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Home My WebLink About12-6074i `sk~~"~1 ; ~~ayT '7 S~#' 2$ A~ l0~ 27 "~MEft~~ND CQUNTY ~'ENNSYLVANIA PHELAN HALLINAN &. SCHNIIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff v. CATHERINE MAHR A/K/A CATHERINE E. MAHR 345 NORTH COLLEGE STREET CARLISLE, PA 17013-1844 Defendant ~.. ~. ._. _~ _ ..~ „~ ~ ' 'l ~~. q : 1 1 ~ s ~ f4~ ~ .+ .. ~ ~..++~~++ + . 1 > t~. ~ T ~-q . . ~ q <<~ ~ - ... ~-,; ~O ~f-~~ ~ h ~:. -i ~ ' __.J _, _ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. _ G~ ~~ ~ a ~o~~ CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 308751 C~~ug.~s~ a~1 Q ~,et ~a3vcQ1 ~2,~a g~ 3~ a 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 MAYBE 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 #: 308751 1. Plaintiff is BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: CATHERINE MAHR A/K/A CATHERINE E. MAHR 345 NORTH COLLEGE STREET CARLISLE, PA 17013-1844 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/27/2009 CATHERINE MAHR made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR FIRST NATIONAL BANK OF CHESTER COUNTY THRU AM HOME BANK DIVISION which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200926095. By Assignment of Mortgage recorded 03/13/2012 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201207307.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 308751 5. 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2012 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage as of 09/06/2012: Principal Balance $111,205.43 Interest $4,077.52 02/01/2012 through 09/30/2012 Late Charges $34.63 Property Inspections $15.00 Escrow Deficit 1 195.95 TOTAL $116,528.53 7. 8 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; howevez, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to File #: 308751 meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $116,528.53, 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. HALLINAN & SCHMIEG, LLP By: Esq., Id. No.310592 Attorney for Plaintiff File #: 308751 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate on the east side of North College Street in the Borough of Cazlisle, Cumberland County, Pennsylvania, more particulazly bounded and described as follows: BEGINNING at a point on the east side of North College Street, which point is in the line dividing the property hereby conveyed, and the property now or formerly of Albert L. Nickey, known as 349 North College Street, which point is 50.00 feet south of Lincoln Street; thence Southwardly along North College Street, 35.00 feet, more or less, to an extension of the division wall between the double house known as 343 and 345 North College Street; thence Eastwazdly by the center line of said division wall and an extension thereof, 175.00 feet, more or less, to the west side of an alley; thence Northwazdly by said alley, 35.00 feet, more or less, to property now or formerly of Albert L. Nickey; thence Westwazdly along said Nickey property, 175.00 feet to the Place of BEGINNING. BEING improved with the northern half of a double frame dwelling house known as 345 North College Street, Cazlisle TAX PARCEL #OS-20-1798-040 PROPERTY ADDRESS: 345 NORTH COLLEGE STREET, CARLISLE, PA 17013-1844 PARCEL # 05-20-1798-040 File ~: 308751 VERIFICATION hereby states that he,~i is~s~IIP~"P.fl~lof BANK OF AMERICA, N.A., Plaintiff in this matter, that he/~is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his, ie 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: JCUTL111bP.r a~p,~OIo1 File#: 308751 Name: MAHR ~d~ Name: M~Kay Dodds Ehrman Title: I4ss~ Sfun fi vi r c Prcfid en+ BANK OF AMERICA, N.A. File #: 308751 Pa. R. C.P. 205. S 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) vs. CATHERINE MAHR A/K/A CATHERINE E. MAHR Defendant(s) FORM 1 Updated 01/01/2011 IN THE COURT OF COMMON PLUS ~ '~' OF CUMBERLAND COUNTY, PENNS~.3~,VA~A ~ ,^,~ ~~ ~ u7r-- ~ ~.='~ ~~ ~ ~~ C ~ s~» C3 -°''n 3n c~ ~ ~ c~7 ?=~ ~ 'T~ ~rYt ~ ~ ~? (~ --~. ~' ~~ lCivil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact Mid'enn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal repres~tative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity tomeet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQULRED BY THIS NOTICE. THIS PROGRAM IS FREE. bm i tted: ~6 (~'!~ Date Matth~ushwood, Esq., Id. No.310592 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ^ No ^ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ^ No ^ Mailing Address (if different): City: _ State: zip: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of peaple in household: Home: Office: Cell: Other: How long? State: Zjp: Home: Cell: Office: Other: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: I_s the loan in Bankruptcy? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of E-nployers: I . Monthly Gross. 2. Monthly Gross, 3. Monthly Gross, Additional Income Description (not wages): l . monthly amount: 2. monthly amount: _ Monthly Net. Monthly Net. Monthly Net. Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a >e Food 2°~ Mort a e Utilities Car Pa ment(s) Condo/Nei h. Fees Auto Insurance Med. (not covered) Auto fuel/re airs Other ro a meat Install. Loan Pa meat Cable TV Child Su ort/Alien. S endin Mone Da /Child Care/Tuft. Other Ex enses 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:. Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: Phone: I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named .. Borrower Signature Co-Borrower Signature Date Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship fetter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ,r1* 4-utrnb?.?. L i-% Bank of America, NA vs. Catherine E. Mahr Case Number 2012-6074 SHERIFF'S RETURN OF SERVICE 10/08/2012 07:45 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on October 8, 2012 at 1945 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Catherine E. Mahr, by making known unto herself personally, at 345 N. College Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $34.00 October 10, 2012 STEPHEN BENDER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ic) "OUNySUITP Shecff, I01rO I, is . r r" Phelan Hallinan, LLP �$ r ° : Jonathan Lobb, Esq.,Id.. 14' ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, St ,k One Penn Center Plaza g> + ' � i� i Philadelphia, PA 19103 Jonathan.Lobb @phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A.,AS SUCCESSOR Court of Common Pleas BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME Civil Division LOANS SERVICING, LP - Plaintiff CUMBERLAND Co ' V. No.: 12-6074-CIVIL... ` CATHERINE E. MAHR A/K/A CATHERINE MAHR Defendant y PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on September 28, 2012. 2. Judgment was entered on January 4, 2013 in the amount of$116,528.53. 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. 308751 4. The Property is listed for Sheriffs Sale on June 5,2013. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $111,205.43 Interest Through June 5, 2013 $8,664.73 Late Charges $34.63 Legal fees $1,300.00 Cost of Suit and Title $798.75 Property Inspections $15.00 Mortgage Insurance Premium/Private Mortgage Insurance $396.16 Escrow Deficit $1,095.71 TOTAL $123,510.41 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability,as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on March 20, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9)and certification of mailing are attached hereto, made part hereof, and marked as Exhibit`B". 10. No judge has previously entered a ruling in this case. 308751 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: 3 2 2 la B y:_ /1-,0;1�C,�?// r Tan Lobb, Esquire ORNEY FOR PLAINTIFF 308751 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A., AS SUCCESSOR Court of Common Pleas BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME Civil Division LOANS SERVICING, LP Plaintiff CUMBERLAND County V. No.: 12-6074-CIVIL CATHERINE E. MAHR A/K/A CATHERINE MAHR Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE CATHERINE E. MAHR A/K/A CATHERINE MAHR 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 345 NORTH COLLEGE STREET, CARLISLE, PA 17013- 1844. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly,after it was clear that the default would not be 308751 cured,Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriff s Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179(1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 308751 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns,414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment,and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276(1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 308751 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 308751 Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. V1. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 308751 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. V11. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage,Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as 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 Sheriff s sale date, as their interests will be divested by the Sheriff's sale. Accordingly,the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law pen-nit Plaintiff to recover these sums through its 308751 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property,not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety,which will not cause harm to the Defendants. V111. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage,the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default,the 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. 308751 Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore,Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: 31:27113 By; than Lobb,Esquire ttorney for Plaintiff 308751 Exhibit "A" 308751 PHELAN.HAI:LLINAN,LLP Attorney for Plaintiff Jonathan Lobb,Esq.,Id.No.312174. ' 1617 JFK Boulevard,Suite 1400 One 1?cntn Center'Plaza pl O F Philadelphia,PA 19T03 , _� %'` ` " 215-563-7000 BANK OF AMERICA,N.A.,AS ' CUMBERLAND COUNTY ' `SUCCM0RaV MERGER HOME*LOANS SERVICING,LP IF/K/A COURT OF COMMON PL COUNTRYWIDE HOME LOANS, SERVICING,LP CIVIL.DIVISION ... ' vs. No.12-074-CIVIL CATHERINE MAHR AMA CATHERINE E.MAHR PRA$CIPE FOR II1t , Ob T FOR FA II.[]XE TO : ,.::'• ANSWER ANWASUS0006 OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor-of the Plaintiff and against CATHERINE MAHR AMA CATHE>Q»E.M-A>E LIL Defendant for failure to file an Answer to Plaintiffs; Coatpaaint witltip? _ilecvioo tlmac+eof and fob foraclosuce aqd sale Of the mortgaged., imid AM• `. _ - �5�. 1� v' `. X74 '^ o. ...• TOTAL $116,528.53 I hereby certify that(1)the Defendant's last known address is 34fmdffAbLLEGE STREET,CARLISLE,PA 17013-1844, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 01 /62hz J an Lobb,Esq., Id.No.312174 AtWHICY iii i DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO 308751 I Exhibit "B" 308751 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 and New Jersey March 20t",2013 CATHERINE E.MAHR A/K/A CATHERINE MAHR 345 NORTH COLLEGE STREET CARLISLE,PA 17013-1844 RE: BANK OF AMERICA,N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP v. CATHERINE E. MAHR,A/K/A CATHERINE MAHR Premises Address: 345 NORTH COLLEGE STREET CARLISLE,PA 17013 CUMBERLAND County CCP,No. 12-6074-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days,by 3/26/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very irti1, yours, 1,sa1)b l�Isq.. Id. No.312174 Attorney for Plaintiff Enclosure 308751 Name and Phelan Hallinan,LLP Address 1617 JFK Boulevard,Suite 1400 Of Sender One Penn Center Plaza Pililadelitia,PA 19,103 KVM Lme —Article Number_! Name of Addressee,Street.and Post Office Address PnstaEe CATHERINE E..N1AHR $0.46 CATHERINE E.MAHR 345 NORTH COLLEGE STREET CARLISLE,PA 17013-1844 RE:CATHERINE E.MAHR AIKJA CATHERINE MAHR(CUMBERLAND) PHS th 30875111200 $0.46 Page I of I Total Number of Total Number WofPi,�c_,es Postmaster,Per(Name of registered mail The full is required on ail domestic and mwnx�n Pieces Listed by Sender Received at Post Office Receiving Employee) for the reconstruction of nonnegotiable documents under Express Mail document reconstTuc piece subject to a limit of 5500,000 per occurrence The maximum indemnity payable on E The maximum indemnity payable is 525,000 for registered mail,sent with optional insuran< P_ R900 S913 and 5921 I'm howilium, - Fa _ ��r_m387 7 Facsimile 308751 A Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A., AS SUCCESSOR Court of Common Pleas BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME Civil Division LOANS SERVICING, LP Plaintiff CUMBERLAND County V. No.: 12-6074-CIVIL CATHERINE E. MAHR A/K/A CATHERINE MAHR Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. CATHERINE E. MAHR A/K/A CATHERINE MAHR 345 NORTH COLLEGE STREET CARLISLE,PA 17013-1844 Phelan Hallinan,LLP DATE: 3 27 /3 By: e�2�- athan Lobb,Esquire ATTORNEY FOR PLAINTIFF 308751 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 PHS#308751 _ HOME LOANS SERVICING,LP1•, DEFENDANT SERVICE TEAM/lxh CATHERINE E.MAHR A/K/A CATHERINE MAHR COURT NO.:12-6074-CIVIL '"' t -.0 SERVE CATHERINE E.MAHR A/K/A CATHERINE MAHR AT: TYPE OF ACTION 4 ;" 345 NORTH COLLEGE STREET XX Notice of Sheriffs Sale _ CARLISLE,PA 17013-1844 SALE DATE: June 5,2013 �.'"` SERVED " / Served and made known to CATHERINE E. MAHR A/K/A CATHERINE MAHR, Defendant on the day of /j 20 LI,at °l,in the manner described below: � �°�,o'clock M.,at ��S d�0`{� Cd�r'C'�fC Defendant personally served. _Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _Other: _ 2 f Description: Age 30 Height Weight �af Race- Sex�7 Other I, t! & PM ", a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Safe in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Lr DATE: 02 3 NAME: r PRINTED NAME: TITLE: NOT SERVED On the dayy of 20_,at o'clock .M., I, a competent adult hereby state that�fendant NOT 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 l3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND+COC.INTY PENNSYLVANIA BANK OF AMERICA,N.A.,AS SUCCESSOR Court of Common Pleas BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME Civil Division LOANS SERVICING, LP Plaintiff CUMBERLAND County V. No.: 12-6074-CIVIL CATHERINE E. MAHR A/KJA CATHERINE MAHR Defendant RULE AND NOW,this &A day of .w i 2013, a Rule is entered upon the Defendant i, to show cause why an Order should'not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a 1i [ Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T1 YCOURT J. 4 CZ : t '# 308751 Jonathan Lobb,Esq:,Id.No.3j2174 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215)563-3459 CATHERINE E. MAHR A/K/A CATHERINE MAHR 345 NORTH COLLEGE STREET CARLISLE,PA 17013-1844 308751 t 308751 l" Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A., AS SUCCESSOR Court of Common Pleas BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME Civil Division LOANS SERVICING, LP Plaintiff CUMBERLAND County vs. No.: 12-6074-CIf—i ;; rnC =C-n M rn CATHERINE E. MAHR � ,r- A/K/A CATHERINE MAHR a Defendant _ 5 c:? Q r,, CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 2, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. CATHERINE E. MAHR A/K/A CATHERINE MAHR 345 NORTH COLLEGE STREET CARLISLE,PA 17013-1844 Phela Ilina P DATE: By: o than M. Etkowicz,Esq., Id. No.208786 ttorney for Plaintiff 308751 PRA N0 C NO TAj � 1013'A Y _ 2 10: 02 !=G'i8ER L A ND FEN°�sYC.ViCPv��,l}� Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman @phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR Court of Common Pleas BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE Civil Division HOME LOANS SERVICING, LP Plaintiff CUMBERLAND County VS. No.: 12-6074-CIVIL CATHERINE E. MAHR A/K/A CATHERINE MAHR Defendant MOTION TO MAKE RULE ABSOLUTE BANK OF AMERICA, N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on March 28, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on March 20, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any 308751 response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Kevin Hess on or about April 2, 2013 directing the Defendant to show cause by April 22, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on April 12, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of April 22, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. helan 15LP DATE: B Allis . Zuckerman, Esq., Id. No.309519 Attorney for Plaintiff 308751 Exhibit "A" 308751 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 and New Jersey March 20th,2013 CATHERINE E. MAHR A/K/A CATHERINE MAHR 345 NORTH COLLEGE STREET CARLISLE,PA 17013-1844 RE: BANK OF AMERICA,N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP v. CATHERINE E. MAHR, A/K/A CATHERINE MAHR Premises Address: 345 NORTH COLLEGE STREET CARLISLE,PA 17013 CUMBERLAND County CCP,No. 12-6074-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 3/26/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. ver\' trul'' J �flhan LObbl ESLI.,Id.No.312174 Attorney for Plaintiff Enclosure 308751 Name and Phelan Hallinan,LLP W Q r"� Address 1617 JFK Boulevard,Suite 1 400 Of Sender One Penn Center Plaza >M CO Philadelphia,PA 19103 KVM Line Article Number Name of Addressee,Street,and Post Office Address Ppstaae 1 **** CATHERINE E.MAHR $0.46 U. CATHERINE E.MAHR M t� 345 NORTH COLLEGE STREET CARLISLE,PA 17013-1844 RE:CATHERINE E.MAHR A/K/A CATHERINE MAHR(CUMBERLAND) PHS#308751/1200 $0.46 Page I of I � . •, k , Total Number of Total Number of Pieces Postmaster,Per(Name of The full dectaietign of valtie is required on ail domestic and international registered mail T Pieces Listed by Sender Received at Post Office Receiving Employee) for the reconstruction of nonnegotiable documents under Express Mail document reconstruc r _ piece subject to a limit of$500,000 per occurrence, The maximum indemnity payable on E The maximum indemnity payable is 525,000 for registered mail,sent with optional insuranc R9005911 and Sb ZE ftrlim€tntions ofuwtvrx Form 3877 Facsimile 308751 Exhibit "B" 308751 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA,N.A., AS SUCCESSOR Court of Common Pleas BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME Civil Division LOANS SERVICING, LP Plaintiff CUMBERLAND County V, No.: 12-6074-CIVIL CATHERINE E. MAHR A/K/A CATHERINE MAIIR Defendant RULE. AND NOW,this a day of 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J r-,Y rri C-- C- 308751 Jonathan Lobb,Esq.,Id.No.312174 Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 CATHERINE E. MAHR A/K/A CATHERINE MAHR 345 NORTH COLLEGE STREET CARLISLE,PA 17013-1844 308751 Exhibit "C" 30871 Phelan Hallinan, LLP Jonathan Lobb, Esq.,Id.No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A., AS SUCCESSOR Court of Common Pleas BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME : Civil Division LOANS SERVICING, LP Plaintiff CUMBERLAND County V. No,: 12-6074-CIVII, CATHERINE E. MAHR A/K/A CATHERINE MAHR Defendant gyp.+.harp CERTIFICATION 0,1? SERVICE I hereby certify that true and correct copies ol'Plai tit,ft's Motion to Reassess Datn";;01 and Brief in Support thereof,were sent to the following individual on the date indicated below. CATHERINE E. MAHR A/K/A CATHERINE MAHR 345 NORTH COLLEGE STREET CARLISLE,PA 17013-1844 Phelan Hallinan,LLP DATE: - — 12? B _ "......__ -_.._"... J.94atban Lobb Esquire °I'"{`()RNEY FOR PLAINTIFF 308751 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman @phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A., AS SUCCESSOR Court of Common Pleas BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE Civil Division HOME LOANS SERVICING, LP Plaintiff CUMBERLAND County vs. No.: 12-6074-CIVIL CATHERINE E. MAHR A/K/A CATHERINE MAHR Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. CATHERINE E. MAHR A/K/A CATHERINE MAHR 345 NORTH COLLEGE STREET CARLISLE, PA 17013-1844 6y: el nckerman,LP DATE: lison Esq., Id. No.')09519 Attorney for Plaintiff 308751 c M M�= =t, C) )'C) PHELAN HALLINAN,LLP Attorney for Plaintiff p John Michael Kolesnik,Esq.,Id.No.308877 D 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Y" Philadelphia,PA 19103 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.: 12-6074-CIVIL CATHERINE E.MAHR A/K/A CATHERINE MAHR 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 d/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached h et it"A". ?orney' ichael Kolesnik,Esq.,Id.No.308877 / 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#308751 ne and" � Phelan Hallinan,LLP ifess 1617 IFK Boulevard,Suite 1400 Sender One Penn Center Plaza °CNI r Philadelphia,PA 19103 AZK/M3G-0610SC013 SALE " e Article Number Name or Addressee Street,and Post Office Address Postage r TENANT/OCCUPANT SO•44 a g 345 NORTH COLLEGE STREET + $ CARLISLE,PA 17013-1844 `t l *'++ DOMESTIC RELATIONS OF $0•d4 0 CUMBERLAND COUNTY 13 NORTH HANOVER STREET vs !z tvo CARLISLE,PA 17013 Poo ++'* COMMONWEALTH OF PENNSYLVANIA $0.44 DEPARTMENT OF WELFARE P.O.BOX 2675 HARRISBURG PA 17105 +Aik INTERNAL REVENUE SERVICE ADVISORY SO.44 a, 1000 LIBERTY AVENUE ROOM 704 ++++ PITTSBURGH PA 15222 U.S.DEPARTMENT OF JUSTICE $0.44 U.S.ATTORNEY FOR THE MIDDLE DISTRICT OF"PA tI FEDERAL BUILDING 228 WALNUT STREET,SUITE 220 PO BOX 11754 HARRISBURG,.PA 17108-1754 .REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND ADMINISTRATIVE OFFICES 114 NORTH HANOVER STREET CARLISLE,PA 17013 CUMBERLAND COUNTY AFFORDABLE HOUSING TRUST FUND 114 NORTH HANOVER STREET CARLISLE,PA 17013 20 Page I of 1 Writ Team 1 Nunbaof Tow NtmtaotPiom lbstfawo,Pet(Name or The rota awl"ion orraloc is mgtM M all domestic aad inrr�eetisured mwL The maximum indemnity psy" a lined by Seada Reodwa m Pon Offre Reeding Employs) foe the taoasttncdoo of outnel Liable documents wKW Exp bW doumtent raoowtodioo itowanto is$$0,000 par pion aubiva to a limit of$500,000 pa oocurtence.Tbc asaaimtmt indemnity payabk oa Espess Mu7 ercselu+alee is 5300. The ma:immn adcmeity pry is$23,000 foe seVst..a mail,teal with optiaul irtsurarcr.S.tawrvie Mail Motel R9005913 and 5921 for lowstiosu ofeosKra . rm 3877 Facsimile C') C-- Attorney for Plaintiff PHELAN HALLINAN,LLP C) John Michael Kolesnik,Esq.,Id.No.308877 CID 1617 JFK Boulevard,Suite 1400 < C:)Ill One Penn Center Plaza =S r s C) Philadelphia,PA 19103 y. Z5 215-563-7000 00 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 -6074-CIVIL V. No.: 12 CATHERINE E.MAHR A/K/A CATHERINE MAHR 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 Lienbolders 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) ajwWor Certified Mail Return Receipt stamped by the U.S.Postal Service is attached her John MA Esq.,Id.No.308877 Date- ev, Attorey for Plaintiff I UVIPORTANT 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#308751 ne and _{ 3 Phelan flallivan,LLP cress 1617 JFK Boulevard,Suitt 1400 tl Sender No One Penn Center Plaza Philadelphia,PA 19103 .4ZKIM,1G-06105t2013 SALE t Article Number Name of Addrtsst Street and Past Office Address Postage . n '* TENANTIOCCUPANT $0.44 1 345 NORTH COLL.FGF STREff CARLISLE PA 27013-IM4 •••• DOMESTIC RELATIONS OF $0.44 CUMBERLANDcinNTY 13 NORTH HANOVER STREET CARLISLE PA 17013 **•' COMMONWEALTH OF PENNSYLVANIA 511.44 a ' DEPARTMENT OF WELFARE P.O.BOX 2675 HARRTSRURC PA 17105 f. *'*yk INTERNAL REVENUE SERVICE ADVISORY 50.44 �. 1000 LIBERTY AVENUE ROO.W 704 PIrTSBURIGH.PA 15222 U.S.DEPARTMENT OF JUS'T'ICE 50.44 U.S.ATI ORNEY FOR THE MIDDLE DISTRICT OF PA / FEDERAL BUILDING 228 WALNUT STREET,SUITE 220 PO BOX 11754 HARRISBURG,PA 1710 8-1754 REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND ADMINISTRATIVE OFFICES 114 NORT11 HANOVER STREET CARLISLE,,PA 17013 CUMBERLAND COUNTY AFFORDABLE:ROUSING TRUS I'FUND t 14 NORTH HANOVER STREET CARLISLE,PA 17013 RE tfAff 20 Page I of l Writ Ttaaa tNnsibera( TCWN7tntetCrt'i<ea- foaaaae,,Per(Npa,ern TheMdataradoWvalaeB++ +hcdmbi4*axs,iesaltactastwalreStpCredtaut,TSKm�eWaamta4mnryPa}�t,k ,r t.w+d bys.nts R.osi.+d uPat Olga a.aiNa�fmdor�+> talMne.trtueSoe eraaan,y,7tisHe dxa,wws wfdr fitlDtw MA ds w"tt+.mr-arm i*tmsen,isS$C,40E p. pint atbitu a r Ymtt atf50D904 per ucwxcaoe.TAt eauiaaan iradesmirYOa>�it oaErytesc Mn7 oeetfia�sse it 5540. Therrux�twnirtkmaityyuyrbkisS23p00forrcgdaexdnai�Sae�.itT,optintufirovnnce.SagamncicM,iiNanui tt4Jb 1913 oat 5521 tbt IMPM1*0 tfowfw ,rm 3877 Facsimile IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR Court of Common Pleas BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE Civil Division HOME LOANS SERVICING, LP Plaintiff CUMBERLAND Cd=itjM vs. No.: 12-6074-CIV� -<> C c CATHERINE E. MAHR cam'. -'a A/K/A CATHERINE MAHR fz Defendant -c ORDER AND NOW, this S` day of /hc) , 2013, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $111,205.43 Interest Through June 5, 2013 $8,664.73 Late Charges $34.63 Legal fees $1,300.00 Cost of Suit and Title $798.75 Property Inspections $15.00 Mortgage Insurance Premium/Private Mortgage $396.16 Insurance Escrow Deficit $1,095.71 TOTAL $123,510.41 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriff's commission is not included in the above figure. 308751 BY CO J. Co k.s a`t.t'�L SAP 308751. FILED=O r ICE OE THE PROTHONOTARY 2013JaN10 'PH E: O3 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Court of Common Pleas F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Civil Division 7105 CORPORATE DRIVE Tenn PLANO, TX 75024 No. 2012=6074-Civil Plaintiff V. Cumberland County CATHERINE MAHR A/K/A CATHERINE E. MAHR 345 NORTH COLLEGE STREET CARLISLE, PA 17013-1844 Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, Bank of America, N.A., Successor (hereinafter "Plaintiff"), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On September 28, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for her failure to make monthly payments of principal and interest upon her mortgage due March 1, 2012, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. On October 8, 2012, Plaintiff completed service on Defendant of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage 308751 Foreclosure Diversion Program Notice. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint,the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Due to Defendant's failure to opt in to the program, Plaintiff inadvertently proceeded with the entry of judgment prior to lifting the stay imposed by the Diversion Program on January 4, 2013. 8. Defendant received service of the Complaint, had an opportunity to enter the Diversion Program and had an opportunity to defend the foreclosure action, but opted instead to take no action whatsoever with respect to this matter. 9. Since Defendant opted not to participate in the Diversion Program or litigated the instant foreclosure action, it is appropriate for the stay to be lifted mine pro tune and the 308751 judgment confirmed. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program, the stay be lifted nuns pro tune, and the default judgment entered January 4, 2013 is hereby confinned. Respectfully submitted, PHELAN HALLINAN, LLP Date: 7 BY: #tto Sc alk, Esquire ey for Plaintiff 308751 Exhibit A C.) '�4 Av 'ern caCr�--- N �C7 ;:%Po 00 o am N qZ PBELAN BALLINAN&SCINUEG,LLP Matthew Brushwood,Esq.,Id.No.310592 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 215-563-7000 BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP COURT OF COMMON PLEAS F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP CIVIL DIVISION 7105 CORPORATE DRIVE PLANO, TX 75024 TERM t Plaintiff No. to V. CATHERINE MAHR A/K/A CATHERINE E.MAHR CUMBERLAND COUNTY 345 NORTH COLLEGE STREET CARLISLE,PA 17013-1844 Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE ATTORNEY FILE COPY PLEASE RETURN We herebY Val" tihe within to be atr the d correct ginal filed of record File N: 308751 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 MAYBE 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 u: 308751 1. Plaintiff is BANK OF AMERICA, N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es)of the Defendants)are: CATHERINE MAHR A/K/A CATHERINE E. MAHR 345 NORTH COLLEGE STREET CARLISLE, PA 17013-1.844 who is/are the mortgagor(s)and/or real owner(s) of the properly hereinafter described. i 31.1 On 07/27/2009 CATHERINE MAHR made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR FIRST NATIONAL BANK OF CHESTER . t COUNTY THRU AM HOME BANK DIVISION which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County,in Mortgage Instrument No. 200926095. By Assignment of Mortgage recorded 03/13/2012 the mortgage was S assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201207307.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 t (g)s i which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are,of public record. j F 4. The premises subject to said mortgage is described as attached. 3 t. 3 5 File#: 308751 5.. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/201.2 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 09/06/2012: Principal Balance $111,205.43 Interest $4,077.52 02/01/2012 through 09/30/2012 Late Charges $34,,'63 Property Inspections $15,00 Escrow Deficit ;$1 TOTAL$116,528.53 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. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the'date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to File k 308751 meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s)in the sum of $116,528.53, 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,. ".HALLINAN&SCHMIEG, LLP By a aiwnpd,.Esq.,Id. No.310592 Attorney for Plaintiff i i I File lt: 308751 i 1 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate on the east side of North College Street in the Borough of Carlisle, Cumberland County,Pennsylvania,more particularly bounded and described as-follows: BEGINNING at a point on the east side of North College Street,which point is in the line dividing the property hereby conveyed, and the property now or formerly of Albert L.Nickey, known as 349 North College Street,which point is 50.00 feet south of Lincoln Street; thence southwardly along North College Street, 35.00 feet,more or less,to an extension of the division wall between the double house known as 343 and 345 North College Street;thence Eastwardly by the center line of said division wall and an extension thereof, 175.00 feet,more or less,to the west side of an alley; thence Northwardly by said alley, 35.00 feet,more or less, to property now or formerly of Albert L. Nickey; thence Westwardly along said Nickey property, 175.00 feet to the Place of BEGINNING. BEING improved with the northern half of a double frame dwelling house known as 345 North College Street, Carlisle TAX PARCEL 405-20-1798-040 PROPERTY ADDRESS: 345 NORTH COLLEGE STREET, CARLISLE,PA 17013-1844 PARCEL#05-20-1798-040 File#. 308751 VERIFICATION hereby states that he,s i is&A 2&9 f—BANK OF AMERICA,N.A., Plaintiff in this matter, that Weis 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 hisAQ 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. AA Name: d DATE: M Cray DO&Ehrma rx Title: �SSiSfant VjtCprefiden�- BANK OF AMERICA, N.A. File#: 308751 Name:MAHR File if: 308751 J)oR.CP, %05.5 Updated 0l/0J/20}/ ' FORM ( r [NTRB COURT OF COMMON PLEAS BANK CF AMERICA,N.A,AS SUCCESSOR 8Y UF CUMBERLAND COUNTY,PENNSYLVANIA MERGER TD8/\C HOME LOANS SERVICING, � LPF8K/A COUNTRYWIDE HOME LOANS ` SERVICING,LP � Plaintiff(s): vs. CATHERINE MABK4/KJA CATHERINE E. MA8R Defendant(s) Civil Y�K��l� ��l� ��K��l�Y�'�� K�'l�'� l� l�K��l[K�� .~^ =�~~�� ^�� "�"^=^` ��"= ^`=~^= ^ �^�~^�~ � ~^��~�=�U~~~ l��K7��n�l� PROGRAM "�= , =��^��` � �^�v~��~^�^,= You have been served with a foreclosure cornplaint.that could cause you to lose your home, If you own and live in the residential property which iu the subject of this foreclosure action,you may h*able to participate inu court-supervised conciliation conference in000ffbu|nroon|vn8hiumaVerv/idhyouriendec |ryouUo not hn*u«hv3ev ymlmmum!tukeU'cYwHovvingmtepo<ube*\|gib}oybruuonuM|odonconferanon. Vkrft,Within days of your rocqiptnrViio notice,you must contact Mid-Zeno|xga\8mv\mso\(717)2-13-94OO extension 3510 ur(880)82�~5�88 extension 2510 ail(]request appointmolf o[ legal representative at no mh rgehoyou Onmyou have been appoilitud.azlegal you must promptly meet wit'll that legal reprosotati-vewithin mxeury uf tile npppmnnnm date.During that n`vcung,you must provide the legal representative with all " � mqtfomte8flinuo6nih/(hnnmbm ""w ilia d|*hn,resolution prnpuoolnunh*prpm behalf. [C d legal �pr�uruh~evomp|e<wm �nuoc|pinnrkohod1n the 8zmno|14\uc�ed hereto, h � undo | Request K`rCond|ial1nnCnnb:ronmw with Um Court,whoh/nvslbe riled with within sixty JaymoCthe � service upon yuvmfihP[hnm\ouon:t*m/Ab(n|. !fyomdnxoondnonnoi||oUwnomnl'o,encnixmehmdvYmd^yooniUhuveun pppnm/nbyto mA�mt`y|0)nropmoon|m8meuryumr lender in an attempt to work out reasonable arrangements with your / lender before(ke,mm1gnaofhruo}000romoU proceeds fonwurd. IY you are ropruovm&dby..i|n*yur,you and your lawyer must take the following steps(ohu eligible for m «nn«UEetion cou$urrouu It is not necessiry lbr you to confaa MidPenn Legal Service for the appointment of a legal ropresenoutive. However.,you must provide your lawyer with all requested financial information so that a loan resolution proposal can.be prepared-oil your bohnl��|[you and yuur\nwyoroomp|�eonnonmu/`*nrxsnnec/nmnsormucxoa0000 ht�(o,your�wynr will,pcp4n;nod'�iuukcq`/uot for Conciliation Conference with the Court,which must he filed / ��{dh|n six ty(6A)days o/�cno[vice upon you of the Ibn�|ounrouomphinLlf you dono and aounciUutionconte�nooiu � sd1��d,ynowill have ul/Opportunity mnlect,* irho representative uf your lender inouattempt tu work out reasonable nrgvmcntnwiU1 your lender bofbrc:the mortgage[bwc}n»ns;suit proceeds forward. [F YOU WISH T0SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BYTHIS NOTICE. THIS PROGRAM Y8 FRED. | . — . Date ' Bxq'Id.No.D05A2 ' Attorney for Plaintiff i | | FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksbeet Date, Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE i I To complete your request for Hardship assistance,your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: _ City: tate: Zip;. Is the property for sale? Yes F] No 0 Listing date; _ Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes'[] No Mailing Address(if different): City: State:- ip• Phone Numbers: Home; Office: Cell: Other: Email: #of people in household:. I.30w long? f• t A , Mailing Address: City: State: zip: Phone Numbers: Home: Office: Cell: Other: Email; _. #of people in household; How long? 'P NICIAfL f First Mortgage Lender: Type of Loan: Loan Number: _ _ .Y Date You Closed Your Loan. Second Mortgage Lender,. -- Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes& I.nsurance:_. _ Date of Last Payment: Primate Reason for Default: Is the loan in Bankruptcy? Yes[] No;' If yes, provide 1lames, location of court, case number& attorney; Assetsr�c�urat p«� Value: Home: $_....... $ Other Real Estate: $ Retirement Funds: $�R � Invest:ments:' Checking: $ -:: $--- --- Other: $ Automobile #1• Model - —____ a Year;: Amount owed — Value. Automobile#2: Model, Year:4 Amount owed -- -- t.. Value Year: ;� tnS{ oittnr� farrtcrr7`o 9ilSs%(i �is,,?i?tstorycle�lt _ .•-.�----�---_-�- Model: Amount owed;: Value . . Monthly Ittcotne Name of Emp,loyers,: l' _. . .::,Monthly Gross ' 2 Monthly Net Monthly Gross . —Monthly Net Monthly Gross Monthly Not i Additional Income Description (not wages): ---- 1:. . - monthly amount: 2 monthly amount: j Borrower Pa Da s,: j Y Y Co-Borrower Pay Days ' i Monthly E�es• (Please only include expenses you are currently paying) . I EXPENSE _._. AMOUNT EXPENSE mot' _AMOUNT or food 2 Mt�'d�C Utr(rti.es Auto lnsuraris Condo/Nttr�;lr, Fees ce., m blot covert d Auto fii,elhcaacs �- €' _.__ ..�. . . ::;Other .(�'r•o13 i7�tyrttet7y'. Install, L**oan Pas"mc� Cable T CAI,m S( endrng Nlcsrty C 1 _4 _ Other �it�ert�yS, ; ; Amount Available for Monthly Mortgage Payments.BZSCd on Inc ' ome &Expenses: Have you been working with a Housing Counseling Agency? Yes❑ No [7 If yes, please provide the following information: Counseling Agency: Counselor: Phone( f O flee) Fax: i 3 r - I E - - - ' . , ^ Email: , H,ave you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes NoF� If yes, p|oune indicate the status of the upp|iou6on' _-____ Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes R No �� ' }y yes, please indicate the status of those negotiations: ' P|camo provide the following information, if known,regarding Your lender and lender's loan servicing company-, Lender's Contact(Nunnn): Phone: . Servicing Company(Nmme)- Coo .Phone: AUTHORIZATION D\9e authorize the above oumed ' to use/refer this information to my lender/servicer for the sole purpose of evaluating my | financial situation for possible mortgage options, l/VYc understand that lkpoum/mre under no obligation to use the Counseling services provided bv the above named Borrower Signature Date ' Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's . counsel: l, Proof nYincome 3. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy ofa 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) I i i i Exhibit B ` SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff of comb,% Jody S Smith Chief Deputy Richard W Stewart Solicitor oracs OF rE SHOW: Bank of America, NA Y5. Case Number Catherine E.Mahr 2012-6074 SHERIFF'S RETURN OF SERVICE 10/0812012 07:45 PM-Stephen Bender,Deputy Sheriff,who being duly sworn according to taw,states that on October 8,2012 at 1945 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant,to. wit:Catherine E. Mahr,by making known unto herself personally,at 345 N.College Street,Carlisle, Cumberland County,Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. STEPHEN BENDER, DEPUTY L SHERIFF COST.$34.00 SO ANSWERS, October 10,2012 RON R ANDERSON,SHERIFF (c)C"tysuft Shane,To omit, PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS Civil Division SERVICING, LP 7105 CORPORATE DRIVE Term PLANO, TX 75024 No.2012-6074-Civil Plaintiff V. Cumberland County CATHERINE MAHR A/K/A CATHERINE E. MAHR 345 NORTH COLLEGE STREET CARLISLE, PA 17013-1844 Defendant CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiffs Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: CATHERINE MAHR A/K/A CATHERINE E. MAHR 345 NORTH COLLEGE STREET CARLISLE, PA 17013-1844 Date: l '7 l P By: .. Jos ph Schalk, Esquire A rney for Plaintiff 308751 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Court of Common Pleas F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Civil Division 7105 CORPORATE DRIVE Term PLANO, TX 75024 No. 2012-6074-Civil Plaintiff V. Cumberland County CATHERINE MAHR A/K/A CATHERINE E. MAHR 345 NORTH COLLEGE STREET CARLISLE, PA 17013-1844 Defendant ORDER AND NOW,this f day of .►r.Jt. , 2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program, it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY THE COURT: rr; t a° r 308751 TV CC : Catherine E. Mahr Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 CATHERINE MAHR A/K/A CATHERINE E. MAHR 345 NORTH COLLEGE STREET CARLISLE, PA 17013-1844 NEW CUMBERLAND, PA 17070-1817 I 308751 1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ' 4.E' '--,'C F.;-L Sheriff Jody S Smith nu TIP 3: 35 Chief Deputy PH Richard AT Stewart Vl- CUMBEr"kLAND CfM4 7Y Solicitor OFFICE OF THE SRERIFF P E INN Si Y LVA N I A Nationstar Mortgage LLC Case Number vs. Catherine E. Mahr 2012-6074 I SHERIFF'S RETURN OF SERVICE 04/03/2013 10--20 AM -Deputy Noah 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 345 N. College Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 04116/2013 08:42 PM-Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Catherine E. Mahr at 345 N. College Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 06/04/2013 As directed by Francis Hallinan, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/10/2013 07/09/2013 As directed by Francis Hallinan, Attorney for the Plaintiff, Sheriff's Sale Continued to 9/4/2013 08/14/2013 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: $834.37 SO ANSWERS, August 15,2013 RbNW R ANDERSON, SHERIFF 'y' (c)CountySuite Sheriff,Teleosoft,Inc- BANK OF AMERICA,N.A.,AS SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BACHOME LOANS SERVICING,.LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP CIVIL DIVISION Plaintiff NO.: 12-6074-CIVIL V. CATHERINE E. MAHR CUMBERLAND COUNTY A/K/A CATHERINE MAHR Defendant(s) PHS #308751 AFFIDAVIT PURSUANT TO RULE 3129.1 .BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAt 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 345 NORTH COLLEGE STREET,CARLISLE,PA 17013-1844, , 1. Name and addres's of Owners)or reputed Owner(s): Name Address.(if address cannot be reasonably ascertained, please so indicate) CATHERINE E.MAHR 345 NORTH COLLEGE STREET, AXIA CATHERINE MAHR CARLISLE,PA 17013-1844 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained;please so indicate) CATHERINE E-MAHR 345 NORTH COLLEGE STREET, A/k/A*CAiHERIN*E MAHR CARLISLE,Rk 17013-1844 K 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) REDEVELOPMENT AUTHORITY OF THE 114 NORTH HANOVER STREET COUNTY OF CUMBERLAND CARLISLE,PA 1.7013 ADMINISTRATIVE OFFICES CUMBERLAND COUNTY AFFORDABLE 114 NORTH HANOVER STREET HOUSING TRUST FUND CARLISLE,PA 17013 , 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 345 NORTH COLLEGE STREET CARLISLE;PA 17013-1844 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 171.08-1754 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: 71 %% La By: Phelan Hallman,LLP Courtenay R.Dunn,Esq.,Id.No.206779 Attorney for Plaintiff 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.:-12-6074-,CIVIL VS. CUMBERLAND COUNTY CATHERINE E.MAHR,A/K/A CATHERINE MAHR Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CATHERINE E.MAHR A/K/A CATHERINE MAHR 345 NORTH COLLEGE STREET. CARLISLE.,PA 17013-1844 "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 345 NORTH COLLEGE STREET,CARLISLE,PA 17013-1844 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$116,528.53 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 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.. � Y 1. If the Sheriff's Sole is not stopped,your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale,never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed.to the buyer. At that time,the.buyer may bring legal proceedings to,evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This.schedule will state who will be receiving that money. The money will be.paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong)are.filed with the Sheriff within ten(10)days after the filing of the proposed schedule. 7. You may also have other rights and defenses,or ways of getting your home back,if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE.OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17413 (717)249=3166 (800)990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate on the east side of North College Street in the Borough of Carlisle,Cumberland County,Pennsylvania,more particularly bounded and described as follows: BEGINNING at a point*on the east side of North College Street,which point is in the line dividing the property hereby conveyed,and the property now or formerly of Albert L.Nickey,known as 349 North College Street,which point is 50.00 feet south of Lincoln Street;thence Southwardly along North College Street,35.00 feet,more or less,to an extension of the division wall between the double house known as 343 and 345 North College Street;,thence Eastwardly by the center line of said division wall and an exte nsion,thereof, 175.00 feet,more or less,to the west side.of an alley; thence Northwardly-by said alley,35.00 feet,more or less,to,property now or formerly of Albert L. Nickey;thence Westwardly along said Nickey property, 175.00 feet to the Place of BEGINNING. BEING improved with the northern half of a double frame dwelling house known as 345 North. College Street,Carlisle TITLE TO SAID PREMISES VESTED IN Catherine E. Mahr, single woman deeded by Michael W. Scaff, single man, dated 7/27/09, recorded 7/27/09,instrument# 200926094 PREMISES-BEING:345 NORTH COLLEGE STREET,CARLISLE,PA 17013-1844 PARCEL NO.05-20-1798-040 4 , SHORT DESCRIPTION By virtue of a Writ of Execution NO. 12-6074-CIVIL BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP VS. CATHERINE E.MA.HR,A/K/A CATHERINE MAHR owner(s)of property situate in-the CARLISLE BOROUGH, Cumberland County, 'Pennsylvania,being (Municipality) 345 NORTH COLLEGE STREET,.CARLISLE,PA 17013-1844 . Parcel No.05-20-1798-040 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $116,528.53 Phelan Hallman,LLP Aftorney for Plaintiff 1617 JFK Boulevard,Suite 1400 Philadelphia,PA.19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT h COMMONWEALTH OF PENNSYLVANIA) NO. 12-6074 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 CATHERINE E. MAHR A/K/A CATHERINE MAHR (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: $116,528.53 L.L.: $.50 Interest FROM 1105113 TO DATE OF SALE ($19.16 PER DIEM)-$2,912.32 Atty's Comm: Due Prothy: $2.25 Atty Paid: $182.75 Other Costs: Plaintiff Paid: Date: 2/12/13 David D. Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: COURTENAY R.DUNN,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand Supreme Court ID No. 206779 and the seal of said CO rt at Carlisle, Pa. This i a day of 20 othonotary On March 11, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as 345 North College Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 11, 2013 By: Real Estate Coordinator 2 t 0]3 €101 CUMBERLAND LAW JOURNAL Writ No. 2012-6074 Civil BANK OF AMERICA, NATIONAL ASSOCIATION vs. CATHERINE E. MAHR a/k/a Catherine Mahr Atty.: Francis Hallinan By virtue of a Writ of Execu- tion NO. 12-6074-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 vs. CATHERINE E. MAHR a/k/a CATHERINE MAHR owner(s) of property situate in the CARLISLE BOROUGH, Cumberland County, Pennsylvania, being 345 NORTH COLLEGE STREET, CARLISLE, PA 17013-1844. Parcel No. 05-20-1798-040. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$116,528- .53. 48 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. 1ASa-Marie Coyne, rditor SWORN TO AND SUBSCRIBED before me this 26 d ay of April, 2013 r Z7 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My commission Expires Apr 28,2014 The Patriot-News Co. 20 Te!chndlogy Pkwy the a tr1*otwXtws Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-256-8213 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. 2012-6074 Civil 8, NK OF AMERICA,NATIONAL This ad ran on the date(s)shown below: ASSOCIATION B vs. 94116113 CATHERINE E.MAHR,a/k/a 04123113 Catherine mahr A t!y* Francit Hallinan 04130113 By Virtue of a Wit of Execution 12.6074.CML No. . . . . . . . . . . . . . . . BANK OF AMERICA, N.A., AS 05. e . . . . . . . . . . . . SUCCESSOR BY MERGER TO BAC Ve HOME LOANS SERVICING,LP FIKIA COUNTRYWIDE HOME LOANS Sworn to—anda subscribed before me this 13 day of May, 2013 A.D. SERVICING,LP vs, CATHERINE E. MAHR, A/K/A CATHERINE MA M owner(s) of property situate in the ry Ublic CARLISLE BOROUGH Cumberland County,Pennsylvania be- ' (Municipality) Ing C: 345 NORTH COLLEGE STREET CARLISLE,PA 17013.1844 Parcel NO-05-20-1798-040 COMMONWEALTH OF PENNSYLVANIA (Acreage or street address) Notarial Seal "al"'OveroMs thereon: RESIDENTIAL DWELLING Holly Lynn Warfel,Notary Public JUDGMENTAMO Washington Twp.,Dauphin county UNT'$116,528.53 My Commission Expires Dec.12,2016 M"Ek PENNSYLVANIA ASSOCIATION OF NOTARIES PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER COURT OF COMMON PLEAS BANK OF AMERICA,N.A.,AS SUCCESSOR BY :y MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION LP F/K/A COUNTRYWIDE HOME LOANS yk SERVICING,LP NO. 12-6074-CIVIL Plaintiff CUMBERLAND COUNTY pa V. it>r" tr-ell CATHERINE E.MAHR A/K/A CATHERINE MAHR „4 Defendant(s) PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER To the Prothonotary: Kindly Enter Judgment per the Court Order dated May 8,2013 in favor of the Plaintiff and against CATHERINE E.MAHR A/K/A CATHERINE MAHR,defendant(s). As Set Forth in the Order $123,510.41 Phe n Hallinan,LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHS#308751 ►1� a 2� aqcl �gg IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA,N.A., AS SUCCESSOR Court of Common Pleas BY MERGER TO BA.0 HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE Civil Division c- HOME LOANS SERVICING, LP Plaintiff CUMBERI A - nfil r- VS. No.: 12 6 .74-CI r , CATHERINE E. MAHR - '«--1; A/K/A CATHERINE MAHR Defendant c^' ORDER AND NOW, this 49-41�— day of/'L!Z•{ , 2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance $1.11,205.43 Interest Through June 5, 2013 $8,664.73 Late Charges $34.63 Legal fees $1,300.00 Cost of Suit and Title $798.75 Property Inspections $15.00 Mortgage Insurance Premium/Private Mortgage $396.16 Insurance Escrow Deficit $1,095.71. TOTAL $123,510.41 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 308751 BY 1,J'-).E COURT.: 308751. 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.: 12-6074-CIVIL V. CATHERINE E.MAHR A/K/A CATHERINE MAHR CUMBERLAND COUNTY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $123,510.41 Interest from 06/06/2013 to Date of Sale $7,389.20 ($20.30 per diem) TOTAL $130,899.61 1V f . Ph n Hallinan,LLP . Jo athan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff G —; Note: Please attach description of property. %o PH#802513 .,L c r nc) Cdr ia3 ."1S (t 14 . So a 'g . 5(`� �t t'y�1 r) �"b �co-• � o � � � �• ►�CO2, NCO oil C4 A z rb w o eD z C y � � ,cn� >Ell x � � r � CD tz �c r z mx � C CD ' 'a ° rrna C Wax � r C z TI a x c m y r - a i LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate on the east side of North College Street in the Borough of Carlisle,Cumberland County,Pennsylvania,more particularly bounded and described as follows: BEGINNING at a point on the east side of North College Street,which point is in the line dividing the property hereby conveyed,and the property now or formerly of Albert L.Nickey,known as 349 North College Street,which point is 50.00 feet south of Lincoln Street;thence Southwardly along North College Street,35.00 feet,more or less,to an extension of the division wall between the double house known as 343 and 345 North College Street;thence Eastwardly by the center line of said division wall and an extension thereof, 175.00 feet,more or less,to the west side of an alley;thence Northwardly by said alley,35.00 feet, more or less,to property now or formerly of Albert L.Nickey;thence Westwardly along said Nickey property, 175.00 feet to the Place of BEGINNING. BEING improved with the northern half of a double frame dwelling house known as 345 North College Street,Carlisle TITLE TO SAID PREMISES VESTED IN Catherine E.Mahr, single woman,by Deed from Michael W. Scaff, single man, dated 07/27/2009,recorded 07/27/2009 in Instrument Number 200926094 PREMISES BEING: 345 NORTH COLLEGE STREET,CARLISLE,PA 17013-1844 PARCEL NO..05-20-1798-040 PHELAN HALLINAN, LLP t i=' - Attorneys for Plaintiff Jonathan Lobb, Esq., Id. No.312174 4' � rtHOF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza �� a� i Philadelphia, PA 19103 WIDERLAND COUNTY Jonathan.Lobb @phelanhallinan.com FEWSYLVANIA► 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.: 12-6074-CIVIL V. , CATHERINE E.MAHR A/K/A CATHERINE MAHR CUMBERLAND COUNTY Defendant(s) CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled (X) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: 4Ph n Hallinan,LLP Jonathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff ,,BAIttK 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.: 12-6074-CIVIL V. CATHERINE E. MAHR A/K/A CATHERINE MAHR CUMBERLAND COUNTY 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 345 NORTH COLLEGE STREET,CARLISLE,PA 17013-1844. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) CATHERINE E.MAHR A/K/A CATHERINE 345 NORTH COLLEGE STREET G MAHR CARLISLE,PA 17013-1844 2. Name and address of Defendant(s)in the judgment: %D ©r; Name Address(if address cannot be reasonably ascertained,please so indicate) e-- . CATHERINE E.MAHR A/K/A CATHERINE 345 NORTH COLLEGE STREET 1�4=1 i5 a s MAHR CARLISLE,PA 17013-1844 =r ' 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) COUNTY OF CUMBERLAND 114 North Hanover Street REDEVELOPMENT AUTHORITY OF THE Carlisle,PA 17013 COUNTY OF CUMBERLAND 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) PH# 802513 r None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 345 NORTH COLLEGE STREET CARLISLE,PA 17013-1844 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 F 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: 13 By: Phel Hallinan,LLP Jonathan Lobb,Esq.,Id.No.31.2174 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#802513 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.: 12-6074-CIVIL VS. CUMBERLAND COUNTY cal CATHERINE E.MAHR A/K/A CATHERINE MAHR -'' Defendant(s) =r .rr" 2 r—) '0 0114 cnr NOTICE OF SHERIFF'S SALE OF REAL PROPERTY r3> TO: CATHERINE E. MAHR A/K/A CATHERINE xo C:, MAHR t► 345 NORTH COLLEGE STREET CARLISLE,PA 17013-1844 "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 345 NORTH COLLEGE STREET, CARLISLE,PA 17013-1844 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$123,510.41 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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 4 YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 i SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-6074-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. CATHERINE E. MAHR A/K/A CATHERINE MAHR owner(s) of property situate in the CARLISLE BOROUGH, CUMBERLAND County, Pennsylvania, being 345 NORTH COLLEGE STREET, CARLISLE,PA 17013-1844 Parcel No. 05-20-1798-040 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $123,510.41 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate on the east side of North College Street in the Borough of Carlisle,Cumberland County,Pennsylvania,more particularly bounded and described as follows: BEGINNING at a point on the east side of North College Street,which point is in the line dividing the property hereby conveyed,and the property now or formerly of Albert L.Nickey,known as 349 North College Street,which point is 50.00 feet south of Lincoln Street;thence Southwardly along North College Street,35.00 feet,more or less,to an extension of the division wall between the double house known as 343 and 345 North College Street;thence Eastwardiy by the center line of said division wall and an extension thereof, 175.00 feet,more or less,to the west side of an alley;thence Northwardly by said alley,35.00 feet, more or less,to property now or formerly of Albert L.Nickey;thence Westwardly along said Nickey property, 175.00 feet to the Place of BEGINNING. BEING improved with the northern half of a double frame dwelling house known as 345 North College Street,Carlisle TITLE TO SAID PREMISES VESTED IN Catherine E.Mahr, single woman,by Deed from Michael W. Scaff, single man, dated 07/27/2009,recorded 07/27/2009 in Instrument Number 200926094 PREMISES BEING: 345 NORTH COLLEGE STREET,CARLISLE,PA 17013-1844 PARCEL NO.05-20-1798-040 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-6074 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 CATHERINE E.MAHR A/K/A CATHERINE MAHR (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: $123,510.41 L.L.: Y Interest FROM 6/06/2013 TO DATE OF SALE($20.30 PER DIEM)-$7,389.20 Atty's Comm: Due Prothy: $2.25 Atty Paid: $1,062.12 Other Costs: Plaintiff Paid: Date: 12/9/13 David D.B ell,Prothonota r (Seal') B ,r Deputy REQUESTING PARTY: Name: JONATHAN LOBB,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.312174 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFF,CE) T E E.R _F 2'r ` 11 r''` n 24¢ Pt"i • r CUMBERLAND C OLJ y PENNSYLVANIA Bank of America N.A. vs. Catherine E. Mahr a /k /a Catherine Mahr Case Number 2012 -6074 SHERIFF'S RETURN OF SERVICE 03/11/2014 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: $84.40 SO ANSWERS, March 21, 2014 c) :.;ouitySu: e Sneritf. Teleoscft, inc. RON R ANDERSON, SHERIFF rIL±D-1. i } ins i-TO 20l4 OCT -2 i._ CUME3_ERL A 7 I r Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY : Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP : F/K/A COUNTRYWIDE HOME LOANS SERVICING, : Civil Division LP Plaintiff : CUMBERLAND County v. : No. 12-6074-CIVIL CATHERINE E.MAHR A/K/A CATHERINE MAHR Defendant(s) PRAECIPE TO THE PROTHONOTARY: ❑ 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: el NO1(L 1 PHEL• 'AL :I • ,LL By: Courtenay R. Dunn,Esq., Id. No.206779 Attorney for Plaintiff PH#802513 Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY : Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP : F/K/A COUNTRYWIDE HOME LOANS SERVICING, : Civil Division LP Plaintiff : CUMBERLAND County v. : No. 12-6074-CIVIL CATHERINE E.MAHR A/K/A CATHERINE MAHR Defendant(s) 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: CATHERINE E. MAHR A/K/A CATHERINE MAHR 345 NORTH COLLEGE STREET CARLISLE,PA 17013-1844 Date: "t kI 'tlt PHE . •A .i AN,LLP By: Courtenay R. Dunn,Esq.,Id. No.20 '779 Attorney for Plaintiff