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12-7672
"'d,T ~ ~~ ~ r a C * -i r~ r t , .,.. 'v ~~ N ?'7 C7 ~~ C t'7 ~ , ~ ~ A x ~ ~ t~'t --'I -K CJ tt! 7> PHELAN HALLINAN, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRNE PLANO, TX 75024 Plaintiff v. NANETTE E. MCKEON GERALD F. MCKEON 7 FLAGSTONE DRIVE CARLISLE, PA 17015-4386 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION n TERM ~ ^ I ~'1~,' NO. ,a . ~ VL~ °~ ~ CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 298781 S c~e, ae ~~ ~i a~s~ ~y~j K~aS~sy~ 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 maybe 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 ]mportant to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800)990-9108 File #: 298781 Plaintiff is BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A CO~TRyWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 2• The name(s) and last known address(es) of the Defendant(s) are: NANETTE E. MCKEON GERALD F. MCKEON 7 FLAGS'T'ONE DRIVE CARLISLE, PA 17015-0386 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3~ On 10/15/2009 NANETTE E. MCKEON and GE BALD F. MCKEON made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRO REGISTRATION SYSTEMS, INC. AS A NO NIC MINES FOR RESIDENTIAL FINANCE CORPORATION which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mort a e Ins g g trument No. 200936641. By Assignment of Mortgage recorded 10/12/2011 the mortgage was assigned to PLAINTIFF which Assigmnent is recorde ' Ass~gnnlent of Mort a e Ins d m g g trwnent No. 201128232.The mortgage and assignment(s), if any, aze matters of public record and aze 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 ]e those documents are of public record. P admgs if 4• The premises subject to said mortgage is described as attached. 5• The mortgage is in default because month] Y Payments ofprincipal and interest upon said mortgage due 09/01/2010 and each month thereafter are due and unpaid, and by the terms of sai mortgage, upon failure of Mort a or to make such a d g g p Yments after a date s ecified b notice sent to Mort a or the entire p Y written g g ~ principal balance and all interest due thereon are collectible forthwith. File #: 298781 6. The following amounts aze due on the mortgage as of 11/15/2012: Principal Balance $251,387.91 Interest $31,528.28 08/01/2010 through 11/30/2012 Late Charges $0.00 Escrow Deficit 10 489.22 Subtotal $293,405.41 Suspense Credit 1 487.94 TOTAL $291,917.47 7 8. 9 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a sepazate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. File #: 298781 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $291,917.47, 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. By: l~l Kolesnik, Esq., Id. No.308877 for Plaintiff File #: 298781 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton township, Cumberland county, Pennsylvania, more particularly bounded and described pursuant to subdivision plan for Cobblestone estates, sheet no.2, recorded in Cumberland county plan book 70, page 130A, as follows: BEGINNING at a point on the eastern dedicated right of way line of Petersburg road, S.R.2001, at the northwestern comer of lot no.29 as shown on the above described subdivision plan; thence by said right of way line, north 5 degrees 48 minutes 59 seconds east, 90.00 feet to a point on said right of way line at the southwestern comer of lot no.31 as shown on the above described subdivision plan; thence by lot no. 311, south 84 degrees 11 minutes O1 seconds east, 167.00 feet to a point on the western right of way line of Flagstone drive (50-feet wide right of way); thence by the western right of way line of Flagstone drive, south 5 degrees 48 minutes 59 seconds west, 90.00 feet to a point on said right of way at the northeastern corner of lot no. 29 as shown on the above described subdivision plan; thence by said lot no. 29, north 84 degrees 11 minutes O1 seconds west, 167.00 feet to a point on the western dedicated right of way line of Petersburg road, the point and place of beginning. CONTAINING 0.3451 acres or 15,030 square feet and being designated lot no. 30 as shown on the above described subdivision plan, having erected thereon a dwelling house known as 7 Flagstone drive. PROPERTY ADDRESS: 7 FLAGSTONE DRIVE, CARLISLE, PA 17015-4386 PARCEL # 40-24-0758-215 File #: 298781 VERIFICATION l~~~~(hereby states that he/~ is f 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 er formation 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: / Z File#: 298781 Name: MCKEON --~._ Name: Title: ~~~K~ BANK OF AMERICA, N.A. File #: 298781 Updated 01/01/2011 Pa.R.C.F. 205.5 BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. vs. NANETTE E. MCKEON GERALD F. MCKEON Plaintiff(s) Defendant(s) FORM I IN THE COURT OF COMMON PLEA IAA OF CUMBERLAND COUNTY, PENNSYi,1,~ ~ rTt ~;~ ~ ~ • ~a... 3s* EV -- ..C • GQ -O 3~' E"~ ~ C ~ Z .... --~ G~ ~ G7 ^r1 --•t c~+".t ~~ --~ c.a d "~ri ~~ --~t~'t ''Y' -G 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 maybe 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 MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and 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 fmancial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully Z~ Date ;hael Kolesnik, Esq., Id. 77 for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIl' 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: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Type of Loan: State: Zip: Yes ^ No ^ Listing date: Price: $ Realtor Phone: Yes ^ No ^ Home: Cell: State: Zip: How long? Home: Cell: Office: Other: Office: Other: State: Zip: How long? 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• • Is the loan in Banla'uptcy? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Assets Home: Other Real Estate: Retirement Funds: Investments: Checking: Savings: Other: Automobile #1: Model: Amount owed: Automobile #2: Model: Value: Value: Amount owed: Value: Other transportation (automobiles boats motorcycles) Model: Year: Amount owed: Value Year: Year: MantWv Income Name of Employers: 1- Monthly Gross Monthl Net 2• Monthly Gross Monthly Net 3- Monthly Gross Monthly Net Additional Income Description (not wages): y 1 • monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses• (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2 Mort a e Utilities Car Pa ent s Condo/Nei .Fees Auto Insurance Med. not covered Auto fueUre airs Other ro . a ent Install. Loan Pa ent Cable TV Child Su rt/Alim. S endin Mone Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ^ No ^ If yes, please provide the following information: Counseling Agency:_ Phone (Office): Amount Owed: Fax: Counselor: 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 laiown, regarding your lender and lender s loan servicing company: Lender s Contact (Name): Servicing Company (Name): Contact: Phone: Phone: UWe, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. UWe understand that Uwe am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) C r.a C C� -G CJ ' C 3M --rt M �3 C:) PHELAN HALLINAN,LLP Joseph P. Schalk, Esq., Id. No. 91656 =' 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. Court of Common Pleas F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Civil Division 7105 CORPORATE DRIVE Term PLANO, TX 75024 No.2012-7672-CIVIL Plaintiff V. Cumberland County NANETTE E. MCKEON GERALD F. MCKEON 7 FLAGSTONE DRIVE CARLISLE, PA 17015-4386 Defendants 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 December 21, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their a mortgage due September 1, 2010, 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 January 3, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure 298781 Diversion Program Notice for the Defendant Nanette E. McKeon. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 3. On January 15, 2013,Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice for the Defendant Gerald F. McKeon. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 4. 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. 5. 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. 6. 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. 7. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 8. Since Defendants opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 298781 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HALLI AN, LLP Date: BY: - P - o's p . Schalk, squire At rn for Plaintiff 298781 Exhibit A Wit. N f'r"f Q vsD N �•� <a • D C .r p•c`s r*� —z1 ca b • -� vl ?7 PHELAN HALLINAN,LLP John Michael Kolesnik,Esq.,Id.No.308877 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P. COURT OF COMMON PLEAS F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. CIVIL DIVISION 7105 CORPORATE DRIVE ew PLANO,TX 75024 TERM Plaintiff NO. ' V. CUMBERLAND COUNTY NANETTE E.MCKEON GERALD F. MCKEON 7 FLAGSTONE DRIVE CARLISLE,PA 17015-4386 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE S File#: 298781 ��� e 11 IL age sy � NOTICE _ You have been sued in Court. If you wish to defend against the claims set forth in the following pages,you must take action within twenty(20)days after this Complaint and Notice. are served by entering a written appearance personally or by'attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so,the case may proceed without you,and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 File M: 298781 t I. Plaintiff is BAND OF AMERICA;N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P.F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. 7105 CORPORATE DRIVE PLANO,TX 75024 2. The name(s)and last known address(es)of the Defendants)are: NANETTE E.MCKEON GERALD F.MCKEON 7 FLAGStONE DRIVE CARLISLE,PA 17015-43$6 who is/are the mortgagors)and/or real owner(s)of the property hereinafter described. 3. On 10/15/2009 NANETTE E.MCKEON and GERALD F.MCKEON made,executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.AS A NOMINEE FOR RESIDENTIAL FINANCE CORPORATION which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County,in Mortgage Instrument No.200936691. By Assignment of Mortgage recorded 10/12/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No.201128232.The mortgage and assignment(s),if any,are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g);which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2010 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. Fite#: 298781 6. The following amounts are due on the mortgage as of 11/15/2012: Principal Balance $251,387.91 Interest $31,528.28 08/01/2010 through 11/30/2012 Late Charges $0.00 Escrow Deficit 10 489.22 Subtotal $293,405.41 Suspense Credit ($1,487. N 94 TOTAL $291,917.47 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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. File#: 298781 WHEREFORE,Plaintiff demands an in rem judgment against the Defendant{s}in the sum of $241,917.47,together with interest,costs,fees,and charges collectible under the mortgage including but not limited to attorney fees and costs,and for the foreclosure and sale of the mortgaged property. PHEL ALL By: J icimefKolesnik,Esq.,Id.No.308877 e0mey for Plaintiff File#: 298781 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton township,Cumberland county, Pennsylvania,more particularly bounded and described pursuant to subdivision plan for Cobblestone estates,sheet no.2,recorded in Cumberland county plan book 70,page 130A, as follows: BEGINNING at a point on the eastern dedicated right of way line of Petersburg road,S.R.2001, at the northwestern corner of lot no.29 as shown on the above described subdivision plan;thence by said right of way line,north 5 degrees 48 minutes 59 seconds east,90.00 feet to a point on said right of way line at the southwestern corner of lot no.31 as shown on the above described subdivision plan;thence by lot no. 311,south 84 degrees 11 minutes 01 seconds east, 167.00 feet to a point on the westem right of way line of Flagstone drive(50-feet wide right of way);thence by the western right of way line of Flagstone drive,south 5 degrees 48 minutes 59 seconds west, 90.00 feet to a point on said right of way at the northeastern corner of lot no. 29 as shown on the above described subdivision plan; thence by said lot no. 29,north 84 degrees 11 minutes 01 seconds west, 167.00 feet to a point on the western dedicated right of way line of Petersburg road,the point and place of beginning. CONTAINING 0.3451 acres or 15,030 square feet and being designated lot no. 30 as shown on the above described subdivision plan,having erected thereon a dwelling house known as 7 Flagstone drive. PROPERTY ADDRESS:7 FLAGSTONE DRIVE,CARLISLE,PA 170154386 PARCEL#40-24-0758-215 Fite it: 298781 i VERIFICATION Y&MU02 a"W. hereby states that be/(q is�� �jaf BANK OF AMERICA,N.A.,Plaintiff in this matter,that heQis authorized to make this Verification,and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his er nformation 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: /Z .3,rgDlZ Title: BANK OF AMERICA,N.A. File#: 298781 Name: MCKEON Fire N: 298781 Pa R.C.F.245.5 Updated 01/41/2011 FORM I IN THE COURT OF COMMON PLEA r�s BANK OF AMERICA,N.A SUCCESSOR BY OF CUMBERLAND COUNTY,PENNSYLX T IA a MERGER TO BAC HOME LOANS SERVICING, r-q.- L.P.F/K/A COUNTRYWIDE HOME LOANS :4.t* C'-) 'Drn Z.' t„ - tv ry SERVICING,L.P. r Plaintiff(s) VS. t Ca NANETTE E.MCKEON _4 C:J 3> GERALD F.MCKEON <}Defendant(s) �U 7 -.0 ts} f1t �ivil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the"following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all requested financial.information so that a loan resolution proposal can be prepared on your behalf, If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and 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 tender 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 Mid Penn 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 workshect in the format attached. hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed within sixty(60)days of the service upon you of the foreclosure complaint.If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully i Date J Michael Kolesnik,Esq.,Id. .308877 ttorney 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: Home. Office: Cell: Other: Email: #of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: 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: t ` Is 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#l:Model: Year: Amount owed: Value: Automobile#2:Model: Year. Amount owed: Value: Other transportation automobiles,boats.motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses:(Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 Mort a e Utilities Car Payment(s) Condo/Nei .Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop.payment Install.Loan Payment Cable TV Child Su rt/Alim. Spending Money Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes❑ No❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP) assistance? Yes❑ No❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender s loan servicing company to resolve your delinquency? Yes❑ No❑ If yes,please indicate the status of those negotiations: Please provide the following information,if known,regarding your lender and lender s loan servicing company: Lender s Contact(Name): Phone: Servicing Company(Name): Contact: Phone: I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following,information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation(hardship letter) 6. Listing agreement(if property is currently on the market) Exhibit B SHERIFF'S OFFICE Of CUMBERLAND COU11 ` ' Ronny R:Anderson Sheriff r- Jody S Smith Chief,Deputy r•.J _Richard W Stewart , `" -• .Solicitor- UFFIC�-FJf fr+.E`:ii•£H.IP, Bank of America,.N.A. Successor by Merger to BAC Home Loans Servicing, Case'Number vs. Nanette E'McKeon(et al.) 2012-7672 SHERIFF'S RETURN OF SERVICE 01/03/2013 02:00 PM - Deputy Valerie Weary, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Nanette.E McKeon at 7 Flagstone Dr., S. Middleton.Tw .; Carlisle,PA 17015. V • 'VAL RIE WEARY, DEPUTY 01/15/2013 05:23 PM-Deputy Ryan Burgett, being duly sworn according to taw,served the requested Complaint in Mortgage Foreclosure by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Gerald F McKeon at 223 Constitution Court, Mechanicsburg, PA 17055. RYAN.BURGETT, D SHERIFF COST: $60.00 SO ANSWERS, January 16., 2013 RON R ANDERSON, SHERIFF (Ci Guuniy$wie,SR�3?;t,I�?i:pm8,1r, PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff BANK OF AMERICA, N.A SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS Civil Division SERVICING, L.P. Tenn 7105 CORPORATE DRIVE PLANO, TX 75024 No. 2012-7672-CIVIL Plaintiff Cumberland County V. NANETTE E. MCKEON GERALD F. MCKEON 7 FLAGSTONE DRIVE CARLISLE,PA 17015-4386 Defendants 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: NANETTE E. MCKEON GERALD F. MCKEON 7 FLAGSTONE DRIVE 223 CONSTITUTIONAL CT CARLISLE,PA 17015-4386 MECHANICSBURG, PA 17050-1827 Date: to 11 ap B Jos p . Schalk, Esquire Att me for Plaintiff 298781 r s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. Court of Common Pleas F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Civil Division 7105 CORPORATE DRIVE Term PLANO, TX 75024 No.2012-7672-CIVIL Plaintiff V. Cumberland County NANETTE E. MCKEON GERALD F. MCKEON 7 FLAGSTONE DRIVE CARLISLE, PA 17015-4386 Defendants ORDER AND NOW, this /Z day of q V , 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: ! £S 041&CL c,J. N J• n C:: r11 C= Fill Cam' Ln 298781 d CC : Nanette E. McKeon and Gerald F. McKeon 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 NANETTE E. MCKEON 7 FLAGSTONE DRIVE CARLISLE,PA 17015-4386 GERALD F. MCKEON 223 CONSTITUTIONAL CT MECHANICSBURG, PA 17050-1827 ' 298781 ED-OFFICE HE PROTHONOTARY 3 OCT PHELAN HALLINAN, LLP ` _ r0,A orney for Plaintiff Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Meredith.Wooters @phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A SUCCESSOR BY CUMBERLAND COUNTY MERGER TO BAC HOME LOANS SERVICING,L.P.F/K/A COUNTRYWIDE COURT OF COMMON PLEAS HOME LOANS SERVICING,L.P. CIVIL DIVISION vs. . No. 12-7672-CIVIL NANETTE E.MCKEON GERALD F.MCKEON PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against NANETTE E.MCKEON and GERALD F. MCKEON, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $291,917.47 TOTAL • $291,917.47 I hereby certify that (1) the Defendants' last known addresses are 7 FLAGSTONE DRIVE, CARLISLE, PA 17015-4386 and 223 CONSTITUTIONAL COURT, MECHANICSBURG, PA 17050-1827, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Niat1611/1/0kV Date 1°0 3 1 I Meredith Wooters, Esq., Id. No.307207 Attorney r Pla' f 01' DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: it) V3 PH#792543 PROTHONOTARY • o`}c1 to.500 792Ct.* 5, 1 D)c 2Ava ot to g5? notf PHELAN HALLINAN, LLP Attorney for Plaintiff Meredith Wooters,Esq.,Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Meredith.Wooters@phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A SUCCESSOR BY : CUMBERLAND COUNTY MERGER TO BAC HOME LOANS COURT OF COMMON PLEAS SERVICING,L.P.F/K/A COUNTRYWIDE . HOME LOANS SERVICING,L.P. CIVIL DIVISION vs. No. 12-7672-CIVIL • NANETTE E.MCKEON . GERALD F.MCKEON AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant NANETTE E. MCKEON is over 18 years of age and resides at 7 FLAGSTONE DRIVE, CARLISLE, PA 17015-4386. (c) that defendant GERALD F. MCKEON is over 18 years of age and has last known addresses at 223 CONSTITUTIONAL COURT, MECHANICSBURG, PA 17050-1827 and 7 FLAGSTONE DRIVE, CARLISLE, PA 17015-4386. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date )[a 13 1. �� I 1 Phelan Hallinan,LLP Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 792543 Department of Defense Manpower Data Center Results as of:Oct-02-201312:23:47 SCRA 3.0 o,'C ry f :A." Statue Report Pursuant to Scrvicemexnbets Civil Relief Act Last Name: MCKEON First Name: NANETTE Middle Name: E Active Duty Status As Of: Oct-02-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Dale Status Service Component NA NA . — - • No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA. - No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. &it Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 • Department of Defense Manpower Data Center Results as of:Oct-02-201312:23:49 SCRA 3.0 tatus Report Pursuant to Servicemembers Civil Relief Act ,4'�ert,.M Last Name: MCKEON First Name: GERALD Middle Name: F Active Duty Status As Of: Oct-02-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date • Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA . 'No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Thaity, Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 • (Rule of Civil Procedure No. 236) - Revised BANK OF AMERICA, N.A SUCCESSOR : CUMBERLAND COUNTY BY MERGER TO BAC HOME LOANS SERVICING,L.P. F/K/A COUNTRYWIDE : COURT OF COMMON PLEAS HOME LOANS SERVICING, L.P. vs. : CIVIL DIVISION NANETTE E. MCKEON : No. 12-7672-CIVIL GERALD F. MCKEON Notice is given that a Judgment in the above captioned matter has been entered against you on \O)S11v.1. By: 23t4415" If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 792543 BANK OF AMERICA,N.A SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION L.P.F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. NO. 12-7672-CIVIL Plaintiff v. CUMBERLAND COUNTY NANETTE E.MCKEON GERALD F.MCKEON Defendant(s) TO: NANETTE E.MCKEON 7 FLAGSTONE DRIVE CARLISLE,PA 17015-4386 DATE OF NOTICE: 4 1 3 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DA'1'h OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR ' Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By:'_ I Meredith Woofers,Esq.,Id.No.307207 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#792543 BANK OF AMERICA,N.A SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION L.P.F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. NO. 12-7672-CIVIL Plaintiff v. CUMBERLAND COUNTY NANETTE E.MCKEON GERALD F.MCKEON Defendant(s) TO: GERALD F.MCKEON 223 CONSTITUTIONAL COURT MECHANICSBURG,PA 17050-1827 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO PEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 ra/21 Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#792543 BANK OF AMERICA,N.A SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION L.P. F/KIA COUNTRYWIDE HOME LOANS SERVICING,L.P. NO. 12-7672-CIVIL Plaintiff v. CUMBERLAND COUNTY NANETTE E.MCKEON GERALD F.MCKEON Defendant(s) TO: GERALD F.MCKEON 7 FLAGSTONE DRIVE CARLISLE,PA 17015-4386 DATE OF NOTICE: ti,I THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEB FEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAIN-ED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION l Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: .... - Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#792543 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME : COURT OF COMMON PLEAS LOANS SERVICING,L.P.F/KJA COUNTRYWIDE HOME LOANS SERVICING,L.P. CIVIL DIVISION Plaintiff . NO.: 12-7672-CIVIL v. • NANETTE E.MCKEON CUMBERLAND COUNTY GERALD F.MCKEON Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $291,917.47 Interest from 10/04/2013 to Date of Sale $7,342.47 ($47.99 per diem) TOTAL $299,259.94 kLL1 Phelan Hallinan,LLP Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff E:. Note: Please attach description of property. m c° PH#792543 -—4 T., crIr- Go r— --t aklA )>" CD sb Li- c ,41 01-alggYP Ni)--1" 120:0-Vi LEGAL DESCRIPTION ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described pursuant to Subdivision Plan for Cobblestone Estates, Sheet No.2, recorded in Cumberland County Plan Book 70, Page 130A, as follows: BEGINNING at a point on the eastern dedicated right of way line of Petersburg Road, S.R.2001, at the northwestern corner of Lot No.29 as shown on the above described Subdivision Plan; thence by said right of way line, North 5 degrees 48 minutes 59 seconds East, 90.00 feet to a point on said right of way line at the Southwestern corner of Lot No. 31 as shown on the above described Subdivision Plan; thence by Lot No. 311, South 84 degrees 11 minutes 01 seconds East, 167.00 feet to a point on the western right of way line of Flagstone Drive (50-feet wide right of way); thence by the western right of way line of Flagstone Drive, South 5 degrees 48 minutes 59 seconds West, 90.00 feet to a point on said right of way at the northeastern corner of Lot No. 29 as shown on the above described Subdivision Plan; thence by said Lot No. 29, North 84 degrees 11 minutes 01 seconds West, 167.00 feet to a point on the western dedicated right of way line of Petersburg Road, the point and place of BEGINNING. CONTAINING 0.3451 acres or 15,030 square feet and being designated Lot No. 30 as shown on the above described Subdivision Plan, having erected thereon a dwelling house known as 7 Flagstone Drive. TITLE TO SAID PREMISES Vested by Warranty Deed, dated 08/30/2005, given by Barry M. Ciccocioppo and Andrea M. Ciccocioppo, husband and wife to Gerald F. McKeon and Nanette E. McKeon, husband and wife and recorded 8/30/2005 in Book 270 Page 3437 Instrument# 2005-031941. PREMISES BEING: 7 FLAGSTONE DRIVE, CARLISLE,PA 17015-4386 PARCEL NO. 40-24-0758-215 FILED-OFFICE ICE PHELAN HALLINAN, LLP tJ I THE P R O T H O O T A R,p Attorneys for Plaintiff Meredith Wooters, Esq., Id. No.307207 2063 OCT -3 AM 10: 141 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA Meredith.Wooters@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC : COURT OF COMMON PLEAS HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME . LOANS SERVICING, L.P. : CIVIL DIVISION Plaintiff : NO.: 12-7672-CIVIL v. • NANETTE E. MCKEON : CUMBERLAND COUNTY GERALD F. MCKEON 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: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) 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. I /' 14AktW By: Phelan Hallinan,LLP Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff BANK OF AMERICA, N.A SUCCESSOR BY MERGER • COURT OF COMMON PLEAS TO BAC HOME LOANS SERVICING,L.P. F/K/A •• COUNTRYWIDE HOME LOANS SERVICING,L.P. • CIVIL DIVISION Plaintiff • NO.: 12-7672-CIVIL v. NANETTE E.MCKEON CUMBERLAND COUNTY GERALD F. MCKEON Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P.F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 7 FLAGSTONE DRIVE,CARLISLE,PA 17015 4386. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertand,4,3 please so indicate) w izo NANETTE E.MCKEON 7 FLAGSTONE DRIVE m FrI E it CARLISLE,PA 17015-4386 cis t' GERALD F.MCKEON 223 CONSTITUTIONAL COURT < MECHANICSBURG,PA 17050-1827 >o 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) NANETTE E.MCKEON 7 FLAGSTONE DRIVE CARLISLE,PA 17015 4386 GERALD F.MCKEON 223 CONSTITUTIONAL COURT MECHANICSBURG,PA 17050-1827 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained, please indicate) None. PH#792543 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 7 FLAGSTONE DRIVE CARLISLE,PA 17015-4386 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: I P P By: /1IJJULILtXII1' / Phe n Hallinan,LLP Meredith Wooters,Esq.,Id. No.307207 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#792543 BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO : COURT OF COMMON PLEAS BAC HOME LOANS SERVICING,L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. : CIVIL DIVISION Plaintiff : NO.: 12-7672-CIVIL C) vs. : CUMBERLAND CJN1Y �.-.,. NANETTE E. MCKEON i_ GERALD F. MCKEON r" t^ Defendant(s) w . CD NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: NANETTE E. MCKEON GERALD F. MCKEON 7 FLAGSTONE DRIVE 223 CONSTITUTIONAL COURT CARLISLE,PA 17015-4386 MECHANICSBURG, PA 17050-1827 **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 7 FLAGSTONE DRIVE, CARLISLE,PA 17015-4386 is scheduled to be sold at the Sheriff's Sale on 03/05/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$291,917.47 obtained by BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P.F/KJA COUNTRYWIDE HOME LOANS SERVICING,L.P. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS 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.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-7672-CIVIL BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. v. NANETTE E. MCKEON GERALD F. MCKEON owner(s) of property situate in SOUTH MIDDLETON TOWNSHIP,CUMBERLAND County, Pennsylvania, being 7 FLAGSTONE DRIVE, CARLISLE,PA 17015-4386 Parcel No. 40-24-0758-215 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $291,917.47 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described pursuant to Subdivision Plan for Cobblestone Estates, Sheet No.2, recorded in Cumberland County Plan Book 70, Page 130A, as follows: BEGINNING at a point on the eastern dedicated right of way line of Petersburg Road, S.R.2001, at the northwestern corner of Lot No.29 as shown on the above described Subdivision Plan; thence by said right of way line, North 5 degrees 48 minutes 59 seconds East, 90.00 feet to a point on said right of way line at the Southwestern corner of Lot No. 31 as shown on the above described Subdivision Plan; thence by Lot No. 311, South 84 degrees 11 minutes 01 seconds East, 167.00 feet to a point on the western right of way line of Flagstone Drive (50-feet wide right of way); thence by the western right of way line of Flagstone Drive, South 5 degrees 48 minutes 59 seconds West, 90.00 feet to a point on said right of way at the northeastern corner of Lot No. 29 as shown on the above described Subdivision Plan; thence by said Lot No. 29, North 84 degrees 11 minutes 01 seconds West, 167.00 feet to a point on the western dedicated right of way line of Petersburg Road, the point and place of BEGINNING. CONTAINING 0.3451 acres or 15,030 square feet and being designated Lot No. 30 as shown on the above described Subdivision Plan, having erected thereon a dwelling house known as 7 Flagstone Drive. TITLE TO SAID PREMISES Vested by Warranty Deed, dated 08/30/2005, given by Barry M. Ciccocioppo and Andrea M. Ciccocioppo, husband and wife to Gerald F. McKeon and Nanette E. McKeon, husband and wife and recorded 8/30/2005 in Book 270 Page 3437 Instrument# 2005-031941. PREMISES BEING: 7 FLAGSTONE DRIVE, CARLISLE,PA 17015-4386 PARCEL NO.40-24-0758-215 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-7672 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA,N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P.F/K/A COUNTRWIDE HOME LOANS SERVICING,L.P. Plaintiff(s) From NANETTE E.MCKEON,GERALD F.MCKEON (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: $291,917.47 L.L.: $30 Interest FROM 10/04/2013 TO DATE OF SALE($47.99 PER DIEM)-$7,342.47 Atty's Comm: Due Prothy: $2.25 Atty Paid: $208.75 Other Costs: Plaintiff Paid: Date: 10/3/13 David D.Buell,Prothonota (Seal) P �- Deputy REQUESTING PARTY: Name: MEREDITH WOOTERS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone:215-563-7000 Supreme Court ID No.307207 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY • BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FIK/A COUNTRYWIDE PH#792543 HOME LOANS SERVICING,LP DEFENDANT SERVICE TEAM/lxh NANE1"I E E.MCKEON COURT NO.:12-7672-CIVIL GERALD F.MCKEON SERVE GERALD F.MCKEON AT: TYPE OF ACTION 223 CONSTITUTIONAL COURT XX Notice of Sheriff's Sale MECHANICSBURG,PA 17050-1827 SALE DATE: March 12,2014 SERVED t S Q ed and made known GERALD F.MCKEON,Defendant on the C7 day of ,20 i,at o'clock M.,at S COQ' tom', co-k r ,in the manner described below: Defendant p sonally 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: LA Description: Age0 5 Height 5 S Weight �� Race td Sex Other I, a `' ,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unsworn falsification to authorities. DATE:�I fg t(1 NAME. 111 3d1�.t'l'-fk M( PRINTED NAME: TITLE: NOT SERVED On the day of ,20 at o'clock .M.,I, .,a competent adult hereby state tha r endant NOT FOUND because: _Vacant _Does Not Exist Moved !Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. c`) BY: r PRINTED NAME: .'co v x rn F'i't rn ATTORNEY FOR PLAINTIFF =,0 c'3 --0 r'a't Phelan Hallinan,LLP (1) --- 1617 JFK Boulevard,Suite 1400 sT O One Penn Center Plaza <t=1 -- Philadelphia,PA 19103 3>c-y C.J^; (215)563-7000 =c:11 Q 5,C 9 —in' rr•� tst TY 1 t"i"t PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H.Davis,Esq., Id. No.203034 t-- —(LI) 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 r ''" Adam.Davis @PhelanHallinan.com c�a 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.: 12-7672-CIVIL NANETTE.E.MCKEON GERALD F.MCKEON Defendant(s) AFFII AVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: • As required by Pa.R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa.R.C.P. 3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Adam H.Davis,Esq.,Id.No.203034 Date: 2/7/l, Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#792543 ■ rtOZZ zO wyr i.6t192028 p.` 09t00 $0 d 461 au 5r �x 1 i ; Tye.-r - .t0 t,$ 8 iai 3O ISOd S Cs . _ - - . fill t leix an s �v a 1 g 8 Irk X. aE , C Ol I 1111 141 j lila I t 3111t i 11 I i . O Si.$ w • U P v t ° t a. 1 • l' A JS i A ,4 gi 2 (#) . I . 4. 11 a .01/1 II .2 LI ; - .� "" CI +'� IS w flr A w O d l �: �Ai 4 y VS O L yy�1 .-r ? w w 110 g .5 . e .7 �+ 0,i& ax ,� IA .�+fsl t�-aTza.. Ii it • w r tn 1 4 41 0 i] 0 PHELAN HALLINAN,LLP `l i''i FA-P Attorney for Plaintiff , One Penn Center Plaza �;���,��YLV A 1617 JFK Boulevard, Suite 1400 A N I Philadelphia,PA 19103 john.krohn@phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A., AS SUCCESSOR • BY MERGER TO BAC HOME LOANS • CUMBERLAND COUNTY SERVICING, LP F/K/A COUNTRYWIDE HOME : COURT OF COMMON PLEAS LOANS SERVICING, LP • CIVIL DIVISION Plaintiff • • NO. 12-7672-CIVIL v. • NANETTE E. MCKEON GERALD F. MCKEON Defendants MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff,by its counsel, Phelan Hallinan, LLP,petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant,NANETTE E. MCKEON,by certified mail and regular mail to NANETTE E. MCKEON at 7 FLAGSTONE DRIVE, CARLISLE, PA 17015-4386 and posting 7 FLAGSTONE DRIVE, CARLISLE, PA 17015-4386 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for March 12, 2014. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant,NANETTE E. MCKEON,with the Notice of Sale at the mortgaged premises, 7 FLAGSTONE DRIVE, CARLISLE, PA 17015- 4386,have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A".No service made as there was no response from the Defendant. 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 5. Plaintiff contacted the Prothontary's Office and as of February 5, 2014, no Judge has previously entered a ruling in this case. 6. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on February 7, 2014 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs February 7, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 7. Plaintiff submits that it has made a good faith effort to locate the Defendant, NANETTE E. MCKEON, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to NANETTE E. MCKEON at 7 FLAGSTONE DRIVE, CARLISLE, PA 17015-4386 and posting 7 FLAGSTONE DRIVE, CARLISLE, PA 17015-4386 and by publication. Phelan Hallinan, LLP DATE: 2/ 7/!w By: John D. rohn, Esquire Bar ID No: 312244 Attorney for Plaintiff PHELAN HALLINAN,LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 j ohn.krohn @phelanhallinan.com 215-563-7000 • BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS • CUMBERLAND COUNTY SERVICING, LP F/K/A COUNTRYWIDE HOME COURT OF COMMON PLEAS LOANS SERVICING, LP • CIVIL DIVISION • Plaintiff • NO. 12-7672-CIVIL • v. NANETTE E. MCKEON GERALD F. MCKEON Defendants PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c)provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph(A) or (B),the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment,the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant,NANETTE E. MCKEON, are unknown, a reasonable investigation of his/her last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a)provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of"not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a"good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and(3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the return of service, hereto as Exhibit "A",the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation,marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to NANETTE E. MCKEON at 7 FLAGSTONE DRIVE, CARLISLE, PA 17015-4386 and posting 7 FLAGSTONE DRIVE, CARLISLE, PA 17015-4386 and by publication pursuant to PA.R.C.P. 3129.2. Phelan Hallinan, LLP DATE: 2 /� /y By: John D ohn, Esquire Bar ID No: 312244 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 john.krohn@phelanhallinan.com 215-563-7000 • BANK OF AMERICA,N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS • CUMBERLAND COUNTY SERVICING, LP F/K/A COUNTRYWIDE HOME • COURT OF COMMON PLEAS • LOANS SERVICING, LP CIVIL DIVISION • Plaintiff • NO. 12-7672-CIVIL • v. NANETTE E. MCKEON GERALD F. MCKEON Defendants CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail,postage prepaid to the following interested parties on the date indicated below. NANETTE E. MCKEON 7 FLAGSTONE DRIVE CARLISLE, PA 17015-4386 GERALD F. MCKEON 223 CONSTITUTIONAL COURT MECHANICSBURG, PA 17050-1827 Phelan Hallinan, LLP DATE: Z/I?1!11 By: John D. hn, Esquire Bar ID No: 312244 Attorney for Plaintiff • • • • • • • • • • • • 6G� ?��� A 99 • 1� • • • • • • . • • . • • • . . • • AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/KIA COUNTRYWIDE PH#792543 HOME LOANS SERVICING,LP DEFENDANT SERVICE TEAM/lxh NANETTE E.MCKEON COURT NO.:12-7672-CIVIL GERALD F.MCKEON SERVE NANETTE E.MCKEON AT TYPE OF ACTION CARLISLE,PA.17015-4386 SALE DA1 h: March 12,2014 SERVED Served and made known to NANETTE E.MCKEON,Defendant on the_day of ,,20_,at ,o'clock_.M.,at ,in the manner described below: _Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). —Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other I, ,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: NO SERVE,D„ \ 1” On the day f N i ;20 ,at = clock .M.,I, competent adult hereby state that Defendant NOT FOUND because: Vacant _Does Not Exist Moved _ Does Not Reside(Not Vacant) o Answer on 11/q at- ; , l at Service Refused +c� 9' Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification t authorities. BY: ,,�,, 33 PRINTED NAME: tk ' I i t ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 Process Server Check List If Service Is Made: Spouses Names if Applicable Wife: Husband: Divorced: Yes ( ) No X / -- - No Servicelt/We 1 . Vacant: Yes ( No ( X ) 2 . Is there a name on the mailbox? Is it the defendants? 3 . Neighbor Contact : Yes ( )' ) No Left Side:—.11:Ji_-___ _Ini"..V.EgLk14:,11E____ Right Side : "1-Aa:c • 04;A) TZG 4 . For Sale Sign: Yes ( ) No Realtor Name: Company Name : Phone Number: 5 . Car in Drive Way Yes ( ) No ( Plate Number: (00116-1. 3.2( Ic-TTONlp hVg, 6= LS. MS)' vit,1/4.* 141_4)1-s TS -mac— eleti 13A Par tAtf-f-r 9E-f-c:44JT-S c WiTa■Arr 1 00 OP Uttlee EjoeNIP • • • • • • • • • • EXTIIIIT 66 II, • • • • • • • • • • AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 792543 Attorney Firm: Phelan Hallinan,LLP Subject: Nanette E.Mckeon&Gerald F. Mckeon Property Address: 7 Flagstone Drive,Carlisle,PA 17015 Possible Mailing Address: (Gerald F.Mckeon)223 Constitutional Court,Mechanicsburg, PA 17050 I.CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Nanette E.Mckeon-xxx-xx-7200 Gerald F. Mckeon-xxx-xx-9605 B. EMPLOYMENT SEARCH Nanette E. Mckeon&Gerald F.Mckeon-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Nanette E. Mckeon&Gerald F.Mckeon reside(s) at 7 Flagstone Drive,Carlisle, PA 17015. II.INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which indicated that Nanette E. Mckeon&Gerald F. Mckeon reside(s) at: 7 Flagstone Drive,Carlisle,PA 17015.On 10-25-13 our office made a telephone call to the subjects' phone number(717)245- 0056 and received the following information:not in service. B. On 10-25-13 our office made several telephone calls to a possible phone number of the subject(s) (717) 226-9673 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 10-25-13 our office made several phone calls in an attempt to contact Robert C. Shacklock Sr. (717) 258-4145,5 Flagstone Drive,Carlisle,PA 17015:answering machine. On 10-25-13 our office made several phone calls in an attempt to contact Mary E. Zeladonis (717) 243-7807,9 Flagstone Drive,Carlisle,PA 17015: answering machine. On 10-25-13 our office made a phone call in an attempt to contact Joanne H. Lingle (678)583-9121, 1.1 Flagstone Drive,Carlisle,PA 17015: disconnected. On 10-25-13 our office made several phone calls in an attempt to contact Stacey Connors (717)458-5485,214 Constitutional Court,Mechanicsburg,PA 17050: answering machine. On 10-25-13 our office made several phone calls in an attempt to contact Anthony Q. Spevacek (717) 671-9478,235 Constitutional Court,Mechanicsburg,PA 17050: answering machine. On 10-25-13 our office made several phone calls in an attempt to contact Raymond G. Mastrella (717)458-8462,221 Constitutional Court,Mechanicsburg,PA 17050: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 10-25-13 we reviewed the National Address database and found the following information:Nanette E. Mckeon&Gerald F.Mckeon-7 Flagstone Drive,Carlisle, PA 17015. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address: (Gerald F. Mckeon) 223 Constitutional Court,Mechanicsburg,PA 17050 V.OTHER INQUIRIES A. DEATH RECORDS As of 10-25-13 Vital Records and all public databases have no death record on file for Nanette E.Mckeon&Gerald F.Mckeon. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Nanette E. Mckeon-1979 Gerald F.Mckeon-1969 B. A.K.A. Nanette Elizabeth Mckeon;Nanette E.Thomas;Nanette E. Wagner Gerald Frederick Mckeon *Our accessible databases have been checked and cross-referenced for the above named individual(s). *Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. '-c.4904 relating to unsworn falsification to authorities. 1 The above information is obtained from available public records and we are only liable for the cost of the affidavit. EXHIBIT "C " in c• i1QZ a 833161.19£ 000 . ,,t:us 0 . + , £0181 dtZ its , 4',11`. 6hi $3M A wd« 1SOd S( ` � f ' till i :3 -141 , 11 e . - p 8 Iiii] a It a 0 e : t,_. 1 , gi a I r z iflu! a El oa � CD OV � - 0 ' 52cd a ]cE 4.' WI 6 4. .- -6 - 1 Ts „ i 1 tC, il w ro45 A 4 Z 1 n- cle ow Iii 11 *1 W t,,. T N — r, Fps Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey @phelanhallinan.com LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania February 7,2014 NANETTE E. MCKEON 7 FLAGSTONE DRIVE CARLISLE, PA 17015-4386 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. NANETTE E. MCKEON and GERALD F. MCKEON Premises Address: 7 FLAGSTONE DRIVE, CARLISLE,PA 17015-4386 CUMBERLAND County,No. 12-7672-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by February 14, 2014. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, LILY HAINEY,Legal Assistant for Phelan Hallinan,LLP 792543 Phelan Hallinan, LLP @ @, Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAI lifFr,; 1617 JFK Boulevard, Suite 1400 '- r ..• One Penn Center Plaza j-- C, C7 Philadelphia, PA 19103 .� � jonathan.etkowicz@phelanhallinan.com 1.© 215-563-7000 @ r � 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.: 12-7672-CIVIL NANETTE E. MCKEON GERALD F. MCKEON Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on December 21, 2012. 2. Judgment was entered on October 3, 2013 in the amount of$291,917.47. 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. 792543 • 4. The Property is listed for Sheriffs Sale on March 12, 2014. 5. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $251,387.91 Interest Through March 12, 2014 $48,825.64 Legal fees $1,500.00 Cost of Suit and Title $1,262.25 Property Inspections $55.00 Escrow Deficit $13,350.05 TOTAL $316,380.85 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on February 18, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Hess entered an order lifting conciliation stay dated June 12, 2013. 792543 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: 212-0 1 y By: _ Jona, i 7. Etkowicz, Esquire AT `• ' EY FOR PLAINTIFF 792543 • 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 v. • No.: 12-7672-CIVIL • NANETTE E. MCKEON GERALD F. MCKEON Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE NANETTE E. MCKEON and GERALD F. MCKEON 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 7 FLAGSTONE DRIVE, CARLISLE, PA 17015-4386. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be 792543 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 792543 • 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276(1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 792543 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However,Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs 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. 792543 • Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs 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 792543 Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 792543 • foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. 792543 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 . linan, LLP DATE: Z� BY .,' L_A Jonath i . Etkowicz, Esquire Attorn- or Plaintiff 792543 Exhibit "A" 792543 r1f Fi).OFFiCE L HE PROTHOUOTA1 'r PHELAN HALLINAN,LLP 2013 OCT —3 Q ri 10 AAIorney for Plaintiff Meredith Wooters, Esq.,Id.No.307207 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Meredith.Wooters@phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A SUCCESSOR BY CUMBERLAND COUNTY MERGER TO BAC HOME LOANS SERVICING,L.P.F/K/A COUNTRYWIDE : COURT OF COMMON PLEAS HOME LOANS SERVICING,L.P. : CIVIL DIVISION vs. . No. 12-7672-CIVIL NANETTE E.MCKEON GERALD F.MCKEON PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against NANETTE E.MCKEON and GERALD F.MCKEON, Defendant(s)for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $291,917.47 TOTAL $291,917.47 I hereby certify that(1)the Defendants'last known addresses are 7 FLAGSTONE DRIVE,CARLISLE, PA 17015-4386 and 223 CONSTITUTIONAL COURT, MECHANICSBURG, PA 17050-1827, and (2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. 1,\Ato -A-4-)Ait Date NH to Meredith Wooters, Esq.,Id. No.307207 Attorney r Pla' f DAMAGES ARE HEREBY ASSESSED AS INDICATED. 1 DATE: IC) S\13 PI #792543 PROTHONOTARY Ck.* ) 5.11c 792543 � ` � ,Ot 357 i ` Exhibit "B" 792543 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 February 1.1,2014 NANETTE E. MCKEON GERALD F. MCKEON 7 FLAGSTONE DRIVE 223 CONSTITUTIONAL COURT CARLISLE,PA 17015-4386 MECHANICSBURG,PA 17050-1827 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. NANETTE E.MCKEON and GERALD F. MCKEON Premises Address: 7 FLAGSTONE DRIVE CARLISLE,PA 17015 CUMBERLAND County CCP,No. 12-7672-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days, by 2/17/2014. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Aik tru1 0 •s, fri Ji nattan . Ekowicz Esq., Id.No.208786 A,o . ey for Plaintiff Enclosure 792543 in c4 c t'- i?i<in 11 83•l3.6t.920.42 . .r 9ML.4~ i £{Y161 dt2 _ �''� 1 _ ' S A3Nild<<30VLSQd S(1 - . r: , t O d d El" J i - + Ct it • .3 , 3 •�l a ilE 3 igi 1i y 11111� . O g g — C-y 0uS Ait J1211 ::w a Ps A o a. E øI .. W A. Q a z 4 P e W [ . a' E QQ o� Q 0 z a „,. � x • ° V id C is � tra s. .+ EW... c O c' S iVz g ^ i Vgra5 tx� a `° t ..�° zzt7c- UG9 0. lj su g. z .0 d C o CO 0, 41 "'2i E z �c00 a t34, :--ate,,i,4 ?,,,,:loiteig F.„.,01,24,.,,thaiills .....- . . :z- 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 • v. • No.: 12-7672-CIVIL NANETTE E. MCKEON GERALD F. MCKEON Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. NANETTE E. MCKEON GERALD F. MCKEON GERALD F. MCKEON 223 CONSTITUTIONAL COURT 7 FLAGSTONE DRIVE MECHANICSBURG, PA 17050-1827 CARLISLE, PA 17015-4386 Phelan Hallinan, LLP DATE: c24/0 L1-( By: ,I Jo M. Etkowicz, Esquire AT • ' EY FOR PLAINTIFF 792543 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.: 12-7672-CIVIL NANETTE E. MCKEON GERALD F. MCKEON Defendants RULE AND NOW,this 2 S - day of A4n, 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY TH COURT J. C . rr, - r�s f l- }.., IJ +� CD «j-";r�ss- 3 T-; �C-_ 792543 onathan M.Etkowicz,Esq.,Id.No.208786 Phelan Hallinan,LLP 1617.JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215) 563-3459 .,.-4ANETTE E. MCKEON . �RALD F. MCKEON GERALD F. MCKEON 223 CONSTITUTIONAL COURT 7 FLAGSTONE DRIVE MECHANICSBURG, PA 17050-1827 CARLISLE, PA 17015-4386 792543 l 792543 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA BANK OF AMERICA,N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS CIVIL DIVISION SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP NO. 12-7672-CIVIL Plaintiff =� X NANETTE E. MCKEON r'- GERALD F. MCKEON - --; r-0 Defendants =w: ORDER AND NOW,this Z S" day of 2014, after consideration of Plaintiff s Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant NANETTE E. MCKEON by: l� REGULAR MAIL TO NANETTE E. MCKEON at 7 , FLAGSTONE DRIVE, CARLISLE, PA 17015-4386 Service by / mail is complete upon the date of mailing CERTIFIED MAIL TO NANETTE E. MCKEON at 7 FLAGSTONE DRIVE, CARLISLE, PA 17015-4386 Service by mail is complete upon the date of mailing POSTING 7 FLAGSTONE DRIVE, CARLISLE, PA 17015-4386 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY THE OURT: /V J. PH# 792543 Y ,-1, a J. , .z/�.e. �y • tf'�ti f€ FE. 28 f fG i•ci L RLAN:) C.OU� T,' . •. r�•tNUSYLVAN A . . . .• • 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 Court of Common Pleas • SUCCESSOR BY MERGER TO BAC . HOME LOANS SERVICING, LP F/K/A Civil Division COUNTRYWIDE HOME LOANS . SERVICING,LP CUMBERLAND County Plaintiff . No.12-7672-CIVIL v. . NANETTE E.MCKEON GERALD F.MCKEON Defendant(s) PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF • • PURSUANT TO Pa.R.C.P.,2352 TO THE PROTHONOTARY: Kindly substitute BAYVIEW LOAN SERVICING,LLC as successor Plaintiff for the • . • . originally named Plaintiff. - • • The material facts on which the•right of succession and•substitution are based as'follow's: . • BAYVIEW LOAN SERVICING,LLC is the current holder of the mortgage by • virtue of that certain Assignment of Mortgage,which Assignient was recorded on . . • . • • . • 10/25/2.013•h Instrument No. 201334859 of the Recorder of Deeds Office in and for • . " " • .• CUMBERLAND County. Kindly amend the information on the docket accordingly. • �'liY!(( Date: B • _ • Courtenay R.Dunn,Esq.,Id.No. 06779 • Attorney for Plaintiff PH#792543 0 jakda st qvstiod 1 k- / 3 (,tor..3 pif-1 ) pass, • • • • • • ' . 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 Court of Common Pleas SUCCESSOR BY MERGER TO BAC . HOME LOANS SERVICING, LP F/K/A Civil Division COUNTRYWIDE HOME LOANS . SERVICING,LP CUMBERLAND County Plaintiff . No.12-7672-CIVIL v. . . NANETTE E.MCKEON • • GERALD F.MCKEON . • Defendant(s) • • • . PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF - • . : •TO THE PROTHONOTARY: . • : . '• Please mark the judgment in the above-captioned matter to the use of BAYVIEW LOAN • SERVICING, LLC, located.4425 PONCE DE LEON BLVD. 5TH FLOOR- MAIL ROOM CORAL • . • • . • . GABLES,FL.33146. . . . . , .• Date: ?/l!�l C(1 PHELAN HA 0,.,N,LLP • By: . Courtenay R.Dunn,Esq.,Id.No.206 79 • Attorney for Plaintiff PH#792543 • • • 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 Court of Common Pleas SUCCESSOR BY MERGER TO BAC . HOME LOANS SERVICING, LP F/K/A Civil Division COUNTRYWIDE HOME LOANS . SERVICING,LP CUMBERLAND County Plaintiff . . No.12-7672-CIVIL v. NANETTE E.MCKEON GERALD F.MCKEON Defendant(s) • • •ENTRY OF APPEARANCE . • • TO THE PROTHONOTARY: . . . Kindly enter my appearance on behalf of BAYVIEW LOAN SERVICING, LLC. . .• Date: Z f fak ' . . PHEL.1 .•- LINAN : • . . By: . Courtenay R.Dunn,Esq.,Id.No.206779. • Attorney for Plaintiff PH#792543 • • • 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 Court of Common Pleas SUCCESSOR BY MERGER TO BAC . HOME LOANS SERVICING, LP F/K/A Civil Division. COUNTRYWIDE HOME LOANS . SERVICING,LP CUMBERLAND County Plaintiff . No.12-7672-CIVIL v. . NANETTE E.MCKEON • • GERALD F.MCKEON • ' • • ' Defendant(s) • •'• • CERTIFICATION OF SERVICE . • I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe to Mark - . Judgment to BAYVIEW LOAN SERVICING,LLC, Substitution of Party Plaintiff and Entry of • . Appearance were served by regular mail on the person(s)on the date listed below: • . :NANETTE E.MCKEON •. •• . • • • . . • . • 7 FLAGSTONE DRIVE' • • CARLISLE,PA 17015-4386 . GERALD F.MCKEON - . • . 223 CONSTITUTIONAL COURT . • MECHANICSBURG,PA 17050-1827 Date: `2 r PHELA AN,LLP By: 7 Courtenay R.Dunn,Esq.,Id.No.206779 i L,v:11--C1F n'.- Tiff. PROTHONOTA Phelan Hallinan, LLP k , o Justin F. Kobeski, Esq., Id. No.z. 9 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 140NI 7.,c5N-Ip —1 A B M : 5 ) One Penn Center Plaza 1BERLNO COLINI Y PENNSYLVANIA Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 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 Plaintiff VS. Court of Common Pleas Civil Division CUMBERLAND County No.: 12-7672-CIVIL NANETTE E. MCKEON GERALD F. MCKEON Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's February 25, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. NANETTE E. MCKEON GERALD F. MCKEON 7 FLAGSTONE DRIVE CARLISLE, PA 17015-4386 DATE: By: GERALD F. MCKEON 223 CONSTITUTIONAL COURT MECHANICSBURG, PA 17050-1827 Justin F obeski, Es.., Id. No.200392 Atto ey for Plaintiff 792543 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312�2.44 a --t4 1617 JFK Boulevard, Suite 140' t One Penn Center Plaza Philadelphia, PA 19103 t T�°�1�1`� 1�'SY�VR 11 j ohn. krohn @phelanhallinan. com 215 -563 -7000 CIU BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F /K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff vs. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 12- 7672 -CIVIL NANETTE E. MCKEON GERALD F. MCKEON Defendants 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 February 21, 2014. 2. A Rule was issued by the Honorable KEVIN A HESS on or about February 25, 2014 directing the Defendants to show cause by March 17, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on March 6, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendants failed to respond or otherwise plead by the Rule Returnable date of March 17, 2014. 792543 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. DATE: 4414 By: Phelan HlIinan, LLP John D. ¥rohn, Esquire Attorney for Plaintiff 792543 Exhibit "A' 792543 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA • BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F /K /A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff NANETTE E. MCKEON GERALD F. MCKEON Defendants AND NOW, this, day o to sho RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -7672 -CIVIL 4, a Rule is-entered upon the Defendants ' cause why an Order should not 'be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 792543 Jonathan M. Etkowicz, Esq., Id. No.208786 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 1EL: (215) 563 -7000 FAX: (215) 563 -3459 NANETTE E. MCKEON GERALD F. MCKEON 7 FLAGSTONE. DRIVE CARLISLE, PA 17015 -4386 GERALD F. MCKEON 223 CONSTITUTIONAL COURT MECHANICSBURG, PA 17050 -1827 792543 792543 Exhibit "B" 792543 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff • NANETTE E. MCKEON GERALD F. MCKEON Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 12-7672-CIVIL CERTIFICATION OF SERVICE tr‘ , r 7,"7/' Ott"' hereby certify that a true and correct copy of the Coura.Fehrtiaty 25, 10141(„ttle c73 )7, directing the Defendants to show cause as to why Plaintiff S Motion to keassess-Damages *odd" - not be granted was served upon the following individuals on the date intr. belbw , NANETTE E. MCKEON GERALD F. MCKEON 7 FLAGSTONE DRIVE CARLISLE, PA 17015-4386 DATE; By: GERALD F. MCKEON 223 CONSTITUTIONAL COURT MECHANICSBURG, PA 17050-1827 Phelan Hal 1. la114 LLP Justin F 'ob.es):1, Esc., Id. No.200392 Attc ev for Plaintiff 792543 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 ATTORNEY FOR PLAINTIFF 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.: 12-7672-CIVIL NANETTE E. MCKEON GERALD F. MCKEON Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. NANETTE E. MCKEON GERALD F. MCKEON 7 FLAGSTONE DRIVE CARLISLE, PA 17015-4386 DATE: By: John D ohn, Esq., Id. No.312244 Attorney for Plaintiff GERALD F. MCKEON 223 CONSTITUTIONAL COURT MECHANICSBURG, PA 17050-1827 Phelan inan, LLP 792543 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 HOME Civil Division LOANS SERVICING, LP Plaintiff CUMBERLAND County VS. NANETTE E. MCKEON GERALD F. MCKEON Defendants AND NOW, this 1Y No.: 12-7672-CIVIL ORDER --1 day of 4301 , 2014, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants 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 tune as follows: Principal Balance Interest Through March 12, 2014 Legal fees Cost of Suit and Title Property Inspections Escrow Deficit TOTAL 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. $251,387.91 $48,825.64 $1,500.00 $1,262.25 $55.00 $13,350.05 $316,380.85 PHELAN HALLINAN, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 • 20111114 20 CUMBERLAND COUNTY PENNS YL VA NIA BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME : LOANS SERVICING, LP Plaintiff vs. NANETTE E. MCKEON GERALD F. MCKEON Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 12 -7672 -CIVIL AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to NANETTE E. MCKEON on 3/12/2014 in accordance with the Order of Court dated 2/25/2014. The property was posted on 3/18/2014. Publication was advertised in The Sentinel on 3/15/2014 & in The Cumberland Law Journal on 3/21/2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan H DATE: S4/1/ By: John M' v' ael Kolesnik, Esq., Id. No.308877 Atto ,� for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME • LOANS SERVICING, LP Plaintiff v. NANETTE E. MCKEON GERALD F. MCKEON Defendants • • • ORDER CIVIL DIVISION NO. 12 -7672 -CIVIL c r" vim; zo a IZ:8 WV 9Z 8141116Z AND NOW, this .ZS1-��, day of otwat. 5.. , 2014, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant NANETTE E. MCKEON by: ✓ REGULAR MAIL TO NANETTE E. MCKEON at 7 FLAGSTONE DRIVE, CARLISLE, PA 17015-4386 Service by mail is complete upon the date of mailing CERI MED MAIL TO NANETTE E. MCKEON at 7 FLAGSTONE DRIVE, CARLISLE, PA 17015-4386 Servi.T T11 I: a, I T I I PH # 792543 o mg POSTING 7 FLAGSTONE DRIVE, CARLISLE, PA 17015-4386 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY THE COURT: /1/ 4a4.--4.-4-44' 4.14 J. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland lqaSq3 seg Patrick Doane, Production Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): March 15, 2014. COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12 -7672 -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. NANETTE E. MCKEON and GERALD F. MCKEON NOTICE TO: NANETTE E. MCKEON NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Being Premises: 7 FLAGSTONE DRIVE, CARLISLE, PA 17015-4386 Being in SOUTH MIDDLETON TOWNSHIP, County of CUMBERLAND, Commonwealth of Pennsylvania, 40-24-0758-215. Improvements consist of residential property. Sold as the property of NANETTE E. MCKEON and GERALD F. MCKEON Your house (real estate) at 7 FLAGSTONE DRIVE, CARLISLE, PA 17015-4366 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM, at the CUMBERLAND County Courthouse, 1 Courthouse Square, Room 303, Carlisle, PA 17013, to enforce the Court Judgment of $291,917.47 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 the above premises. PHELAN HALLINAN, LLP Attorney for Plaintiff Affiant further deposes that he/ she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this I5} dat6 do ()Arch R0\4 Wk)(1/k V Notary IPublic My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Bethany M. Holtry, Notary Public Carlisle Bora, Cumberland County My Commission Expires Sept. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND • • ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz March 21, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. A Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 21 day of March, 2014 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 • CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 12 -7672 -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. NANETTE E. McKEON and GERALD F. McKEON NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: NANETTE E. McKEON Being Premises: 7 FLAGSTONE DRIVE, CARLISLE, PA 17015-4386. Being in SOUTH MIDDLETON TOWNSHIP, County of CUMBER- LAND, Commonwealth of Pennsyl- vania, 40-24-0758-215. Improvements consist of residen- tial property. Sold as the property of NANETTE E. McKEON and GERALD F. McKE- ON. Your house (real estate) at 7 FLAGSTONE DRIVE, CARLISLE, PA 17015-4386 is scheduled to be sold at the Sheriff's Sale on June 4, 2014 at 10:00 A.M. at the CUM- BERLAND County Courthouse, 1 Courthouse Square, Room 303, Car- lisle, PA 17013, to enforce the Court Judgment of $291,917.47 obtained by, BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SER- VICING, LP (the mortgagee), against the above premises. PHELAN HALLINAN, LLP Attorneys for Plaintiff Mar. 21 8 Name and Address of Sender PHELAN HALLINAN & SCHIVHEG One Penn Center at Suburban, Suite 1400 Philadelphia, PA 19103 Line Article Number Name of Addressee, Street, and Post Office Address 0 0 yVi co 1 `"`* NANETTE E. MCKEON 7 FLAGSTONE DRIVE CARLISLE, PA 17015-4386 2 **** 3 **** 4 **** 5 6 **** 7 **** 9 **** 10 **** 11 **** 12 **** 13 **** 14 15 RE: NANETTE E. MCKEON PH -792543 CUMBERLAND Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) ..-SPL-CERTIFICATE OF MAILING -NOS CODE -1020 0 N O O O AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE PH # 792543 HOME LOANS SERVICING, LP DEFENDANT SERVICE TEAM/ spl NANETTE E. MCKEON COURT NO.: 12 -7672 -CIVIL GERALD F. MCKEON SERVE NANETTE E. MCKEON AT: 7 FLAGSTONE DRIVE CARLISLE, PA 17015-4386 ****PLEASE POST THE PROPERTY*** TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 06/04/2014 SERVED Served and made known to NANE I k, E. MCKEON, Defendant on the 1$ day of ._AM -4<- 4 20 14, at UP', o'clock A M., at 7 FLAGSTONE DRIVE, CARLISLE, PA 17015-4386, in the manner described below: _ Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company, XX Other: POSTED THE PROPERTY Description: Age Height Weight Race . Sex Other Ronald MoLi , a competent adult, hereby verify that I. personally posted the property with a true and comet copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DALE: III S f 14 NAME: Ronald Moll PRINTED NAME: TITLE: Process Server NOT SERVED On the day of,20 , at o'clock M,, I, a competent adult hereby state that Defendant NOT -FOUND because: Vacant Does Not Exist Moved Does Not Reside (Not Vacant) _No Answer on at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schrrdeg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Mario J. Hanyon, Esq., Id. No. 203993 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 Justin F. Kobeski, Esq., Id. No. 200392 1 I 1 1 I 1 iii R I 1 7778 2477 6099 0760 3083 SPL / 792543/1020 NANETTE E. MCKEON 7 FLAGSTONE DRIVE CARLISLE, PA 17015-4386 --fold here (regular) -- fold here (6x9) --fold here (regular) II 1 USPS.com® - USPS TrackingTM Page 1 of 2 English Customer Service USPS Mobile USPS.COM ►• Quick Tools Ship a Package USPS TrackingTM Tracking Number: 7178241,7609901603083 Expected Delivery Day: Friday, March 14, 2014 Product & Tracking Information Postal Product: First -Class Mair March 19, 2014, 4:43 pm March 19, 2014 , 10:37 am March 19, 2014 , 10:27 am March 19, 2014 , 5:45 am March 19, 2014 March 18, 2014 , 7:47 pm March 17, 2014 , 1:17 pm March 15, 2014, 7:40 am March 15, 2014 March 14, 2014 , 3:52 pm March 12, 2014 March 12, 2014 , 7:52 pm March 12, 2014 , 6:37 pm March 12, 2014 Features: Certified Mail" Send Mail Manage Your Mail Return Receipt Electronic Delivered MECHANICSBURG, PA 17050 Out for Delivery MECHANICSBURG, PA 17055 Sorting Complete MECHANICSBURG, PA 17055 Arrival at Unit MECHANICSBURG, PA 17055 Depart USPS Sort HARRISBURG, PA 17107 Facility Processed through HARRISBURG, PA 17107 USPS Sort Facility Processed through LANCASTER, PA 17604 USPS Sort Facility Processed through LANCASTER, PA 17604 USPS Sort Facility Depart USPS Sort LANCASTER, PA 17604 Facility Processed through LANCASTER, PA 17604 USPS Sort Facility Depart USPS Sod PHILADELPHIA, PA 19176 Facility Processed at USPS PHILADELPHIA, PA 19176 Origin Sort Facility Accepted at USPS PHILADELPHIA, PA 19103 Origin Sort Facility Electronic Shipping Info Received Track Another Package What's your tracking (or receipt) number? Track It Register f Sign In Search USPS.com or Track Packages Shop Business Solutions gi Customer Service > Have questions? We're here to help. Available Actions USPS Text Tracking"` Email Updates https://tools.usps.com/go/TrackConfirmAction.action?tLabels=71782417609901603083 4/9/2014 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Imo. I. I lr l ii0 l HO .0 TAti`.. LORI AUG 18 PM112: 15 CUMBERLAND COUNTY PENNSYLVANIA OFFICE OP Tr?Ece!? FIFE Bank of America, N.A. vs. Nanette E McKeon (et al.) Case Number 2012-7672 SHERIFF'S RETURN OF SERVICE 01/08/2014 11:08 AM - Deputy Valerie Weary, 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: Gerald F McKeon at 223 Constitution Court, Mechanicsburg, PA 17055, Cumberland County. 01/10/2014 11:27 AM - Deputy Jeff Kolodzi, 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 7 Flagstone Drive, South Middleton - Township, Carlisle, PA 17015, Cumberland County. 01/10/2014 11:27 AM - Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Nanette E. McKeon, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 7 Flagstone Drive, Carlisle, PA 17015, property is vacant, defendant did not leave a forwarding address at the post office. cab. 03/05/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/4/2014 06/04/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse 1 Courthouse Square Carlisle Pa, 17013 at 1000 am on June 4, 2014. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of, Bayview Loan Servicing LLC, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $949.23 SO ANSWERS, July 28, 2014 of CountySu to Sheriff, T'eleosolt, Inc. ROOR ANDERSON, SHERIFF f©spot. ac-. a.as"pd-Co e C7297 3oy96 • On November 7, 2013 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, Known and numbered as, 7 Flagstone Drive, Carlisle, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: November 7, 2013 E0 By: R1 Estate Coordinator LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2012-7672 Civil Term Bank of America, N.A. vs. Nanette E. McKeon Gerald F. McKeon Atty.: Joseph Schalk By virtue of a Writ of Execution No. 12 -7672 -CIVIL, BANK OF AMER- ICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVIC- ING, L.P. f/k/a COUNTRYWIDE HOME LOANS SERVICING, L.P. vs. NANETTE E. McKEON, GERALD F. McKEON, owner(s) of property situate in SOUTH MIDDLETON TOWNSHIP, CUMBERLAND County, Pennsylva- nia, being 7 FLAGSTONE DRIVE. CARLISLE, PA 17015-4386. Parcel No. 40-24-0758-215. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $291,917.47. 62 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: January 24, January 31, and February 7, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Coyne, SWORN TO AND SUBSCRIBED before me this 7 day of February, 2014 GC.• ( L4� Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 26, 2014 -The.Patri©t-News Co. ,2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE _ CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the patriot -News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2012-7672 Civil Terih Bank of America, N.A. Vs Nanette E McKeon Gerald F McKeon Atty: Joseph Schalk By virtue of a Writ of Execution No. 12 -7672 -CIVIL BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. v. NANEI 1F E. MCKEON GERALD F. MCKEON owner(s) of property situate in SOUTH MIDDLETON TOWNSHIP, CUMBERLAND County, Pennsylvania, being 7 FLAGSTONE DRIVE. CARLISLE, PA 17015-4386 Parcel No. 40-24-0758-215 (Acreage or street address) Improvements thereon. RESIDENTIAL DWELLING • Judgment Amount: $291,917.47 This ad ran on the date(s) shown below: 01/19/14 01/26/14 02/02/14 Swor t. d subsc ibed beforer tib th'. • 8 day of Feb L ary, 2014 A.D. ary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Hotly Lynn Waft!, Notary Public Washington TWp., Dauphin County My Commission Expires Dec. 12L 2016 MEMBER, PENNSYLVANIA ASSOCIATION OP NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Bayview Loan Servicing LLC is the grantee the same having been sold to said grantee on the 4th day of June A.D., 2014, under and by virtue of a writ Execution issued on the 3rd day of October, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 7672, at the suit of Bank of America N A against Nanette E McKeon & Gerald G is duly recorded as Instrument Number 201413849. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this , A.D. ,20/9 Y4r(LJ7It, day of Recorder of Deeds ecorder ds, Cumberland County, Carlisle, PA My Commi ! ion Expires the First Monday of Jan. 2018