship is U-% Adult in charge of Defendant's residence who refused to give n(me 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. SERVED PH # 792751 SERVICE TEAM/ Ixh COURT NO.: 12 -5207 -CIVIL TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: June 4, 2014 FLOYD P. MAC Y Defendant on the ,3 day of (1401-e-11- , 20 ( , at ��(� e QJ , y�, the mark r, describ lqv e d served. 6 • , (i1� ��(,`+ nt(s) reside( ). e Other: Des/cri� *iion:Age J He' t _�y! W ' ht 1,33 Race `�/ 4 Sex F Other 1, C X10( txt_ L , a \ petdnt adult, hereby verify that I personally handed a true and correct copy of the Y P Y PY Notice of Sheriffs Sale in the manner as set forth herein, issued in the ..tioned case on the date and at the address indicated above. I understand that this statement is made subject to e p awes of 18 Pa. C :. Se . 4904 r ,yng to unsworn fal$ificatton to authorities. c;) DATE: NAME: PRINTED TITLE: :(a c ed.-5S NOT SERVED On the day of 20_, at o'clock . M., I, state that Defendant NOT FOUND because: Vacant _ Does Not Exist , a competent adult hereby 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 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 to unsworn AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY ,' BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE PH # 792751 HOME LOANS SERVICING, LP DEFENDANT FLOYD P. MACKEY DONNA L. MACKEY SERVE DONNA L. MACKEY AT: 12903 PEN MAR ROAD WAYNESBORO, PA 17268 -9459 SERVED SERVICE TEAM/ Ixh COURT NO.: 12- 5207 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 r~D h:—. r Served and made known to DONNA L. AC I Y, Def dant on the fJ day of P GL I , 20 , at , 1 , 010 , o'clock f M., at a 101 r< J ' i4 , in a manner dqscribed belo}i –4 Defendant personally served. ap 5 ilobf , talk Adult family member with whom Defendant(s) reside(s). 1 Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager /Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _ Other: Descri tion: Age ,5 H ' t�, C I, �2kreoc -& L. , mar`'' C ompe nt 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 c..tioned case on the date and at the address indicated above. I understand that this statement is made subject to e p-n. s of 18 Pa. C.S. - - . 4904 re1a o unsworn falsification to authorities. /1 -� OD 0 V>44-e-S NAME: PRINTED NAME: TITLE: pcj2sC,t2�v5 NOT SERVED e On the day of , 20 at o'clock . M., I, , a competent adult hereby state that Dendant NOT FOUND because: Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on 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. at BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 Phelan Hallinan, LLP 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 " 4- pATTI UR -' FOR PLAINTIFF I Lr;;-tL! C4✓iii Y PENNSYLVANIA CP -SRMOF II 2012 -A TRUST, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE Plaintiff v. Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -5207 -CIVIL FLOYD P. MACKEY DONNA L. MACKEY Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. 2012. Plaintiff commenced this foreclosure action by filing a Complaint on August 21, 2. Judgment was entered on January 3, 2013 in the amount of $152,724.82. 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. 792751 4. The Property is listed for Sheriffs Sale on June 4, 2014. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through June 4, 2014 Legal fees Cost of Suit and Title Sheriffs Sale Costs Escrow to be Paid Escrow Deficit $135,929.45 $29,523.82 $2,225.00 $1,997.26 $868.85 $426.46 $9,743.58 TOTAL $180,714.42 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 23, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B ". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an Order to Make Rule Absolute Certified dated March 26, 2013. 792751 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP AG A° Justin F`. /beski ATT! ' EY FO squire PLAINTIFF 792751 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 CP -SRMOF II 2012 -A TRUST, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE Plaintiff v. FLOYD P. MACKEY DONNA L. MACKEY Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -5207 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES L BACKGROUND OF CASE FLOYD P. MACKEY and DONNA L. MACKEY 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 1 IAN COURT, SHIPPENSBURG, PA 17257 -8206. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be 792751 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. 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 792751 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 792751 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 Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, 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. 792751 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 attomey'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 792751 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 Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 792751 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. 792751 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: By: Phelan Hallinan, LLP Justin Kobeski, Esquire Att ney for Plaintiff 79275] Exhibit "A" 792751 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, L.P. F/KJA COUNTRYWIDE HOME LOANS SERVICING, L.P. vs. FLOYD P. MACKEY DONNA L. MACKEY Attorney for Plaintiff' CUMBERLAND COUNTY COURT OF COMMON PL CIVIL DIVISION No. 12-5207-CIVIL 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 FteiialY.Ii. 1stACBEY and DONNA L. MACKEY, Defendants for failure to file an Answer to Plaintiff's Complaint within • 20.days'from service thereof and for•foreclosure and sale of the 'mortgaged premises, and assess Plaintiff's damages.as follows: ' As set forth in Complaint TOTAL $152,724.82 $152,724.82 I hereby certify that. (1) the Defendants' last known addresses are 12903 PEN MAR ROAD, WAYNESBORO, PA 17268 -9459 and 1 IAN COURT, SHIPPENSBURG, PA 17257- 8206, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date Q I l ! han Lobb, Esq., Id. No.312174 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO .298989 Exhibit "B" 792751 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania April 16, 2014 FLOYD P. MACKEY DONNA L. MACKEY 12903 PEN MAR ROAD WAYNESBORO, PA 17268-9459 RE: CP-SRMOF II 2012-A TRUST, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE v. FLOYD P. MACKEY and DONNA L. MACKEY Premises Address: 1 IAN COURT SHIPPENSBURG, PA 17257 CUMBERLAND County CCP, No. 12-5207-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 4/21/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be aided accordingly. Very tr - iy y Esq., Id. No.200392 rney or Plaintiff Enclosure 792751 Name and Address Of Sender Line 2 3 on1 Article Number Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Total Number of Pieces Listed by Sender Form 3877 Facsimile JOH of Addressee, Street, and Post Office Address FLOYD P. MACKEY DONNA L. MACKEY 12903 PEN MAR ROAD WAYNESBORO, PA 17268-9459 FLOYD P. MACKEY DONNA L. MACKEY 1 IAN COURT SHIPPENSBURG, PA 17257 -8206 RE: FLOYD P. MACKEY (CUMBERLAND) PH # 792751/1200 Taal Number of Pieces Received at Post Office Posunaster, Per (Name of Receiving Employee) Postage 50.47 50.47 Page 1 of 1 50.94 The full declaration of value is required on all domestic and international registered mail. The max) for the reconstruction of nonnegotiable documents under Express Mail document reconstruction ins, piece subject to a limit of 5300,000 per occurrence The maximum indemnity payable on Express h The maximum indemnity payable is 523,000 for registered mail, sent with optional insurance. Sec I R900 8913 and S921 for limitations of coverage.. 79275E 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 CP-SRMOF II 2012-A TRUST, U.S. BANK Court of Common Pleas TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS : Civil Division TRUSTEE Plaintiff CUMBERLAND County v. No.: 12-5207-CIVIL FLOYD P. MACKEY DONNA L. MACKEY Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. FLOYD P. MACKEY DONNA L. MACKEY 12903 PEN MAR ROAD WAYNESBORO, PA 17268-9459 DATE: By: FLOYD P. MACKEY DONNA L. MACKEY 1 IAN COURT SHIPPENSBURG, PA 17257-8206 Phelan Hallinan, LLP Justin F24seski, quire ATTSd EY FOR PLAINTIFF 792751 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CP-SRMOF II 2012-A TRUST, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT 1-N1 ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE Plaintiff v. FLOYD P. MACKEY DONNA L. MACKEY Defendants RULE AND NOW, this 30 day of 4, 1 Court of Common Pleas Civil Division CUMBERLAND County No.: 12-5207-CIVIL 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY HE COUR 4 J. rr rT1 :17.10 77 792751 stin F. Kobeski, Esq., Id. No.200392 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ......./C6)YD P. MACKEY DONNA L. MACKEY 12903 PEN MAR ROAD WAYNESBORO, PA 17268-9459 e /e&,(Et ok/ ./TLOYD P. MACKEY DONNA L. MACKEY 1 IAN COURT SHIPPENSBURG, PA 17257-8206 792751 792751 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 t; -i. PfiUiHONO 20IHAY-6 AM q.�.qq 7�tti�rdey for Plaintiff CU,� BF!ZL A ND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-SRMOF II 2012-A TRUST, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE Plaintiff, v. FLOYD P. MACKEY DONNA L. MACKEY Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 12 -5207 -CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: 5,A/79 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 # 792751 CP-SRMOF II 2012-A TRUST, U.S. BANK TRUST COURT OF COMMON PLEAS NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE CIVIL DIVISION Plaintiff NO.: 12 -5207 -CIVIL v. FLOYD P. MACKEY CUMBERLAND COUNTY DONNA L. MACKEY Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Cp-srmof II 2012-a Trust, U.S. Bank Trust National Association, Not in Its Individual Capacity But Solely as Trustee, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1 Ian Court, Shippensburg, PA 17257-8206. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) FLOYD P. MACKEY DONNA L. MACKEY 12903 PEN MAR ROAD, WAYNESBORO, PA 17268-9459 12903 PEN MAR ROAD, WAYNESBORO, PA 17268-9459 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) FLOYD P. MACKEY 12903 PEN MAR ROAD WAYNESBORO, PA 17268-9459 DONNA L. MACKEY 12903 PEN MAR ROAD WAYNESBORO, PA 17268-9459 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. PH # 792751 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 ADAMS ELECTRIC COOPERATIVE INC Address (if address cannot be reasonably ascertained, please indicate) 1338 BIGLERVILLE ROAD, P.O. BOX 1055 GETTYSBURG, PA 17325 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 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 1 IAN COURT SHIPPENSBURG, PA 17257-8206 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 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: +Ws/M. PH # 792751 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 Name and Phelan Hallinan, LLP Address gini 1617 JFK Boulevard, Suite 1400 Of Sender One Penn Center Plaza Philadelphia, PA 19103 AZK/SCS - 06/04/2014 SALE .4. a ,ro � p R CN C { — o N '4° o 4, Line Article Number Name of Addressee, Street, and Post Office Address Postage Q h e 72 1 **** TENANT/OCCUPANT 1 IAN COURT SHIPPENSBURG, PA 17257-8206 $0.45 14 U$ No. ci ash; w- a.- �,q. a 2 **** ADAMS ELECTRIC COOPERATIVE INC 1338 BIGLERVILLE ROAD, P.O. BOX 1055 GETTYSBURG, PA 17325 $0.45 +"- ,%.` ' ' i't- , 14. : 3 **** DOMESTIC RELATIONS OF CUMBERLAND COUNTY 13 NORTH HANOVER STREET $0.45 *�"�' '..�'}'1 `..1�� ' i CARLISLE, PA 17013 **** 4 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE $0.45 P.O. BOX 2675 HARRISBURG, PA 17105 k� U ,SER 5 **** INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 $0.45 u• o. -E 6 **** U.S. DEPARTMENT OF JUSTICE $0.45 U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 Yes P. MA PH #792751/10211-- - - 'Page 1 - - $2.70 , ... Total Number of Pieces Listed by Sender Total Number of Piers 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 foethc reconstruction of normegotiabte documents under Express Mail document reconstruction insurance is S50,000 per piece subject so a limit of $500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is 5500. The maximum indemnity payable is S25.000 for registered mail, sent with optional insurance. Sec Domestic Mail Manual R900 5913 and S921 for limitations of coverage. Farm 3877 Facsimile Phelan Hallinan, LLP• )r Jonathan Lobb, Esq., Id. No.312174 2Ulli [ E` r' ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 C One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 P ENNS YL VA NIA' CP-SRMOF II 2012-A TRUST, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE Plaintiff vs. Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -5207 -CIVIL FLOYD P. MACKEY DONNA L. MACKEY Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 30, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. FLOYD P. MACKEY DONNA L. MACKEY 12903 PEN MAR ROAD WAYNESBORO, PA 17268-9459 DATE: By: Jo an Lobb, Esq., Id. No.312174 Attorney for Plaintiff FLOYD P. MACKEY DONNA L. MACKEY 1 IAN COURT SHIPPENSBURG, PA 17257-8206 Phelan Hallinan, LLP 792751 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r'l E -L -' F O (`. Sheriff +,� �� THE F� ' < <r � NlT�1��1 Jody S Smith Chief Deputy Richard W Stewart Solicitor OFF:iCE ME IFF 2114 JUN 2: 52 CUMBERLAND COUNTY PENNSYLVANIA Bank of America N.A. vs. Case Number Floyd P. Mackey (et al.) 2012-5207 SHERIFF'S RETURN OF SERVICE 03/28/2014 12:00 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 1 Ian Court, Southampton - Township, Shippensburg, PA 17257, Cumberland County. 05/28/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $739.39 May 30, 2014 'i CountySvi.e ;neriff, Teleescft, Inc. SO ANSWERS, RONIV ANDERSON, SHERIFF AO 300/ On March 3, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA, Known and numbered 1 Ian Court, Shippensburg, o as Exhibit "A" filed with LP) a this Writ and by this Reference incorporated herein. l.f) is ;- CC Date: March 3, 2014 C --)4R: L:_ r ..- 'J_ ....r, C5 CT.- fV By: Real Estate Coordinator LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2012-5207 Civil Term Bank of America N.A. vs. Floyd P. Mackey Donna L. Mackey Atty.: Joseph Schalk By virtue of a Writ of Execu- tion No. 12 -5207 -CIVIL, BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP f/k/a COUNTRY- WIDE HOME LOANS SERVICING, LP v. FLOYD P. MACKEY, DONNA L. MACKEY owner(s) of property situ- ate in SOUTHAMPTON TOWNSHIP, CUMBERLAND County, Pennsylva- nia, being 1 IAN COURT, SHIPPENS- BURG, PA 17257-8206. Parcel No. 39-13-0102-076. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $152,724.82. 78 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,/Editor SWORN TO AND SUBSCRIBED before me this 2 day of May, 2014 0,a(61,4.60 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 The Patriot -News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 �e patriot*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. 2012-5207 Civil Term Bank of America N.A. Vs Floyd R Mackey Donna L. Mackey Atty: Joseph Schalk' By virtue of a Writ of Execution No. 12 -5207 -CIVIL BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP v. FLOYD P. MACKEY DONNA L. MACKEY owner(s) of property situate in SOUTHAMPTON TOWNSHIP, CUMBERLAND County, Pennsylvania, being 1 IAN COURT, SHIPPENSBURG, PA 17257-8206 Parcel No. 39-13-0102-076 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $152,724.82 This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 Swor to n, subscribed before me ' r 1 I Nota• 2 day of Ma , 2014 A.D. Public CO %MONWEALTH Of. PENNSYIJAN1A Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA a<cnrtimon' OF Nn+i Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 F PROTHOHO i r; 23114 JUN 27 AMU: 18 SJU PENNSYLVAN A'f dT Attorney For Plaintiff CP-SRMOF II 2012-A TRUST, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE Plaintiff v. FLOYD P. MACKEY DONNA L. MACKEY Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 12 -5207 -CIVIL PRAECIPE TO THE PROTHONOTARY: n Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ❑ Please mark the above referenced case Settled, Discontinued and Ended. Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ❑ Please Vacate the Judgment entered. Date: Oitt,v(N PH # 792751 PHELAN H B Courtenay R. Dunn, Esq., Id. No.206779 Attorney for Plaintiff AN, LLP 44. so prATTV iLtaq &Gs Pr3o77(v5 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff CP-SRMOF 11 2012-A TRUST, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE Plaintiff v. FLOYD P. MACKEY DONNA L. MACKEY Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 12 -5207 -CIVIL CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: FLOYD P. MACKEY DONNA L. MACKEY 12903 PEN MAR ROAD WAYNESBORO, PA 17268-9459 Date: (livofcK PHELAN HALL , LLP By. Courtenay R. Dunn, Esq., Id. No.206779 Attorney for Plaintiff