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HomeMy WebLinkAbout13-0226~.:~~~ i ,~i~ F'I~JTI~i~~h'~ ~'~;:~ ~, Z~13 JAPE 14 AI; 10:3$ c~p~~~sY~°~ aul~vr~ r~~a PHELAN HALLINAN, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff v. JANET DUNCAN, in her capacity as Heir of LEO D. JACOBS, Deceased 320 APPOMATTOX ST, APT 15 HOPEWELL, VA 23860-2836 UNKNOWN HEIIZS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS, DECEASED 410 WEST ELMWOOD AVENUE MECHANICSBURG, PA 17055-4127 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DMSION TERM ~(~ LV~ NO. CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 294959 an,} $Io37S~ any ~+~~ l a~ a.~ i ~~~ aasa~3 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 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 #: 294959 1. Plaintiff is BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: JANET DUNCAN, in her capacity as Heir of LEO D. JACOBS, Deceased 320 APPOMATTOX ST, APT 15 HOPEWELL, VA 23860-2836 UNKNOWN HEIIZS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS, DECEASED 410 WEST ELMWOOD AVENUE MECHANICSBURG, PA 17055-4127 who is/are the real owner(s) of the property hereinafter described. On 03/24/2008 KATHRYN W. JACOBS and LEO D. JACOBS made, executed and delivered a mortgage upon the premises hereinafter described to RESIDENTIAL FINANCE CORP. AN OHIO CORPORATION which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200810543. By Assignment of Mortgage recorded 10/28/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201129927.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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2011 and each month thereafter are due and unpaid, and by the terms File #: 294959 of said mortgage, upon failure of Mortgagor to make such payments after a date specified 6. by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage as of O 1 / 10/2013: Principal Balance $142,196.96 Interest $16,174.83 05/O 1 /2011 through O 1 /31 /2013 Late Charges $42.97 Property Inspections $75.00 Property Preservation $455.00 Escrow Deficit 4 410.27 TOTAL $163,355.03 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 Defendants} has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. File #: 294959 10. Plaintiff hereby releases KATHRYN W. JACOBS from liability for the debt secured by the mortgage. 11. Mortgagor LEO D. JACOBS died on September 17, 2010 and upon information and belief, his surviving heirs are KATHRYN W. JACOBS, JANET DUNCAN and BLAIR YOUNG. 12. Plaintiffs representative contacted the Register of Wills of CUMBERLAND COUNTY and was informed that no estate has been raised on behalf of the decedent mortgagor. 13. By executed waiver(s), KATHRYN W. JACOBS and BLAIR YOUNG waived their right to be named as a defendant in the foreclosure action. Said waiver(s) is/are attached as Exhibit " A " 14. Plaintiff hereby releases LEO D. JACOBS, from liability for the debt secured by the mortgage. 15. Plaintiff does not hold the named Defendant(s), JANET DUNCAN, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant(s) in the aforesaid real estate only, and the Defendant(s) has/have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). File #: 294959 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $163,355.03, 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: PHELAN H~LINAN, LLP Allison ~! We s, sq., Id. No.309519 Attorney for Plaintiff, A!~ ~ 1,~~ N'~- (/~ File #: 294959 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate on the north side of West Elmwood avenue, in the borough of Mechanicsburg, county of Cumberland and state of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the building line of West Elmwood avenue, at corner of lands now or formerly of Keefauver thence by land of Keefauver, north 24 degrees west, ninety-eight (98) feet to a point; thence by lands now or formerly of Howard J. Quigley north 66 degrees east, seventy- five and sixty-six hundredths (75.66) feet to a point; thence by land now or formerly of Arlene L. Alexander (referred) to as lot no. 30 in the plan of lots hereinafter mentioned), south 24 degrees east, ninety-eight (98) feet to a point on the northern line of West Elmwood avenue; thence by the northern line of West Elmwood avenue, south 66 degrees west, seventy-five and sixty-six hundredths (75.66) feet to a point, the place of beginning. TAX ID #: 20-24-0785-440A BEING all and the same lands and premises conveyed to Leo D. Jacobs and Kathryn W. Jacobs, his wife by Irene N. Kockler Gott, formerly known as Irene N. Kockler, and Gilbert V. Gott in a indenture deed executed 7/2/1985 and recorded 7/3/2005 in book 131, page 852 of the Cumberland county, Pennsylvania land records. PROPERTY ADDRESS: 410 WEST ELMWOOD AVENUE, MECHANICSBURG, PA 17055-4127 PARCEL # 20-24-0785-44A File #: 294959 Exhibit "A" WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, BLAIR YOUNG, Heir of LEO D. JACOBS, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 410 WEST ELMWOOD AVENUE, MECHANICSBURG, PA 17055-4127, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. ,1141 et seq., which may be instituted by BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff s sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff s sale of the mortgage premises. Date: BLAIR YOUNG, eir of LEO D. JACOBS, Deceased VERIFICATION ~v1 frl,clar.l D,I~~, hereby states that h~e'she is ACS-sl,~f~rl_~~s,dcnl" of BANK OF AMERICA, N.A., Plaintiff in this matter, tha}~~she is authorized to make this Verification, and verify that the statements made in the foregoi``ng Civil Action in Mortgage Foreclosure are true and correct to the best of~er information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: j ~ j J' File#: 294959 Name: DUNCAN ~ ~- ~ ~~ Na e: ~~1 ~~~ac ~ ~'~~c._ Title:~~-S~-~.~ ~~ ~es ~~cn t BANK OF AMERICA, N.A. Fi)e #: 294959 Prr.iR. ~ :I? ZrT ~'. s FORM I BA `1]K OF AMERICA, N.A., SUCCESSOR BY MEE:GI:R TO BAC HOME LOANS SERVICING, LP F'E:A COUNTRYWIDE HOME LOANS SEE:VICING, LP Plaintiff(s) vs. JANET DUNCAN, in her capacity as Heir of LEO D. JACOBS, Deceased UNT~:NOWN HEIRS, SUCCESSORS, ASSIGNS, AN:D ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS, DECEASED Defendant(s) r~pcdated IPI/RI/2Q11 IN THE COURT OF COMMON PL)~~S ~~ OF CUMBERLAND COUNTY, PENNSY~VA~A ~' ` a ~-~ ~: <~ - -- ~~ ~~ k. . ~ ~ ~ r. c:'~ ~-. 2' ..,,. c'~ ~ ~~ c -r .-, ~~ I> C C1 C~ .' --t r~~ --, T~ I J ' ~~ Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no chazge 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 fmancial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity 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. .Date ~- y o amtiff Respectfully submitted: Allis .Wells, Esq., Id. ~ ,~1~ No. 9519 Attorne f r Pl ' ' FORM 2 Date Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet 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: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if dii~ City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Office: Other: State: Zip: State: Zip: Yes ^ No ^ Listing date: _Price: $ Realtor Phone: Yes ^ No ^ Home: Cell: State: Zip: Office: Other: How long? Home: Cell: Email: # of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: 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 #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 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 Mort a e Food 2°d Mort a e Utilities Car Pa ment s Condo/Nei .Fees Auto Insurance Med. not covered Auto fueUre airs Other ro a ment Install. Loan Pa ment Cable TV Child Su ort/Alim. S endin Mone Da /Child Care/Tuft. Other Ex enses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ^ No ^ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ^ No ^ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ^ No ^ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): 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) 2013 MAR 26 AM 10. 10 C"BE 1 + AND COUNTY PENNSYLVANIA Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 Attorney for Plaintiff BANK OF AMERICA, N.A., SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP NO. 13-226-CIVIL VS. CUMBERLAND COUNTY JANET DUNCAN, in her capacity as Heir of LEO D. JACOBS, Deceased ET AL. MOTION FOR S&KUCE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, respectfully requests that this Honorable Court enter an ORDER granting Plaintiff's Motion for Service Pursuant to Special Order of Court in the above captioned matter and in support thereof avers the following: 1. The property located at 410 WEST ELMWOOD AVENUE, MECHANICSBURG, PA 17055-4127 is owned by KATHRYN W. JACOBS and LEO D. JACOBS, as {tenants by the entireties or joint tenants with the right of survivorship or tenants in 294959 common} by virtue of a deed dated 03/24/2008 and recorded 04/04/2008 in Instrument # 200810543 of the CUMBERLAND County Recorder of Deeds Office. 2. On March 24, 2008, KATHRYN W. JACOBS and LEO D. JACOBS made, executed, and delivered a mortgage upon the premises at 410 WEST ELMWOOD AVENUE, MECHANICSBURG, PA 17055-4127. 3. The loan is in default as payments due June 1, 2011 and each month thereafter are due and unpaid. 4. Real Owner LEO D. JACOBS died on September 17, 2010. 5. Plaintiffs representative contacted the Register of Wills of CUMBERLAND County and was informed that no estate has been raised on behalf of the decedent mortgagor. 6. Plaintiff performed a Good Faith Investigation in an attempt to identify and locate the heirs of LEO D. JACOBS. Plaintiffs investigation was unable to locate any heirs. Attached hereto, marked as Exhibit "A" is a true and correct copy of Plaintiffs Affidavit of Good Faith Investigation. 7. By letters dated April 6, 2012 and May 17, 2012, Plaintiff attempted to contact potential relatives and any possible heirs of LEO D. JACOBS to inform them of the foreclosure and to request heir information. Attached hereto, marked as Exhibit "B" are true and correct copies of said letters. 8. On May 29, 2012, Plaintiff was contacted by Janet Duncan, daughter of LEO D. JACOBS, who stated that the borrower is survived by herself, BLAIR YOUNG and KATHRYN W. JACOBS. She stated that her mother and sister live in the property. 9. Upon information and belief,the surviving heirs at law and next-of-kin of LEO D. JACOBS is JANET DUNCAN, BLAIR YOUNG and KATHRYN W. JACOBS 294959 10. By letter dated July 23, 2012 and September 27, 2012, Plaintiff contacted JANET DUNCAN, BLAIR YOUNG and KATHRYN W. JACOBS to inform her of the foreclosure action. Plaintiff attached with its letter a Waiver by Heir of Right to be Named as a Defendant. Plaintiff also requested information regarding the heirs of LEO D. JACOBS. Attached hereto, marked as Exhibit "C" is a true and correct copy of Plaintiffs letter. 11. By executed waiver(s), BLAIR YOUNG and KATHRYN W. JACOBS waived their right to be named as a defendant in the foreclosure action. Said waiver(s) are attached as Exhibit" D ". 12. On January 14, 2013, Plaintiff filed an Action in Mortgage Foreclosure. Attached hereto, marked as Exhibit "E" is a true and correct copy of the Complaint in Mortgage Foreclosure. 13. Plaintiff named as a defendant, the unknown heirs, successors, assigns, and all persons, firms or associations claiming right, title or interest from or under the decedent record owner in order to ensure that all possible parties with an interest in said property are notified of these proceedings and in order to ensure that good and marketable title to said property is conveyed by any future sheriffs auction. See Exhibit "E." 14. Because there may be parties with an interest in the mortgaged premises that are unknown, Plaintiff must effectuate service through Special Order of Court. 15. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that No Judge has previously entered a ruling in this case. 16. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to the Defendants on March 13, 2013, and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct 294959 copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "F." WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint, and all future pleadings, by regular mail,by posting of the mortgaged premises, and by publication. Respectfully submitted, PHELAN HAL INAN, LLP Date: �� By: Jo Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff 294959 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 Attorney for Plaintiff BANK OF AMERICA, N.A., SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP NO. 13-226-CIVIL VS. CUMBERLAND COUNTY JANET DUNCAN,in her capacity as Heir of LEO D. JACOBS, Deceased ET AL. MEMORANDUM OF LAW According to Pa.R.Civ.P. 430(a), a plaintiff may petition the court to provide an alternative to personal service if the plaintiff cannot serve a party personally. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why personal service cannot be made." Pa.R.Civ.P. 430 (a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Only after such proof has been offered is the Court authorized to direct another method of substitute service. Deer Park Lumber, Inc. v. Major, 384 Pa.Super. 625,559 A.2d 941, 944 (1988), appeal 294959 denied, 525 Pa. 582, 575 A.2d 113 (1990). Plaintiff has attached a report to its Motion, which sets forth the nature and extent of the investigation that has been made to determine the whereabouts of the heirs and assigns and the reason that such service cannot be made. Attached hereto, marked as Exhibit "A" is a copy of the Affidavit of Good Faith Investigation. A deceased mortgagor need not be named as a party in a foreclosure action. Federal Land Bank of Baltimore v. King, 294 Pa.86, 143 A. 500 (1928). The personal representative, heir or devisee of a deceased mortgagor, if known, (unless released from liability) must be named as a defendant in a mortgage foreclosure action. Moyer v. Diehl, 130 Pa.Super. 115, 196 A. 575 (1938). In the instant action, Plaintiff has appropriately named the unknown heirs, successors, assigns and all persons, firms, and associations claiming right title or interest from or under the decedent mortgagor as a defendant in order to convey clear and marketable title after a foreclosure sheriffs sale. Title companies customarily require foreclosing mortgagees to name the unknown parties in order to assure that any potential party with an interest in the mortgaged premises has an opportunity to defend the foreclosure. Finally, Plaintiff is seeking only to enforce an in rem judgment through the foreclosure of the mortgaged premises and is not pursuing a deficiency judgment in this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant the requested relief. PHELAN H LLINAN, LLP Date: By: Michael Kolesnik,Esq.,Id.No.308877 ttorney for Plaintiff 294959 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 FAX#: 215-568-7616 March 19,2013 JANET DUNCAN 320 APPOMATTOX ST, APT 15 HOPEWELL, VA 23860-2836 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS,DECEASED 410 WEST ELMWOOD AVENUE MECHANICSBURG, PA 17055-4127 RE: BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP vs. JANET DUNCAN,in her capacity as Heir of LEO D.JACOBS,Deceased ET AL. Civil Docket No. 13-226-CIVIL Dear Defendant: Enclosed please find a copy of my proposed Motion for Special Service of the Complaint and all future pleadings and Order. In accordance with CUMBERLAND County Local Rule 208.3(9) I am seeking your concurrence with the requested relief. Please respond to me within one week,by (Date). Should you have any further questions or concerns,please feel free to contact me. Otherwise,please be guided accordingly. Sincerely, SEAN MCLAUGHLIN Legal Assistant PHS#294959/SNM Exhibit "A" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 294959 Attorney Firm: Phelan,Hallinan&Schmieg,LLP Subject: Leo D.Jacobs Property Address: 410 West Elmwood Avenue,Mechanicsburg,PA 17055 I.CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Leo D.Jacobs B. EMPLOYMENT SEARCH Leo D.Jacobs-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Leo D.Jacobs reside(s)at:410 West Elmwood Avenue,Mechanicsburg,PA 17055. II.INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which had no listing for Leo D.Jacobs. B. On 04.05-12 our office searched directory assistance databases,which had no phone number for Leo D.Jacobs.Our office was unable to locate any heir for Leo D.Jacobs. 111.OBITUARY SEARCH A. Attempted to find obituary via http://oa.newsbank.com/ B, Found obituary published September 19,2010 in the Patriot-News,The(Harrisburg,PA),See attached. IV.INQUIRY OF HEIRS AND NEIGHBORS On 04-05-12 our office was unable to locate any information for Guy Jacobs,relative of Leo D.Jacobs. On 04-05-12 our office was unable to locate any information for Joanne Simpson,relative of Leo D.Jacobs. On 04-05-12 our office was unable to locate any information for Estelle Womack,relative of Leo D.Jacobs. On 04-05-12 our office attempted to contact Blair L.Young,relative of Leo D.Jacobs at:410 West Elmwood Avenue, Mechanicsburg,PA 17055,but was unable to get any phone number for him. On 04-05-12 our office attempted to contact Hunter Jacobs,relative of Leo D.Jacobs at:2 Brentwood Road,Camp Hill, PA 1 7011,but was unable to get any phone number for him. On 04-05-12 our office attempted to contact Ashlee Jacobs,relative of Leo D.Jacobs at:2 Brentwood Road,Camp Ili)], PA 170.11.but was unable to vet anv phone number for her. On 04-05-12 our office attempted to contact Beth Ann Kelley,potential relative of Leo D.Jacobs at:107 Old York Road,Lot 311,New Cumberland,PA 17070,but was unable to get any phone number for her. On 04-05-12 our office attempted to contact Ruth Ann Timothy,potential relative of Leo D.Jacobs at:16 Nottingham Road,Cainp Hill,PA 17011,but was unable to get any phone number for her. On 04-05-12 our office attempted to contact Joseph H.Jacobs,potential relative of Leo D.Jacobs at:2 Brentwood Road., Camp Hill,PA 17011,but was unable to get any phone number for him. On 04-05-12 our office made a phone call in an attempt to coil'tact Kathryn W.Jacobs Jr...relative of Leo f).Jacobs at 717)697-4035,410 West Elmwood Avenue,Mechanicsburg,PA 170055:not in service. Oil 04-05-12,04-06-12&014-09-12 our office made several phone calls in an attempt to contact Janet C.Disic;m, relative of Leo D.Jacobs at(717)697-2324,410 West Elmwood Avenue,Mechanicsburg,PA 17055:answering !machine. On 04-05-12 our office inade a phone call in an attempt to contact Amy J.Boger,potential relative of Leo D.Jacobs at (717)861-4510,6 North Lancaster Street,Jonestown,PA 17038:spoke with an unidentified female who could not confirm any heir for the Leo D.Jacobs. On 04-15-12,044)6-12&04-09-12 our office made several phone calls in an attempt to contact Amanda Lynn Duncan, potential relative of Leo D.Jambs at(717)635-8376,7941 Umberger Road,Harrisburg,PA 17112 answering machine. On 04-05-12,04406-12&04-09-12 our office made several phone calls in an attempt to contact Dana Marie Bentsel, potential relative of Leo D.Jacobs at(71.7)582-4426,118 Sherby lane,Shermans Dale,PA 17090.answering machine. On 044)5-12,04-06-12&04-09-12 our office made several phone calls in an attempt to contact Betsey M.Bell,potential relative of Leo D.Jambs at(717)370-2012,537 North Zd Street,Steelton,PA 17113:answering machine. On 04-05-12,04406-12&04-09-12 our office made several phone calls in an attempt to contact Betsey M.Bell,potential relative of Leo D.Jacobs at(717)9395533,537 North 2nd Street,Steelton,PA 17113:answering machine. On 04405-12,04-06-12&04.09-12 our office made several phone calls in an attempt to contact Allyson B.Harris, neighbor of the subject at(717)691-7983,408 West Elmwood Avenue,Mechanicsburg,PA 17055:no answer. On 04-05-12,044)&12&04-09-12 our office made several phone calls in an attempt to contact John F.Amicucci, neighbor of the subject at(717)691-5626,406 West Elmwood Avenue,Mechanicsburg,PA 17055:answering machine. On 04-05-12,04406-12&04419-12 our office made several phone calls in an attempt to contact Susan L.Williams, neighbor of the subject at(717)766-0271,404 West Elmwood Avenue,Mechanicsburg,PA 17055:answering machine. Our office was unable to locate arty heir for Leo D.Jacobs. V.ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 04-05-12 we reviewed the National Address database and found the following information:Leo D.Jacobs-410 West Elmwood Avenue,Apartment 4wood,Mechanicsburg,PA 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address:no addresses on file. VI.OTHER INQUIRIES A. DEATH RECORDS As of 04-05-12 Vital Records and all public databases have a death record on file for Leo D.Jacobs. VII.ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Leo D.Jacobs-1930 B. DATE OF DEATH Leo D.Jacobs-09-17-2010 C. A.K.A. Leo D.Jacobs Jr.;Leo W.Jacobs •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.Sec.4904 relating to unsworn falsification to.tuth 'tusk, eY above information is obtained from available public records (f and we are only liable for the cost of the affidavit. ObitsArchive.com: Document Display Page 1 of 1 ObitsArehive.com Patriot-News,The(Harrisburg,PA)- September 19,2010 Deceased Name: Leo "Jake"Jacobs,Jr. Leo D. "Jake"Jacobs,Jr., age 79 of Mechanicsburg,passed away Friday, September 17, 2010 at Holy Spirit Hospital Born December 8, 1930 in Farmville,VA, he was a son of the late Leo D. and Anna(Tuck)Jacobs. Leo worked as a union truck driver,primarily for Pilot Freight Carriers, and following his retirement, he went on to work for Liberty Excavators. In more recent years,he worked part-time at the Weis Market on Bumble Bee Hollow Road.In his free time,he enjoyed hunting and was an avid trout fisherman. Surviving is his wife,Kathryn W. Jacobs; son Hunter Jacobs and wife Ashlee of Camp Hill; daughters Blair L. Young and Janet C.Duncan,both of Mechanicsburg; six grandchildren; as well as brother Guy Jacobs and sisters Joanne Simpson and Estelle Womack, all of Virginia. Viewing will be held from 5:00 to 7:00 PM Tuesday,September 21 at Malpezzi Funeral Home, Mechanicsburg followed by a Remembrance Service at 7:00 PM. Burial will take place in Trinity Memorial Gardens, Virginia. Memorial contributions may be made to the American Cancer Society, Capital Region Unit, 3211 N. Front Street, Suite 100,Harrisburg, PA 17110. To sign the online guest book,please visit malpezzifuneralhome.com Patriot-News,The (Harrisburg,PA) Date: September 19, 2010 Edition: FINAL Page: A14 Record Number: 1009194982730 Lopyrlgnt, zmu, lne ramoi-1Vews lo. All 1C1g11tS McSerVetl. USCU wtllt IJC1lrllS81011. http://www.obitsarchive.com/oa-search/we/Ar chives?p_action=print&p_docid=132658DAF... 4/9/2012 Exhibit "B" PHELAN HALLINAN&SCHMIEG,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphin,PA 19103 215-320 40007 Fax:215-563-3352 May l7,2012 FILE COPY nV BLAIR L.YOUNG 410 WEST ELMWOOD AVENUE MECHANICSBURG,PA 17055 RE: LEO D.JACOBS and KATHRYN W.JACOBS;410 WEST ELMWOOD AVENUE, MECHANICSBURG,PA 17055-4127; BANK OF AMERICA,N.A.;PHS#294959 Dear Sir/Madam, Kindly be advised that the Law Offices of Phelan Hallinan&Schmieg,represent BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP,the holder of the mortgage against the above- referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed that LEO D.JACOBS,an owner of the mortgaged premises,has unfortunately passed away. We are attempting to identify and contact LEO D.JACOBS'next-of-kin because they may have been automatically vested with an ownership interest in the mortgaged premises upon LEO D.JACOBS' death under 20 Pa.C.S.A. §301(b). If you are an heir of LEO D.JACOBS or have any information regarding the heirs of LEO D. JACOBS,please contact a representative of our firm's Decedent Department at(215)320-0007, within s+ev n 7 days of the date of this correspondence. S' sere y w R Cusick,Esq., Id.No.80193 Attorney for Plaintiff __............... "`This firm is a debt collector. Any information we receive will be used for that purpose If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN&SCHMIEG,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-320-OW Fax: 215-563-3352 May 17,2012 FILE COPY HUNTER JACOBS 2 BRENTWOOD ROAD CAMP HILL,PA 17011 RE: LEO D.JACOBS and KATHRYN W.JACOBS;410 WEST ELMWOOD AVENUE, MECHANICSBURG,PA 17055-4127; BANK OF AMERICA,N.A.;PHS#294959 Dear Sir/Madam, Kindly be advised that the Law Offices of Phelan Hallinan&Schmieg,represent BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP,the holder of the mortgage against the above- referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed that LEO D.JACOBS,an owner of the mortgaged premises,has unfortunately passed away. We are attempting to identify and contact LEO D.JACOBS' next-0f--kin because they may have been automatically vested with an ownership interest in the mortgaged premises upon LEO D.JACOBS' death under 20 Pa.C.S.A. §301(b). If you are an heir of LEO D.JACOBS or have any information regarding the heirs of LEO D. JACOBS,please contact a representative of our firm's Decedent Department at(215)320-0007, within sgvcm s of the date of this correspondence. S' cereIy, Ito .Cusick,Esq.,Id.No.80193 mey for Plaintiff *This firm is a debt collector. Any information we receive will be used for that purpose If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN&SCHMIEG,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-320 4007 Fax:215-563-3352 May 17,2012 FILE COPY ASHLEE JACOBS 2 BRENTWOOD ROAD CAMP HILL,PA 17011 RE: LEO D.JACOBS and KATHRYN W.JACOBS;410 WEST ELMWOOD AVENUE, MECHANICSBURG,PA 17055-4127; BANK OF AMERICA,N.A.;PHS#294959 Dear Sir/Madam, Kindly be advised that the Law Offices of Phelan Hallinan&Schmieg,represent BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP,the holder of the mortgage against the above- referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed that LEO D.JACOBS,an owner of the mortgaged premises,has unfortunately passed away. We are attempting to identify and contact LEO D.JACOBS'next-of-kin because they may have been automatiraily vested with an ownership ingest in the mortgaged premises upon LEO D.JACOBS' death under 20 Pa.C.S.A. §301(b). If you are an heir of LEO D.JACOBS or have any information regarding the heirs of LEO D. JACOBS,please contact a representative of our firm's Decedent Department at(215)320-0007, within s of the date of this correspondence. t ly, .Cusick,Esq.,Id.No.80193 Attorney for Plaintiff i This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN&SCHMIEG,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-320-0007 Ma , 215-563-3352 FILE COPY Y 17 2012 BETH ANN KELLEY 107 OLD YORK ROAD,LOT 311 NEW CUMBERLAND,PA 17070 RE: LEO D.JACOBS and KATHRYN W.JACOBS;410 WEST ELMWOOD AVENUE, MECHANICSBURG,PA 17055-4127; BANK OF AMERICA,N.A.;PHSi#294959 Dear Sir/Madam, Kindly be advised that the Law Offices of Phelan Hallinan&Schmieg,represent BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP,the holder of the mortgage against the above- referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed that LEO D.JACOBS,an owner of the mortgaged promises,has unfortunately passed away. We are attempting to identify and contact LEO D.JACOBS'next-of-kin because they may have been automatically vested with an ownership interest in the mortgaged premises upon LEO D.JACOBS' death under 20 Pa.C.S.A. §301(b). If you are an heir of LEO D. JACOBS or have any information regarding the heirs of LEO D. JACOBS,please contact a representative of our firm's Decedent Department at(215)320-0007, within seven(7)days of the date of this correspondence. S' y, R usi E , d.No.80193 ttorney for Plaintiff *This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN&SCHMIEG,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-320-0007 Fax: 215-563-3352 May 17,2012 FILE Copy' RUTH ANN TIMOTHY 16 NOTTINGHAM ROAD CAMP HILL,PA 17011 RE: LEO D.JACOBS and KATHRYN W.JACOBS;410 WEST ELMWOOD AVENUE, MECHANICSBURG,PA 17055-4127; BANK OF AMERICA,N.A.;PHS#294959 Dear Sir/Madam, Kindly be advised that the Law Offices of Phelan Hallinan&Schmieg,represent BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP,the holder of the mortgage against the above- referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed that LEO D.JACOBS,an owner of the mortgaged premises,has unfortunately passed away. We are attempting to identify and contact LEO D.JACOBS'next-of-kin because they may have been automatically vested with an ownership interest in the mortgaged premises upon LEO D.JACOBS' death under 20 Pa.C.S.A. §301(b). If you are an heir of LEO D.JACOBS or have any information regarding the heirs of LEO D. JACOBS,please contact a representative of our firm's Decedent Department at(215)320-0007, within sevat Qtslan of the date of this correspondence. *7, I x s Fes• Ro iek,Esq., Id.No,80193 e for Plaintiff *This hum is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN&SCHMIEG,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-320-0007 Fax:215-563-3352 May 17,2012 FILE C0,11Y JOSEPH H.JACOBS 2 BRENTWOOD ROAD CAMP HILL,PA 17011 RE: LEO D.JACOBS and KATHRYN W.JACOBS; 410 WEST ELMWOOD AVENUE, MECHANICSBURG,PA 17055-4127; BANK OF AMERICA,N.A.;PHS#294959 Dear Sir/Madam, Kindly be advised that the Law Offices of Phelan Hallinan&Schmieg,represent BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP,the holder of the mortgage against the above- referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed that LEO D.JACOBS,an owner of the mortgaged premises,has unfortunately passed away. We are attempting to identify and contact LEO D.JACOBS' next-of-kin because they may have been automatically vested with an ownership interest in the mortgaged premises upon LEO D.JACOBS'death under 20 Pa.C.S.A. §301(b). If you are an heir of LEO D.JACOBS or have any information regarding the heirs of LEQ D. JACOBS,please contact a representative of our firm's Decedent Department at(215)320-0007, within seven days of the date of this correspondence.. t ly, usick,Esq.,Id.No.80193 Attorney for Plaintiff *This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN&SCHMIEG,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-320.0007 Fax: 215-563-3352 May 17,2012 it . P. # / KATHYN W.JACOBS 410 WEST ELMWOOD AVENUE MECHANICSBURG,PA 17055 RE: LEO D.JACOBS and KATHRYN W.JACOBS;410 WEST ELMWOOD AVENUE, MECHANICSBURG,PA 170554127; BANK OF AMERICA,N.A.;PHS#294959 Dear Sir/Madam, Kindly be advised that the Law Offices of Phelan Hallinan& Schmieg,represent BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP,the holder of the mortgage against the above- referenced mortgaged premises Our office has been retained to bring a foreclosure action. Our office has been informed that LEO D.JACOBS,an owner of the mortgaged premises,has unfortunately passed away. We are attempting to identify and contact LEO D.JACOBS' next-of-kin because they may have been automatically vested with an ownership interest in the mortgaged premises upon LEO D.JACOBS' death under 20 Pa.C.S.A. §301(b). If you are an heir of LEO D.JACOBS or have any information regarding the heirs of LEO D. JACOBS,please contact a representative of our firm's Decedent Department at(215)320-0007, within seven 7 days of the date of this correspondence. cerely, 1 ick,Esq.,Id.No.80193 tt for Plaintiff "This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN&SCHMIEG,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-320 4)007 Fax: 215-563-3352 May 17,2012 [FILE COPY JANET C. DUNCAN i 410 WEST ELMWOOD AVENUE MECHANICSBURG,PA 17055 RE: LEO D.JACOBS and KATHRYN W.JACOBS;410 WEST ELMWOOD AVENUE, MECIFIANICSSBURG,PA 170554127; BANK OF AMERICA,N.A.;PHS#294959 Dear Sir/Madam, Kindly be advised that the Law Offices of Phelan Hallinan& Schmieg,represent BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP,the holder of the mortgage against the above- referenced mortgaged promises. Our office has been retained to bring a foreclosure action. Our office has been informed that LEO D.JACOBS,an owner of the mortgaged premises,has unfortunately passed away. We are attempting to identify and contact LEO D.JACOBS' next-of-kin because they may have been automatically vested with an ownership interest in the mortgaged premises .upon LEO D.JACOBS' death under 20 Pa.C.S.A.§301(b). If you are an heir of LEO D.JACOBS or have any information regarding the heirs of LEO D. JACOBS contact a representative of our firm's Decedent Department at(215)320-0007, within 771 ays o e date of this correspondence. , Robe ustck,Esq.,Id.No.80193 Attorney for Plaintiff * This firm is a debt collector. Any information we receive will be used for that purpose If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN&SCHMIEG,LLP 1617 JFK Boulevard,Smite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-32044 Fax:215-563-3352 May 17, 2012 AMY J.BOGER 6 NORTH LANCASTER STREET JONESTOWN,PA 17038 RE: LEO D.JACOBS and KATHRYN W.JACOBS;410 WEST ELMWOOD AVENUE, MECHANICSBURG,PA 17055-4127; BANK OF AMERICA,N.A.; PHS#294959 Dear Sir/Madam, Kindly be advised that the Law Offices of Phelan Hallinan&Schmieg,represent BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP,the holder of the mortgage against the above- referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed that LEO D.JACOBS,an owner of the mortgaged premises,has unfortunately passed away. We are attempting to identify and contact LEO D.JACOBS'next-of-kin because they may have been automatically vested with an ownership interest in the mortgaged premises upon LEO D.JACOBS' death under 20 Pa.C.S.A. §301(b). If you are an heir of LEO D.JACOBS or have any information regarding the heirs of LEO D. JACOBS,please contact a representative of our firm's Decedent Department at(215)320-0007, within sev s of the date of this correspondence. TkWi4Roberk,Esq.,Id.No.80193 Attorney for Plaintiff *This fu-m is a debt collector. Any information we receive will be used for that purpose If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN&SCHMIEG,LLP 1617 JFK Boulevard,Suite 1400 One Pena Center Plaza Philadelphia,PA 19103 215-320-0007 Fax: 215-563-3352 May 17,2012 FILE COPY AMANDA LYNN DUNCAN 7941 UMBERGER ROAD HARRISBURG,PA 17112 RE: LEO D.JACOBS and KATHRYN W.JACOBS;410 WEST ELMWOOD AVENUE, MECHANICSBURG,PA 17055-4127; BANK OF AMERICA,N.A.;PHSN 294959 Dear Sir/Madam, Kindly be advised that the Law Offices of Phelan Hallinan&Schmieg,represent BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP,the holder of the mortgage against the above- referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed that LEO D.JACOBS,an owner of the mortgaged premises,has unfortunately passed away. We are attempting to identify and contact LEO D.JACOBS' next-of-kin because they may have been automatically vested with an ownership interest in the mortgaged premises upon LEO D.JACOBS' death under 20 Pa.C.S.A. §301(b). If you are an heir of LEO D.JACOBS or have any information regarding the heirs of LEO D. JACOBS,please contact a representative of our fern's Decedent Department at(215)320-0007, within stypolt s of the date of this correspondence. in ly abert W sick,Esq.,Id.No.80193 Atto. ey for Plaintiff is firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN&SCHMEG,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-320 4)007 Fax:215-563-3352 May 17, 2012 FL ' DANA MARIE BENTSEL 118 SHERBY LANE SHERMANS DALE,PA 17090 RE: LEO D.JACOBS and KATHRYN W.JACOBS;410 WEST ELMWOOD AVENUE, MECHANICSBURG,PA 17055-4127; BANK OF AMERICA,N.A.;PHS#294959 Dear Sir/Madam, Kindly be advised that the Law Offices of Phelan Hallinan&Schmieg,represent BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP,the holder of the mortgage against the above- referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed that LEO D.JACOBS,an owner of the mortgaged premises,has unfortunately passed away. We are attempting to identify and contact LEO D.JACOBS' next-of-kin because they may have been automatically vested with an ownership interest in the mortgaged premises upon LEO D.JACOBS' death under 20 Pa.C.S.A. §301(b). I e an heir of LEO D.JACOBS or have any information regarding the heirs of LEO D. JACO ,please ntact a representative of our firm's Decedent Department at(215)320-0007, within ev days of a date o is correspondence. te l , is Esq.,Id.No.80193 or Plaintiff '-This futn is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN&SCH111 IIEG,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelpitia,PA 19103 215-320 40007 Fax:215-363-3352 May 17,2012 FILE COPY BETSEY M.BELL 537 NORTH 2nd STREET STEELTON,PA 17113 RE: LEO D.JACOBS and KATHRYN W.JACOBS;410 WEST ELMWOOD AVENUE, M ECHANICSBURG,PA 17055.4127; BANK OF AMERICA,N.A.;PHS#294959 Dear Sir/Madam, Kindly be advised that the Law Offices of Phelan Hallinan&Schmieg,represent BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP,the holder of the mortgage against the above- referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed that LEO D.JACOBS,an owner of the mortgaged premises,has unfortunately passed away. We are attempting to identify and contact LEO D.JACOBS'next-of-kin because they may have been automatically vested with an ownership interest in the mortgaged premises upon LEO D.JACOBS' death under 20 Pa.C.S.A. §301(b). If you are an heir of LEO D.JACOBS or have any information regarding the heirs of LEO D. JACOBS,please contact a representative of our firm's Decedent Department at(215)320-0007, within of the date of this correspondence. Si ely, ".. W. ick,Esq.,Id.No.80193 A or Plaintiff *This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN&SCHlWHG,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-3204007 Fax:215-563-3352 April 6, 2012 RE COPY Occupants&Possible Heirs Of LEO D.JACOBS,Deceased 410 WEST ELMWOOD AVENUE MECHANICSBURG,PA 17055-4127 RE: LEO D.JACOBS and KATHRYN W.JACOBS; 410 WEST ELMWOOD AVENUE, MECHANICSBURG,PA 170554127; BANK OF AMERICA,N.A.;PHS#294959 Dear Sir/Madam, Kindly be advised that the Law Offices of Phelan Hallinan&Schmieg,represent BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP,the holder of the mortgage against the above- referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed that LEO D.JACOBS,an owner of the mortgaged premises,has unfortunately passed away. We are attempting to identify and contact LEO D.JACOBS'next-of-kin because they may have been automatically vested with an ownership interest in the mortgaged premises upon LEO D.JACOBS' death under 20 Pa.C.S.A. §301(b). If you are an heir of LEO D. JACOBS or have any information regarding the heirs of LEO D. JACOBS,pl• contact a representative of our firm's Decedent Department at(215)320-0007, within sev n 7 Sys of date of this correspondence. Sin Robe W. u k,Esq., Id.No.80193 Attorn . f' laintiff *This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN&SCHMIEG,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-320-0007 Fax:215-563-3352 April 6,2012 FLE CO KATHRYN W.JACOBS 410 WEST ELMWOOD AVENUE MECHANICSBURG, PA 17055-4127 RE: LEO D.JACOBS and KATHRYN W.JACOBS; 410 WEST ELMWOOD AVENUE, MECHAMCSBURG,PA 170554127; BANK OF AMERICA,N.A.;PHS#294959 Dear Sir/Madam, Kindly be advised that the Law Offices of Phelan Hallinan& Schmieg,represent BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUN IRYWIDE HOME LOANS SERVICING,LP,the holder of the mortgage against the above- referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed that LEO D.JACOBS,an owner of the mortgaged premises,has unfortunately passed away. We are attempting to identify and contact LEO D.JACOBS'next-of-kin because they may have been automatically vested with an ownership interest in the mortgaged premises upon LEO D.JACOBS' death under 20 Pa.C.S.A. §301(b). If you a n heir of LEO D.JACOBS or have any information regarding the heirs of LEO D. JACOBS, c et a representative of our firm's Decedent Department at(215)320-0007, within se I days of the to of this correspondence. in ly, Ro sick,Esq.,Id.No.80193 Attorney for Plaintiff * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. Exhibit "C" PHELAN HALLINAN&SCHNIIEG,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)320-0007 Fax:215-563-3352 July 23,2012 FILE COPY JANET DUNCAN,Heir of LEO D. JACOBS, Deceased 320 APPOMATTOX ST,APT 15 HOPEWELL,VA 23860-2836 BLAIR YOUNG, Heir of LEO D.JACOBS, Deceased 410 WEST ELMWOOD AVENUE MECHANICSBURG,PA 17055-4127 RE: LEO D.JACOBS and KATHRYN W.JACOBS; 410 WEST ELMWOOD AVENUE, MECHANICSBURG,PA 17055-4127; BANK OF AMERICA,N.A.;PHS#294959 Dear Sir/Madam(s): Kindly be advised that the Law Offices of Phelan Hallinan&Schmieg, LLP represent BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP,the holder of the mortgage against the above-referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed of LEO D. JACOBS's unfortunate death. We are sorry for your loss. As a possible heir of LEO D. JACOBS,you may have a vested ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). As such,Pennsylvania law requires that you be included as a defendant solely in your capacity as heir in order to complete the foreclosure. Please be advised that you are not personally liable for the debt,as you did not execute the mortgage or note. This letter serves to afford you an opportunity to waive your right to be named as a defendant in the foreclosure action. Please find attached a Waiver which I would appreciate your executing and returning to the undersigned within fourteen(14)days of the date of this correspondence. * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. If the Waiver is timely returned it will not be necessary to name you as a defendant in the foreclosure action. However, if the Waiver is not timely returned and it is believed that you are an heir of the decedent, then our office may have no choice but to name you as a defendant in the action in order to divest any ownership interest you may have in the property. Our Office also requests that you please provide us with any additional heir information for LEO D. JACOBS, Deceased. Thank you for your cooperation in this regard. Please note that this waiver does not preclude you from attempting to sell the subject premises and recovering any possible equity in the mortgaged premises prior to the completion of the foreclosure action. We would encourage you to contact your own attorney in regard to this matter. If you would like to request a payoff or reinstatement figure,please call(215)563- 7000,and ask for the Foreclosure Resolution Department. If you have any other questions regarding this letter,please contact a representative of our firm's Decedent Department at (215) 320-0007. Sincere Melissa J. Cantwell, d.No.308912 Attorney for Plaintiff * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION 1, JANET DUNCAN, Heir of LEO D. JACOBS,Deceased hereby acknowledge that I may have an ownership interest in the property located at 410 WEST ELMWOOD AVENUE, MECHANICSBURG, PA 17055-4127,in accordance with Section 301(b)of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOW LOANS SERVICING,LP, involving said property,which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action,without any further notice of said action, including but not limited to the Sheriffs sale,and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff s sale of the mortgage premises. Date: JANET DUNCAN, Heir of LEO D. JACOBS,Deceased I WAIVER.BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, BLAIR YOUNG, Heir of LEO D. JACOBS, Deceased,hereby acknowledge that l may have an ownership interest in the property located at 410 WEST ELMWOOD AVENUE, MECHANICSBURG,PA 17055 4127, in accordance with Section 301(b)of the Pennsylvania Probate,Estates and Fiduciaries Code[20 Pa C.S.A. Section 301(b)]. 1 do hemby waive my right to be named as a defendant in a foreclovire action as provided by Pa.R.C.P. 1141 et seq., which may be,instituted by BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action,without any further notice of said action, including but not limited to the Sheriff's sale,and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: w BLAIR YOUNG,Heir of LEO D. JACOBS,Deceased PHELAN HALLINAN&SCH IIEG,LLP 1617 JFK Boulevard,Suite 1400 —One-Penu-Eenter-Plaza- Philadelphia,PA 19103 (215)320-0007 Fax:215-563-3352 September 27,2012 FILE `gyp KATHRYN W. JACOBS,Heir of LEO D.JACOBS,Deceased 410 WEST ELMWOOD AVENUE MECHANICSBURG,PA 17055-4127 RE: KATHRYN W.JACOBS and LEO D.JACOBS; 410 WEST ELMWOOD AVENUE, MECHANICSBURG,PA 17055-4127; BANK OF AMERICA,N.A.;PHS#294959 Dear Sir/Madam(s): Kindly be advised that the Law Offices of Phelan Hallinan& Schmieg,LLP represent BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP,the holder of the mortgage against the above-referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed of LEO D. JACOBS's unfortunate death. We are sorry for your loss. As a possible heir of LEO D.JACOBS, you may have a vested ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). As such,Pennsylvania law requires that you be included as a defendant solely in your capacity as heir in order to complete the foreclosure. Please be advised that you are not personally liable for the debt,as you did not execute the mortgage or note. This letter serves to afford you an opportunity to waive your right to be named as a defendant in the foreclosure action. Please find attached a Waiver which I would appreciate your executing and returning to the undersigned within fourteen(14) days of the date of this correspondence. If the Waiver is timely returned it will not be necessary to name you as a defendant in the foreclosure action. However,if the Waiver is not timely returned and it is believed that you are an heir of the decedent,then our office may have no choice but to name you as a defendant in the action in order to divest any ownership interest you may have in the property. Our Office also requests that you please provide us with any additional heir information for LEO D. JACOBS, Deceased. Thank you for your cooperation in this regard. *This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. Please note that this waiver does not preclude you from attempting to sell the subject premises and recovering any possible equity in the mortgaged premises prior to the completion of the foreclosure action. We would encourage you to contact your own attorney in regard to this matter. If you would like to request a payoff or reinstatement figure,please call(215) 563- 7000,and ask for the Foreclosure Resolution Department. If you have any other questions regarding this letter, please contact a representative of our firm's Decedent Department at (215)320-0007. rt ;ll ly wtaod,Esq., Id.No.310592 ttorney Ivr Plaintiff * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, KATHRYN W. JACOBS,Heir of LEO D. JACOBS,Deceased,hereby acknowledge that I may have an ownership interest in the property located at 410 WEST ELMWOOD AVENUE,MECHANICSBURG,PA 17055-4127,in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq.,which may be instituted by BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, involving said property,which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not Iimited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: KATHRYN W. JACOBS,Heir of LEO D. JACOBS,Deceased Exhibit "D" WA.MMNYE=0FRIGIrrT0ZZNANZD AS A 20ANT IN FORNCLOSM ACTION I,KATHRYN W.JAC:OBS,Heir of LEO D.JACOBS,Did,hereby ulmowledge that I nu►bm an owneratdp iedes+est in the property located at 410 WEST ELMW OOD► AVENUE,MEICI ANICSBURO,PA 17053-4127,in accordance with Section 301(b)of the Pe oxylyaids Probate,E"es and Fkhwisries Code 120 Pa C.S.A.Section 301(b)l. I do h Keby waive my right to be named sa a dot in a far+ecloaoee act a pmvkled by Pa.R.C,P. 1141 at aeq.,which may be instituted by BANK OF AMERICA,N.A.,SUCCE WR BY M9RGRk TO BAC DOME LOANS SEP.VI`C3NG,LP FKA COUNTRYWIDE Hi)ME LOANS SBRVICM,LP,involving said pm'pert3',which p'operty was owned by the decedent at the tincc of his death. I huvby Goosed to the foreclosm action,wiidum any fiuther notice of said action, including but not limited to the Sheriff's sale,and undwstand dud any inimst I may have in the pnmises will be divested upon completion of the foreclosure action. I do recant any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff**undulymg debt or to maim any claim for excess p moeeds gm mvted by the Sheriffs sale ofihe mortgage P maises. Date: KATHRW W.JACOBS,Heir of LEO D. JAC BS,Deceased C/ d' FILE* COPY WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, BLAIR YOUNG, Heir of LEO D.JACOBS,Deceased,hereby acknowledge that I may have an ownership interest in the property located at 410 WEST ELMWOOD AVENUE, MECHANICSBURG,PA 17055-4127,in accordance with Section 301(b)of the Pennsylvania Probate,Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, involving said property,which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action,without any further notice of said action,. including but not limited to the Sheriff's sale,and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. f � Date: '' CAL BLAIR YOUNG, eir of LEO D. JACOBS,Deceased Exhibit "E" ..r Coo , C Pleas For Prothanelary Use Only. et CL1 a County Docket No: The information collected on this form is used solely for court administration purposes. This form does not sipplement or replace the fifing and service a lead n s or other papers as required by law or rules of court. Commencement of Action: 9 Complaint ❑ Writ of Summons ❑Petition ❑Transfer from Another Jurisdiction ❑Declaration of Taking Lead Plaintiffs Name: BANK OF AMERICA,N.A., Lead Defendant's Name: JANET DUNCAN SUCCESSOR BY MERGER TO BAC HOME LOANS " 4 SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Are money damages requested. ❑Yes No Dollar Amount Requested: ❑within arbitration limits Check one ®outside arbitration limits Is this a Class Action Suit? El Yes ®No Is this an MDJ Appeal? ❑Yes ®No Name of Plaintiff/Appellant's Attorney: All on F Wells Eso Id.No 309519 Phelan HallinjuL LL P ❑Check here if you have no attorney(are a Self-Represented [Pro Se) Litigant) Natuse of t„�te Place an"X"to the left of the ONE case category that most accurately describes your + Case: PRIMARYCASE.If you are making more than one type of claim,check the one that you consider most" tr TORT(do not include Mass Tort) CONTRACT(do not include Jua'$raerus) CIVIL APPEALS ❑Intentional ❑Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution ❑Debt Collection:Credit Card ❑Board of Assessment ❑Motor Vehicle ❑Debt Collection:Other ❑Board of Elections ❑Nuisance ❑Dept.of Transportation ❑Premises Liability ❑ Statutory Appeal:Other ❑Product Liability(does not include mass tort) ❑Employment Dispute: ❑Slander/Libel/Defamation Discrimination E_ ❑ Other: ❑Employment Dispute:Other ❑Zoning Board C ❑Other: T I MASS TORT— 11 Other: ❑Asbestos N ❑Tobacco ❑Toxic Tort-DES ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑Ejectment ❑Common Law/Statutory Arbitration B ❑Other: ❑Eminent Domain/Condemnation Cl Declaratory Judgment ❑Ground Rent ❑ Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations ®Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑Mortgage Foreclosure:Commercial ❑Quo Warranto •Dental ❑Partition ❑Replevin •Legal ❑Quiet Title ❑Other: •MedicaI ❑Other: ❑Other Professional: - --"-"----"-.-.--_.......... FORM 1 IN THE COURT OF COMMON PLEAS BANK OF AMERICA,N.A.,SUCCESSOR BY OF CUMBERLAND COUNTY,PENNSYLVANIA MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP Plaintiff(s) VS. JANET DUNCAN,in her capacity as Heir of LEO D.JACOBS,Deceased UNKNOWN HEIRS,SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D.JACOBS, DECEASED Defendant(s) Civil 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 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 most take the following steps to be eligible for a conciliation conference.It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative.However,-you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf.If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed within sixty(60)days of the service upon you of the foreclosure complaint.If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Allis �. Weis,Esq.,Id. 1Aa Akk " blo. Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes 0 No Listing date: _Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes 0 No El Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Offce: 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: 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#1:Model: Year: Amount owed: Value: Autouu4 is#2:Model: Year: Amount owed: Value: Other transv2g!Won(automobiles boats motorc eyes): Model: Year: Amount owed: Value 1Miontw h3co e Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Mor thlyNet 3. Monthly Gross Monthly Net Additional Income Description(not wages): I. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly]Egmyses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT M e Food 2rd Mortjpge Utilities Car Pa s Condo/Neigh.Fees Auto Insurance Med. not covered Auto fq 'rs Other prop.payment Install.Loan Payment Cable TV Child Su rt/Alim. Spending,Money Da /Child Care/Tuit. I I Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes❑ No❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: 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) PHELAN HALLINAN,LLP Allison F.Wells,Esq.,Id.No.309519 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP COURT OF COMMON PLEAS FKA COUNTRYWIDE HOME LOANS SERVICING, LP CIVIL DIVISION 7105 CORPORATE DRIVE PLANO,TX 75024 TERM Plaintiff NO. V. CUMBERLAND COUNTY JANET DUNCAN,in her capacity as Heir of LEO D. JACOBS,Deceased 320 APPOMATTOX ST,APT 15 HOPEWELL,VA 23860-2836 UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D.JACOBS,DECEASED 410 WEST ELMWOOD AVENUE MECHANICSBURG,PA 17055-4127 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE Five#: 294959 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 fin-they 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 (840)990-9108 Idle 4� 2=141+59 1. Plaintiff is BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP 7105 CORPORATE DRIVE PLANO,TX 75024 2. The name(s)and last known addresses)of the Defendant(s)are: JANET DUNCAN,in her capacity as Heir of LEO D.JACOBS,Deceased 320 APPOMATTOX ST,APT 15 HOPEWELL,VA 23860-2836 UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D.JACOBS,DECEASED 410 WEST ELMWOOD AVENUE MECHANICSBURG,PA 17055-4127 who is/are the real owner(s)of the property hereinafter described. 3. On 03/24/2008 KATHRYN W.JACOBS and LEO D. JACOBS made,executed and delivered a mortgage upon the premises hereinafter described to RESIDENTIAL FINANCE CORP. AN OHIO CORPORATION which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County,in Mortgage Instrument No. 200810543. By Assignment of Mortgage recorded 10/28/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201129927.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(8); 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 06/01/2011 and each month thereafter are due and unpaid,and by the terms File#: 294959 of said mortgage,upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor,the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 01/10/2013: Principal Balance $142,196.96 Interest $16,174.83 05/01/2011 through 01/31/2013 Late Charges $42.97 Property Inspections $75.00 Property Preservation $455.00 Escrow Deficit $4,410.27 TOTAL $163,355.03 7. Plaintiff is not seeking a judgment of personal liability(or an in nersonam judgment) against the Defendant(s)in the Action;however,Plaintiff reserves its right to bring a separate Action to establish that right,if such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding,this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy,but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974,Notice of.Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983,as amended in 2008, and/or Notice of Default as required by the mortgage document,as applicable,have been sent to the Defendant(s)on the date(s)set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s)has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. Pile#: 294959 10. Plaintiff:hereby releases KATHRYN W.JACOBS from liability for the debt secured by the mortgage. 11. Mortgagor LEO D.JACOBS died on September 17,2010 and upon information and belief,his surviving heirs are KATHRYN W.JACOBS,JANET DUNCAN and BLAIR YOUNG. 12. Plaintiffs representative contacted the Register of Wills of CUMBERLAND COUNTY and was informed that no estate has been raised on behalf of the decedent mortgagor. 13. By executed waiver(s), KATHRYN W.JACOBS and BLAIR YOUNG waived their right to be named as a defendant in the foreclosure action. Said waiver(s)is/are attached as Exhibit"A". 14. Plaintiff hereby releases LEO D.JACOBS,from liability for the debt secured by the mortgage. 15. Plaintiff does not hold the named Defendant(s), JANET DUNCAN,personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant(s)in the aforesaid real estate only,and the Defendant(s)has/have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2)and 20 Pa.C.S.A. § 301(b). rile#: 294959 WHEREFORE,Plaintiff demands an in elm judgment against the Defendant(s)in the sum of $163,355.03,together with interest,costs,fees,and charges collectible under the mortgage including but not limited to attorney fees and costs,and for the foreclosure and sale of the mortgaged property. PHELAN INAN,LLP By: Allison .W q.,Id.No.309519 Attorn for Pf ntiff I.4 File#: 294959 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate on the north side of West Elmwood avenue,in the borough of Mechanicsburg,county of Cumberland and state of Pennsylvania, bounded and described as follows,to wit: BEGINNING at a point on the building line of West Elmwood avenue,at comer of lands now or formerly of Keefauver thence by land of Keefauver,north 24 degrees west,ninety-eight(98)feet to a point;thence by lands now or formerly of Howard J.Quigley north 66 degrees east,seventy- five and sixty-six hundredths(75.66)feet to a point;thence by land now or formerly of Arlene L. Alexander(referred)to as lot no. 30 in the plan of lots hereinafter mentioned),south 24 degrees east,ninety-eight(98)feet to a point on the northern line of West Elmwood avenue;thence by the norther line of West Elmwood avenue, south 66 degrees west,seventy-five and sixty-six hundredths (75.66)feet to a point,the place of beginning. TAX ID#: 20-24-0785-440A BEING all and the same lands and premises conveyed to Leo D. Jacobs and Kathryn W.Jacobs, his wife by Irene N. Kockler Gott, formerly known as Irene N. Kockler,and Gilbert V. Gott in a indenture deed executed 7/2/1985 and recorded 7/3/2005 in book 131,page 852 of the Cumberland county,Pennsylvania land records. PROPERTY ADDRESS: 410 WEST ELMWOOD AVENUE,MECHANICSBURG,PA 17055-4127 PARCEL#20-24-078544A File#: 2+94M Exhibit "A" WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I,BLAIR YOUNG,Heir of LEO D.JACOBS,Deceased,hereby acknowledge that I may have an ownership interest in the property located at 410 WEST ELMWOOD AVENUE, MECHANICSBURG,PA 17055-4127,in accordance with Section 301(b)of the Pennsylvania Probate,Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., E which may be instituted by BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO RAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP, involving said property,which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action,without any further notice of said action, including but not limited to the Sheriffs sale,and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff s sale of the mortgage premises. Date: U16n 1 12-' t BLAIR YOUNG, er of LEO D. JACOBS,Deceased VERIFICATION Q1 MA..-1 N.{6—,hereby states thatQshe is P(SAdf x 1fecl(i {- of BANK OF AMERICA,N.A.,Plaintiff in this matter,thashe 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 ;Lr information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec.4904 relating to unworn falsification to authorities. DATE: �. �:: � Title:&1,4-a,,4- V, , /"sex,Jc,n f BANK OF AMERICA,N.A. i Fite#:294959 Name:DUNCAN File#: 294959 Request for Service R.Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle,PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 BANK OF AMERICA,N.A.,SUCCESSOR Court Number: BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE Expiration Date: HOME LOANS SERVICING,LP Type of Action: Mo a Foreclosure Com legit Defendant/s:JANET DUNCAN,UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS, FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS DECEASED Serve Upon:JANET DUNCAN Addrew for Service: 410 WEST ELMWOOD AVENUE HANICSBURG PA 17055-4127 Alternate.Address for Service: 320 APPOMATTOX ST,APT 15 HOPEWELL VA 23860-2836 Type of Service: ❑ Personal p Adult in Charge p Deputize p Certified Mail ❑Posting(copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another county please specify which county Filing Attorney's Information: Name: Phelan Hallman,LLP /attorneyName/ � r�� �r�'tt'-` Address: 1617 JFK Boulev& Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Telephone: 215-563-7000 x 1482 Exhibit "F" Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 Attorney for Plaintiff BANK OF AMERICA, N.A., SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP NO. 13-226-CIVIL VS. CUMBERLAND COUNTY JANET DUNCAN, in her capacity as Heir of LEO D. JACOBS, Deceased ET AL. CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiffs Motion for Special Service was served by regular mail on Defendant(s) on the date listed below: JANET DUNCAN 320 APPOMATTOX ST, APT 15 HOPEWELL,VA 23860-2836 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS, DECEASED 410 WEST ELMWOOD AVENUE MECHANICSBURG, PA 17055-4127 PHELAN H LINAN, LLP Dated: By: JA Michael Kolesnik, Esq., Id. No.308877 /Attorney for Plaintiff 294959 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA BANK OF AMERICA,N.A., SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP NO. 13-226-CIVIL vs. CUMBERLAND COUNTY JANET DUNCAN, in her capacity as Heir of LEO D. JACOBS, Deceased ET AL. ORDER AND NOW, this day of 2013, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C), on the Defendant, UNKNOWN 'HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS, DECEASED, by publication of the Complaint in accordance with Pa.R.C.P. 430(b)(1); by First Class mail at the mortgaged premises located at 410 WEST ELMWOOD AVENUE, MECHANICSBURG, PA 17055-4127. Service by mail is complete upon the date of mailing; PHS#294959/SNM c, b ostin the at 410 WEST ELMWOOD AVENUE, id y p g IECHANICSBURG, Pfd. i >heriff or by a non-party competent adult. It is further ORDER[.L that counsel for Plaintiff is hereby directed to file a ertificate of service with the Prot :I ice to assure compliance with this court order. BY THE COUR-1 s cam. t 4 i PHS#294959/SNM elll PLAINTIFF AFFIDAViT OF SERVICE BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC CUMBERLAND COUNTY HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME PHS#594959 LOANS SERVICING,LP DEFENDANT JANET DUNCAN _=YICE TEAM/eb C UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL COURT NO.:I3-226-CIVIL ,co rn- PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT, ;0 O p TITLE OR INTEREST FROM OR UNDER LEO D.JACOBS, DECEASED Ln tit C)1 Z C3 SERVE JANET DUNCAN AT: TYPE OF ACTION 7�'c'� 320 APPOMATTOX ST �O C r.% XXMortgage Foreclosure ....= � --q APT I3 XX Civil Action `Z 3!'' HOPEWELL,VA 23860.2836 G U0 SE V 'D Served and ma M Defendan� they-day of� 20L at o'cloc rr ' described below: endant personally served. PEWl~u VA a � _Adult family member with whom Defendants)reside(s). Relationship is Adult in charge of Defendant`s residence who refused to give name or relationship. —ManW/Clerk of place of lodging in which Defendant(s)reside(s). ,-._Agent or person in charge of DefendmWs office or usual place of business. an officer of said Defendant's company. _Other. Description: Age 1 Height-5A4 Weight 1q0 00a aRjLj*f¢*W OkA a competent adult,being duly sworn according too law,depose d1at [5inaonally handed a true and correct copy of EQMdmn Q in the manner as set ire issued in the captioned case on the date and at the indicated abov� �a�tti�K D Sworn to and subscribed S q- �ZP�y16, ! before me this $,At_day of--� 200 d 8. Notary; V 196 tj r a By. Coerr"A 9Lb NOT SERVED '�,, .; t11A,,.•: On the day of ,20_,,,,at o'clock .M.,I, �� t adult hereby state that Defen nt OT FOCiF[I56ecause: — _ Vacant _ Does Not Exist _Moved ,,,_,Does Not Reside(Not Vacant) No Answer on at at Service Refused Other: Sworn to and subscribed before me this day Of By: Notary; ` ATTOBBZX FOR Chrisovalan PLAINT a F' u P.Fliako s,Esq.,Id.No.94620 ___._.,._..�.,,. Lawrence T.Phelan,Esq.,ld.No.32227 Courtenay R.Dunn,Esq.,Id.No.206779 Francis S.Hallinan,Esq.,Id.No.62695 Allison F.Zuckerman,Esq.,Id.No.309519 Daniel G.Schmieg,Esq.,Id.No.62203 Melissa J.Cantwell,Esq.,Id.No.308912 Michele M.Bradford,Esq.,Id,No.69849 Mario J.Hanyon„Esq.,Id.No.203993 Judith T.Romano,Esq.,Id.No.58745 Andrew J.Marley,Esq.,It No.312314 Lauren R Davey,Esq.,Id.No.87077 John M.Kolesnik,.'Es ,Id.No.308877 Lauree n R Tabas,Esq.,Id.No.93337 Matthew G.Brushwood,Esq.,Id.No.310592 Jay B.Jones,Esq.,Id.No.86657 Zachary J.Jones,Esq.,Id.N6.310721 Andrew L.Spivactc,Esq.,Id.No.84439 Justin F.KobesK Esq.,Id.No.200392 One Penn Center at Suburban Station 1617 John F.Kennedy Blvd., Suite 1400 -FiLED-OFFICE OF THE PROTHONOTARY PHELAN HALLINAN,LLP 2013 APR 22 A John Michael Kolesnik,Esq.,Id.No.308877 16 1617 JFK Boulevard,Suite 1.400 dUMERLAND C* I ' One Penn Center Plaza OUNTY Philadelphia,PA 19103 PENNS,MAMA 215-563-7000 COURT OF COMMON PLEAS BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS CIVIL DIVISION SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP CUMBERLAND COUNTY Plaintiff VS. JANET DUNCAN, in her capacity as Heir of No. 13-226-CIVIL LEO D.JACOBS,Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS,DECEASED Defendants PRAECEPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHE LLINAN,LLP By: Z' r )An Michael Kolesnik,Esq.,Id. No.308877 AAttorney for Plaintiff Date: t211-371-11-1 /vla, Svc Dept. File#294959 Phelan Hallinan,LLP ATTORNEYS.F,0 PLAINTIFF Jonathan Lobb,Esq.,Id.No.312174 -OFFICE 1617 JFK Boulevard, Suite 1400 OF THE PROTHONOTARY One Penn Center Plaza Philadelphia,PA 19103 2013 APR 26 AM 10: 12 215-563-7000 CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION VS. JANET DUNCAN, in her capacity as Heir of LEO D. CUMBERLAND COUNTY JACOBS,Deceased No. 13-226-CIVIL UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D.JACOBS,DECEASED Defendant(s) AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail,to the following persons,UNKNOWN HEIRS,SUCCESSORS, ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D.JACOBS,DECEASED at 410 WEST ELMWOOD AVENUE, MECHANICSBURG,PA 17055-4127 on April 23,2013, in accordance with the Order of Court dated April 1, 2013 . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Phelan Hallinan,LLP DATE: April 23,2013 Jana an Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP PHS:294959/VLA AFFIDAVIT OF SERVICE-a UMBELAND VLA PLEASE POST BY:052013 COUNTY:CUMBERLAND PLAINTIFF BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP COURT NO. _13--226-CIVIL FKA COUNTRYWIDE HOME LOANS SERVICING, LP DEFENDANT TYPE OF ACTION UNKNOWN HEIRS,SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS,OR ASSOCIATIONS XX_Mortgage Foreclosure CLAIMING RIGHT,TITLE OR INTEREST FROM Eviction OR UNDER LEO D.JACOBS,DECEASED XX Civil Action Complaint on Promissory Note SERVE AT: 410 WEST ELMWOOD AVENUE, MECHANICSBURG,PA 17055-4127 ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER******- Served Posted and made known UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D.JACOBS,DECEASED,Defendant on the-1,6 -day of ' j7, 20 V1 g— TU at:�2" %!5 - o'clock M.,at 410 WEST ELMWOOD AVENUE,MECHANICSBURG,PA 170554127,in the manner described below: - Defendant person k y served. Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an office of said defendant company. Other:_P?XW 'Tttc- � TY Description: Age— Height— Weight— Race— Sex— Other_ a competent adult,being duly sworn according to law,depose and state,that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above.I understand that this statement is made subject to the penalties of 18 Pa,C.S.Sec.4904 relating to unswom falsification to authorities. DATE: %41 11AX% NAME: O PRINTED NAME: TITLE: NOT SERVED On the—day of 20_,at o'clock M.,Defendant NOT FOUND because: Vacant Does Not Exist Moved Does Not Reside(Not Vacant) No Answer on at at rrl Co 55. Service Refused _< Cl)r— N.) Other, _< co <C:7 A C") PHS 294959 =6 I--- ;Z. HLED-OFFICE OF T.HE PROTHONOTARY PHELAN HALLINAN,LLP 2D 13 JUN 2 5 AM 9: 5 8 Adam H.Davis,Esq.,Id.No.203034 1617 JFK Boulevard,Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR COURT OF COMMON PLEAS BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE CIVIL DIVISION HOME LOANS SERVICING,LP Plaintiff CUMBERLAND COUNTY vs. JANET DUNCAN, in her capacity as Heir of No. 13-226-CIVIL LEO D.JACOBS,Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS,DECEASED Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN,LLP By: , Adam H. Davis, Esq.,Id.No.203034 Attorney for Plaintiff. Date: /alg, Svc Dept. File#294959 4 1,7s d Q PHELAN HALLINAN,LLP Adam H.Davis,Esq.,Id.No.203034 PR Q T HON O T4'... 1617 JFK Boulevard,Suite 1400 � � � One Penn Center Plaza — AH 10: 0 7 Philadelphia,PA 19103 ��� � Adam.Davis @PhelanHallinan.com CUMBERLAND COUNT,Y, 215-563-7000 YLV �L{�� BANK OF AMERICA, N.A., SUCCESSOR COURT OF COMMON PLEAS BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE CIVIL DIVISION HOME LOANS SERVICING, LP Plaintiff CUMBERLAND COUNTY VS. JANET DUNCAN, IN HER CAPACITY AS No. 13-226-CIVIL HEIR OF LEO D. JACOBS, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR : ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS, DECEASED Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN, LLP By Az�-Iex- e Adam H. Davis, Esq., Id. No.203034 /2 Attorney for Plaintiff Date: /mig, Svc Dept. File#788735 CL'# OF THE PROTHoNOTAR'�' Phelan Hallinan,LLP 2013 SEP —3 M A Q Jonathan Lobb,Esq.,Id. No.312174TMRNEYS FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNS YLVAP41A Philadelphia,PA 19103 215-563-7000 BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff COURT OF COMMON PLEAS VS. CIVIL DIVISION JANET DUNCAN,IN HER CAPACITY AS HEIR OF LEO CUMBERLAND COUNTY D.JACOBS,DECEASED UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL No. 13-226-CIVIL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS,DECEASED Defendant(s) AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made known to the defendant, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS,DECEASED, in accordance with the Court Order dated April 1, 2013as indicated below: PH#788735 BSD r By publication as provided by Pa. R.C.P. Rule 430(b)(1)in The Cumberland Law Journal on August 16, 2013 and The Sentinel on August 9, 3013.Proofs of the said publications are attached hereto. The-undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Phelan Hallinan,LLP DATE: O P an Hallinan,LLP Jonathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff PH#788735 BSD 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 August 16, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. is Marie Coyne, E 1i tor SWORN TO AND SUBSCRIBED before me this 16 day of August, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 1 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN sold by the Sheriff of CUMBERLAND MORTGAGE FORECLOSURE County. You are hereby notified to plead In the Court of Common Pleas of to the above referenced Complaint Cumberland County,Pennsylvania on or before 20 days from the date of Civil Action—Law this publication or a Judgment will be entered against you. No. 13-226-CIVIL NOTICE BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC If you wish to defend, you must HOME LOANS SERVICING,LP fka enter a written appearance person- COUNTRYWIDE HOME LOANS ally or by attorney and file your de- SERVICING, LP fenses or objections in writing with Plaintiff the court.You are warned that if you vs. fail to do so the case may proceed JANET DUNCAN,IN HER without you and a judgment may be CAPACITY AS HEIR OF LEO D. entered against you without further JACOBS,DECEASED notice for the relief requested by the UNKNOWN HEIRS, SUCCESSORS, plaintiff. You may lose money or ASSIGNS AND ALL PERSONS, property or other rights important FIRMS OR ASSOCIATIONS to you. CLAIMING RIGHT,TITLE OR YOU SHOULD TAKE THIS NO- INTEREST FROM OR UNDER LEO TICE TO YOUR LAWYER AT ONCE. D.JACOBS, DECEASED IF YOU DO NOT HAVE A LAWYER, Defendants GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE NOTICE CAN PROVIDE YOU WITH INFORMA- TION ABOUT HIRING A LAWYER. To: UNKNOWN HEIRS, SUCCES- IF YOU CANNOT AFFORD TO SORS, ASSIGNS AND ALL PER- HIRE A LAWYER,THIS OFFICE MAY SONS,FIRMS OR ASSOCIATIONS BE ABLE TO PROVIDE YOU WITH CLAIMING RIGHT, TITLE OR INFORMATION ABOUT AGENCIES INTEREST FROM OR UNDER LEO THAT MAY OFFER LEGAL SERVICES D.JACOBS,DECEASED TO ELIGIBLE PERSONS AT A RE- You are hereby notified that on DUCED FEE OR NO FEE. January 14, 2013, Plaintiff, BANK CUMBERLAND COUNTY OF AMERICA, N.A., SUCCESSOR ATTORNEY REFERRAL BY MERGER TO BAC HOME LOANS CUMBERLAND COUNTY SERVICING, LP fka COUNTRY- BAR ASSOCIATION WIDE HOME LOANS SERVICING, 32 S.Bedford Street LP, filed a Mortgage Foreclosure Carlisle,PA 17013 Complaint endorsed with a Notice (717)249-3166 to Defend, against you in the Court (800)990-9108 of Common Pleas of CUMBERLAND Aug. 16 County, Pennsylvania, docketed to No. 13-226-CIVIL. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 410 WEST ELMWOOD AVENUE, MECHANICSBURG,PA 17055-4127 whereupon your property would be 12 PROOF OF PUBLICATION State of Pennsylvania,County of Cumberland Jackie Cox,Director of Sales of The Sentinel,of the County and State afores duly sworn,deposes and says that THE SENTINEL,a newspaper of general in the Borough of Carlisle,County and State aforesaid,was established Dec. 1881,since which date THE SENTINEL has been regularly issued in said Cc that the printed notice or publication attached hereto is exactly the same as and published in the regular editions and issues of THE SENTINEL on the following day(s): August 9,2013 COPY OF NOTICE OF PUBLICATION NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION-LAW Affiant further deposes that hey •BANK OF AMERICA,N.A.,SUCCESSOR BY interested in the subject matter, MERGER TO BAC HOME LOANS SERVICING,' COURT OF COMMON PLEAS -LP FKA COUNTRYWIDE HOME LOANS aforesaid notice or advertiseme .S,ERVICING,LP CIVIL DIVISION Plaintiff all allegations in the foregoing ' CUMBERLAND COUNTY VS. No.13-226-CIVIL to time,place and character of f JANET DUNCAN,IN HER CAPACITY AS HEIR ar true. -OF LEO D.JACOBS,DECEASED UNKNOWN HEIRS,SUCCESSORS.ASSIGNS, AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D.JACOBS, _DECEASED Defendants NOTICE To UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING Sworn to and subscribed before RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D.JACOBS,DECEASED YoLFare hereby notified that on January 14,2013,Plaintiff;BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO Al, BAC HOME-LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP,filed a Mortgage. Foreclosure Complaint endorsed with a Notice to Defend,against you in the Court of Common Pleas of U CUMBERLAND County Pennsylvania,docketed to No.13-226-CIVIL.Wherein Plaintiff seeks to foreclose on the . mortgage secured on your property located at 410 WEST ELMWOOD AVENUE,MECHANICSBURG.PA 170554127 whereupon your property would be sold by the Sheriff of CUMBERLAND County. 'oYou are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this r publication or a Judgment will be entered against you. Pi NOTICE NOtdiy `If you wish to defend•you must enter a written appearance personally or by attorney and file your defenses or objections •� in writing with the court.You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff.You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO'.YOUR LAWYER AT ONCE.IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONETHE'OFFICE•SET FORTH BELOW.THIS OFFICE CAN PROVIDE YOU WITH INFORMATION My commission expires: ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO,HIRE'A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH.I INFORMATION ABOUT.AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL COMMONWEALTH OF PENNSM CUMBERLAND COUNTY BAR ASSOCIATION Notarial Seal 32 S.BEDFORD STREET CARLISLE,PA 17013 Bethany M.Holtry,Notary Pubi 717-249-3166 Carlisle Soro,Cumberland Coum 800-990-9108 My commission Tres Exp Sept 26, - _ - - —- - - - - MEMBER,PENNSYLVANIA ASSOCIATION OF,' I 1 ! FE Pi a Y L v't"-A i,t ", Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY • Court of Common Pleas • MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS • Civil Division SERVICING, LP Plaintiff • CUMBERLAND County • v. • No.: 13-226-CIVIL • JANET DUNCAN, in her capacity as Heir of LEO D. JACOBS, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS, DECEASED 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 January 14, 2013. 788735 2. Judgment was entered on October 1, 2013 in the amount of$163,355.03. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on 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 $142,196.96 Interest Through March 12, 2014 $26,958.05 Late Charges $42.97 Legal fees $1,975.00 Cost of Suit and Title $3,401.96 Property Inspections $210.00 Property Preservation $4,290.97 Escrow Deficit $10,931.39 TOTAL $190,007.30 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 Plaintiffs attached brief. 788735 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 December 23, 2013 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. No judge has previously entered a ruling in this case. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: 12/L3/13 By: �J John D. Kro ,Esquire ATTORNEY FOR PLAINTIFF 788735 • Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY • Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, . LP FKA COUNTRYWIDE HOME LOANS Civil Division SERVICING, LP . Plaintiff CUMBERLAND County • v. : No.: 13-226-CIVIL • JANET DUNCAN, in her capacity as Heir of LEO D. JACOBS, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS, DECEASED Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE LEO D. JACOBS, DECEASED 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 788735 Property located at 410 WEST ELMWOOD AVENUE, MECHANICSBURG, PA 17055-4127. 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 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 788735 (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 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 788735 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 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. 788735 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. 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 788735 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 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 788735 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 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 788735 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. 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. 788735 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: 12123/13 By: John D. ohn, Esquire Attorney for Plaintiff 788735 • Exhibit "A" 788735 r PHELAN HALLINAN,LLP Attorney for Plaintiff Zachary Miles,Esq.,Id. No.310721 1$I7 JFK Boulevard, Suite 4-400 -------- -- One-Pemr Center Plaza --- -- Philadelphia,PA 19103 Zacharyiones@phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A., : CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FICA : COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING,LP : CIVIL DIVISION vs. : No. 13-226.4117VaLy FILE COpy} Cdcr 41-17!RN JANET DUNCAN,:••Hint tmopeatit7 as o of LEO D.JACOBS,Deceased C o UNKNOWN HEIRS,SUCCESSORS, n z -,1 ASSIGNS,AND ALL PERSONS,FIRMS, zi OR ASSOCIATIONS CLAIMING cnD o°' RIGHT,TITLE OR INTEREST FROM r. --{a OR UNDER LEO D.JACOBS, .cccn DECEASED =o - o cz PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in � 'ff and against JANET DUNCAN,in her capacity as Heir of LEO IA 1 i i � ' . and UNKNOWN HEIRS,SUCCESSORS, ASSIGNS.AND ALL PERS ' . • ' "t 1 ' ASSOCIATIONS CLAIMING RIGHT. TITLE OR INTEREST FROM OR UNDER LEO D.JACOBS,DECEASED,Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $163,355.03 TOTAL 01031 I hereby certify that(1)the Defendant's last known ad"dJ r"esses are 320 APPOMATTOX STREET, APARTMENT 15,HOPEWELL,VA 23860-2836 and 410 WEST ELMWOOD AVENUE,MECHANICSBURG,PA 17055-4127,and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. 788735 • Exhibit "B" 788735 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania December 13,2013 JANET DUNCAN, in her capacity as Heir of JANET DUNCAN, in her capacity as Heir of LEO D. JACOBS,Deceased LEO D. JACOBS,Deceased 320 APPOMATTOX STREET UNKNOWN HEIRS, SUCCESSORS, APARTMENT 15 ASSIGNS,AND ALL PERSONS,FIRMS, OR HOPEWELL, VA 23860-2836 ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS,DECEASED 410 WEST ELMWOOD AVENUE MECHANICSBURG,PA 17055-4127 RE: BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP v.JANET DUNCAN,in her capacity as Heir of LEO D. JACOBS,DECEASED UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS, DECEASED Premises Address: 410 WEST ELMWOOD AVENUE MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 13-226-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days,by 12/19/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, 788735 co 0Q17'Z00 £1916 i da y"ti. { S ;t3N�k3<<3Ji�1SOd` ri •-r a I.__ s OA fil - i i 5 mt � x Wit, g4 c.A._ .w■ __ . a. fl` g .. w a i tal. : r O' " :, ri. A c).$;gun A gig"' -41111i; 0 oar' � a "' d CZZ 4 Q ae © = ' .y 'w 'wVEf w 0. � L L VI 1 .� C = .:. Zd a ce P4 A► W t F F,1;i4 ,1g1 11: - 0 td � � 3 03 6, ar v HifliipH °RW = 1 7;8 :a e• A. 0 ..t a 0. .-• a. Z 1-5 M .L 0 7 �{.9v a 1-,g su ro I P3 ra es w -el .. a�2, ea i ` �, ' _ • Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 j ohn.krohn @phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A., SUCCESSOR BY • Court of Common Pleas • MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS • Civil Division • SERVICING, LP Plaintiff : CUMBERLAND County • v. : No.: 13-226-CIVIL • JANET DUNCAN, in her capacity as Heir of LEO D. JACOBS, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS, DECEASED 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. 788735 JANET DUNCAN, in her capacity as Heir of JANET DUNCAN, in her capacity as Heir of LEO D. JACOBS, Deceased LEO D. JACOBS, Deceased 320 APPOMATTOX STREET UNKNOWN HEIRS, SUCCESSORS, APARTMENT 15 ASSIGNS, AND ALL PERSONS, FIRMS, OR HOPEWELL, VA 23860-2836 ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS, DECEASED 410 WEST ELMWOOD AVENUE MECHANICSBURG, PA 17055-4127 Phelan Hallinan, LLP DATE: 11.f ZSI13 By: kg John D. hn, uire ATTORNEY FOR PLAINTIFF 788735 t i fi ?ROI PHELAN HALLINAN, LLP , �� Attorney for Plaintiff Zachary Jones, Esq., Id. No.310721 �� , 1617 JFK Boulevard, Suite 1400 r,�lt`id� L YL�A1Q One Penn Center Plaza PE$�H5 Philadelphia, PA 19103 Zachary.Jones @phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A., : CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA : COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING,LP : CIVIL DIVISION vs. : No. 13-226-CIVIL JANET DUNCAN,in her capacity as Heir . of LEO D.JACOBS,Deceased UNKNOWN HEIRS,SUCCESSORS, ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D.JACOBS, DECEASED 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 JANET DUNCAN,in her capacity as Heir of LEO D.JACOBS,Deceased and UNKNOWN HEIRS,SUCCESSORS ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D.JACOBS,DECEASED,Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $163,355.03 TOTAL $163,355.03 I hereby certify that (1) the Defendant's last known addresses are 320 APPOMATTOX STREET, APARTMENT 15, HOPEWELL, VA 23860-2836 and 410 WEST ELMWOOD AVENUE,MECHANICSBURG,PA 17055-4127, and (2) that notice has been given in at accordance with Rule Pa.R.C.P 237.1. ���� S�L Q 3� p 01351 788735 �� ��a� Nel 116. MO PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME COURT OF COMMON PLEAS LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP CIVIL DIVISION Plaintiff NO.: 13-226-CIVIL v. • JANET DUNCAN,in her capacity as Heir of LEO D.JACOBS,Deceased CUMBERLAND COUNTY UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS, FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D.JACOBS,DECEASED Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $163,355.03 Interest from 10/02/2013 to Date of Sale $4,161.75 ($26.85 per diem) TOTAL $167,516.78 ' • a Halli . i,LLP Allison Zuck- an,Esq.,Id.No.309519 Attorney for Plaintiff Note: Please attach description of property. PH#788735 1- 1,2g,56z cq. 00 04g rn �t •7S !l N ll ^1S << , 9T 66 P4 C(164r J3C). lAt d S , SD LL CIL#/?S7.26, - j2 aqi o L-itp rr ci a.-5Stiej, LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate on the north side of West Elmwood avenue,in the borough of Mechanicsburg,county of Cumberland and state of Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point on the building line of West Elmwood avenue,at corner of lands now or formerly of Keefauver thence by land of Keefauver,north 24 degrees west,ninety-eight(98)feet to a point;thence by lands now or formerly of Howard J. Quigley north 66 degrees east,seventy-five and sixty-six hundredths (75.66)feet to a point;thence by land now or formerly of Arlene L.Alexander(referred)to as lot no. 30 in the plan of lots hereinafter mentioned),south 24 degrees east,ninety-eight(98)feet to a point on the northern line of West Elmwood avenue;thence by the northern line of West Elmwood avenue,south 66 degrees west, seventy-five and sixty-six hundredths(75.66)feet to a point,the place of beginning. TAX ID#: 20-24-0785-440A BEING all and the same lands and premises conveyed to Leo D.Jacobs and Kathryn W.Jacobs,his wife by Irene N.Kockler Gott,formerly known as Irene N.Kockler,and Gilbert V. Gott in a indenture deed executed 7/2/1985 and recorded 7/3/2005 in book 131,page 852 of the Cumberland county,Pennsylvania land records. TITLE TO SAID PREMISES VESTED IN Leo D. Jacobs, married, given by Leo D. Jacobs and Kathryn W. Jacobs, husband and wife, dated 03/24/2008, and recorded 4/4/2008 Instrument# 200810542. Mortgagor LEO D.JACOBS died on September 17,2010 and upon information and belief,his surviving heirs are KATHRYN W.JACOBS,JANET DUNCAN and BLAIR YOUNG. PREMISES BEING: 410 WEST ELMWOOD AVENUE,MECHANICSBURG,PA 17055-4127 PARCEL NO.20-24-0785-44A PHELAN HALLINAN, LLP V 1 =j Attorneys for Plaintiff Allison F. Zuckerman, Esq., Id. No.309519 ;1 E P'R T H 3 N U A I. 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza 2513 OCT 1 8 AM 10: 16 Philadelphia, PA 19103 CUMBERLAND COUNTS allison.zuckerman@phelanhallinan.com PENNSYLVANIA 215-563-7000 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC : COURT OF COMMON PLEAS HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP : CIVIL DIVISION Plaintiff • : NO.: 13-226-CIVIL v. JANET DUNCAN,in her capacity as Heir of LEO D.JACOBS, : CUMBERLAND COUNTY Deceased UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS, DECEASED 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. B . P Allis.• - -rman,Esq.,Id.No.309519 Attorney for Plaintiff BANK OF AMERICA, N.A., SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO BAC HOME LOANS SERVICING, LP FKA • £OUNTRYWIDE HOME LOANS SERVICING,LP CIVIL DIVISION Plaintiff • NO.: 13-226-CIVIL v. • JANET DUNCAN,IN HER CAPACITY AS HEIR OF CUMBERLAND COUNTY LEO D.JACOBS,DECEASED UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D.JACOBS,DECEASED Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 410 WEST ELMWOOD AVENUE,MECHANICSBURG,PA 17055-4127. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) JANET DUNCAN IN HER CAPACITY AS 320 APPOMATTOX STREET,APARTMENT 15 HEIR OF LEO D.JACOBS,DECEASED HOPEWELL,VA 23860-2836 UNKNOWN HEIRS,SUCCESSORS,ASSIGNS, 410 WEST ELMWOOD AVENUE AND ALL PERSONS,FIRMS,OR MECHANICSBURG,PA 17055-4127 ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D. �. JACOBS,DECEASED �3+� -0..A [..s -- rr CO CD -- rn —4 - y E.... 2. Name and address of Defendant(s)in the judgment: c.nr7 -- { : Name Address(if address cannot be reasonably -{%' cp ascertained,please so indicate) r<— JANET DUNCAN IN HER CAPACITY AS 320 APPOMATTOX STREET,APARTMENP1 HEIR OF LEO D.JACOBS,DECEASED HOPEWELL,VA 23860-2836 Y' CD UNKNOWN HEIRS,SUCCESSORS,ASSIGNS, 410 WEST ELMWOOD AVENUE AND ALL PERSONS,FIRMS,OR MECHANICSBURG,PA 17055-4127 ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS,DECEASED 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. PH#788735 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) 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 410 WEST ELMWOOD AVENUE MECHANICSBURG,PA 17055-4127 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 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 410 WEST ELMWOOD AVENUE KATHRYN JACOBS IN HER CAPACITY AS MECHANICSBURG,PA 17055-4127 HEIR OF LEO D.JACOBS,DECEASED 410 WEST ELMWOOD AVENUE BLAIR YOUNG IN HER CAPACITY AS HEIR MECHANICSBURG,PA 17055-4127 OF LEO D.JACOBS,DECEASED 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. PH#788735 Date: By. . ' 71r LP son man,Esq.,Id.No.309519 Attorney for Plaintiff ir • ` PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#788735 .BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO : COURT OF COMMON PLEAS BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE . HOME LOANS SERVICING, LP : CIVIL DIVISION Plaintiff : NO.: 13-226-CIVIL vs. : CUMBERLAND COUNTY JANET DUNCAN,in her capacity as Heir of LEO D.JACOBS, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL rya n �T�„ PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, , —4 TITLE OR INTEREST FROM OR UNDER LEO D.JACOBS, DECEASED <c' A - . vc-, Defendant(s) z© c) —1 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JANET DUNCAN, IN HER CAPACITY AS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, HEIR OF LEO D.JACOBS,DECEASED AND ALL PERSONS, FIRMS, OR 320 APPOMATTOX STREET,APARTMENT ASSOCIATIONS CLAIMING RIGHT,TITLE 15 OR INTEREST FROM OR UNDER LEO D. HOPEWELL,VA 23860-2836 JACOBS,DECEASED 410 WEST ELMWOOD AVENUE MECHANICSBURG, PA 17055-4127 **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 410 WEST ELMWOOD AVENUE,MECHANICSBURG,PA 17055-4127 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$163,355.03 obtained by BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP(the mortgagee) against 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. 13-226-CIVIL BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING,LP v. JANET DUNCAN, IN HER CAPACITY AS HEIR OF LEO D. JACOBS,DECEASED UNKNOWN HEIRS,SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D.JACOBS,DECEASED owner(s) of property situate in the MECHANICSBURG BOROUGH, CUMBERLAND County, Pennsylvania, being 410 WEST ELMWOOD AVENUE, MECHANICSBURG, PA 17055-4127 Parcel No. 20-24-0785-44A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $163,355.03 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate on the north side of West Elmwood avenue,in the borough of Mechanicsburg,county of Cumberland and state of Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point on the building line of West Elmwood avenue,at corner of lands now or formerly of Keefauver thence by land of Keefauver,north 24 degrees west,ninety-eight(98)feet to a point;thence by lands now or formerly of Howard J.Quigley north 66 degrees east,seventy-five and sixty-six hundredths (75.66)feet to a point;thence by land now or formerly of Arlene L.Alexander(referred)to as lot no. 30 in the plan of lots hereinafter mentioned),south 24 degrees east,ninety-eight(98)feet to a point on the northern line of West Elmwood avenue;thence by the northern line of West Elmwood avenue,south 66 degrees west, seventy-five and sixty-six hundredths(75.66)feet to a point,the place of beginning. TAX ID#: 20-24-0785-440A BEING all and the same lands and premises conveyed to Leo D.Jacobs and Kathryn W.Jacobs,his wife by Irene N.Kockler Gott,formerly known as Irene N.Kockler,and Gilbert V. Gott in a indenture deed executed 7/2/1985 and recorded 7/3/2005 in book 131,page 852 of the Cumberland county,Pennsylvania land records. TITLE TO SAID PREMISES VESTED IN Leo D. Jacobs, married, given by Leo D. Jacobs and Kathryn W. Jacobs, husband and wife, dated 03/24/2008, and recorded 4/4/2008 Instrument# 200810542. Mortgagor LEO D.JACOBS died on September 17,2010 and upon information and belief,his surviving heirs are KATHRYN W.JACOBS,JANET DUNCAN and BLAIR YOUNG. PREMISES BEING: 410 WEST ELMWOOD AVENUE,MECHANICSBURG,PA 17055-4127 PARCEL NO.20-24-0785-44A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-226 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff(s) From JANET DUNCAN,IN HER CAPACITY AS HEIR OF LEO D.JACOBS,DECEASED, UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS,DECEASED (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: $163,355.03 L.L.: $.50 Interest FROM 10/02/2013 TO DATE OF SALE($26.85 PER DIEM)-$4,161.75 Atty's Comm: Due Prothy: $2.25 Atty Paid: $227.00 Other Costs: Plaintiff Paid: Date: 10/18/13 Davi. ! ,Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: ALLISON F. ZUCKERMAN,ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.309519 Date 1, w i✓ ) / Zach/r o Ks sq., Id. No.310721 Atte -y or "laintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. '4.A,, ,:..Y ,�,i I ` DATE: 10'1 ,3 11 i PH#788735 Pro THONOTARY 788735 PHELAN HALLINAN,LLP Attorney for Plaintiff Zachary Jones,Esq.,Id.No.310721 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A., : CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA : COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING,LP : CIVIL DIVISION vs. : No. 13-226-CIVIL JANET DUNCAN,in her capacity as Heir of LEO D.JACOBS,Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D.JACOBS, DECEASED 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 JANET DUNCAN, in her capacity as Heir of LEO D. JACOBS, Deceased is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that the Plaintiff is without information sufficient to determine whether the defendants UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS, DECEASED, 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. 788735 (c) that defendant JANET DUNCAN, in her capacity as Heir of LEO D. JACOBS, Deceased is over 18 years of age and last known addresses are 320 APPOMATTOX STREET, APARTMENT 15, HOPEWELL, VA 23860-2836 and 410 WEST ELMWOOD AVENUE, MECHANICSBURG, PA 17055-4127. (d) that the Plaintiff is without information sufficient to determine whether the defendants UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS, DECEASED, are over 18 years of age and reside at 410 WEST ELMWOOD AVENUE, MECHANICSBURG, PA 17055-4127. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Phelan 1,V in LP Zachary/on-., E-q., Id. No.310721 Attorn-y fot Pia. tiff PHELAN A INAN, LLP 1617 JFK B.•levard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 788735 Results as of:Sep-30-2013 12:05:22 Department of Defense Manpower Data Center SCRA 3.0 41 *.a. :. f3' `}r t°8�S ' port ~ r Pursuant to Servicemembers Civil Relief Act •rr��++.s _ Last Name: JACOBS First Name: LEO Middle Name: D Active Duty Status As Of: Sep-30-2013 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 t 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. yvA_ Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO BAC HOME LOANS SERVICING,LP FKA CIVIL DIVISION COUNTRYWIDE HOME LOANS SERVICING,LP Plaintiff NO. 13-226-CIVIL v. JANET DUNCAN,IN HER CAPACITY AS HEIR OF LEO CUMBERLAND COUNTY D.JACOBS,DECEASED UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D.JACOBS,DECEASED Defendant(s) TO: JANET DUNCAN,IN HER CAPACITY AS HEIR OF LEO D.JACOBS,DECEASED 320 APPOMATTOX STREET APARTMENT 15 HOPEWELL,VA 23860-2836 DATE OF NOTICE: /VA-7 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN,AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR ASSOCIATION Cumberland County Courthouse CUMBERLAND COUNTY COURTHOUSE 1 Courthouse Square 2 LIBERTY AVENUE Carlisle,PA 17013 CARLISLE,PA 17013 (717)240-6195 (717)249-3166 By: 6)/6,4' S,u `?s1'"" Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#788735 BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO BAC HOME LOANS SERVICING,LP FKA CIVIL DIVISION COUNTRYWIDE HOME LOANS SERVICING,LP Plaintiff NO. 13-226-CIVIL v. JANET DUNCAN,IN HER CAPACITY AS HEIR OF LEO CUMBERLAND COUNTY D.JACOBS,DECEASED UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D.JACOBS,DECEASED Defendant(s) TO: JANET DUNCAN,IN HER CAPACITY AS HEIR OF LEO D.JACOBS,DECEASED 410 WEST ELMWOOD AVENUE MECHANICSBURG,PA 17055-4127 DATE OF NOTICE: 917V THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN,AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER.IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING.A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR ASSOCIATION Cumberland County Courthouse CUMBERLAND COUNTY COURTHOUSE 1 Courthouse Square 2 LIBERTY AVENUE Carlisle,PA 17013 CARLISLE,PA 17013 (717)240-6195 (717)249-3166 By: . Z✓'""w�v -sf" Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#788735 BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO BAC HOME LOANS SERVICING,LP FKA CIVIL DIVISION COUNTRYWIDE HOME LOANS SERVICING,LP Plaintiff NO. .13-226-CIVIL JANET DUNCAN,IN HER CAPACITY AS HEIR OF LEO CUMBERLAND COUNTY D.JACOBS,DECEASED UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING • RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D.JACOBS,DECEASED Defendant(s) TO: UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D.JACOBS,DECEASED 410 WEST ELMWOOD AVENUE MECHANICSBURG,PA 17055-4127 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 FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR ASSOCIATION Cumberland County Courthouse CUMBERLAND COUNTY COURTHOUSE 1 Courthouse Square 2 LIBERTY AVENUE Carlisle,PA 17013 CARLISLE,PA 17013 (717)240-6195 (717)249-3166 Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#788735 (Rule of Civil Procedure No. 236) - Revised BANK OF AMERICA, N.A., SUCCESSOR : CUMBERLAND COUNTY BY MERGER TO BAC HOME LOANS . SERVICING, LP FKA COUNTRYWIDE : COURT OF COMMON PLEAS HOME LOANS SERVICING,LP vs. : CIVIL DIVISION JANET DUNCAN,in her capacity as Heir : No. 13-226-CIVIL of LEO D.JACOBS,Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D.JACOBS,DECEASED Notice is given that a Judgment in the above captioned matter has been entered against you on O113 _ a rt If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 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.** 788735 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA,N.A., SUCCESSOR BY • Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, • LP FKA COUNTRYWIDE HOME LOANS • Civil Division SERVICING, LP • Plaintiff • CUMBERLAND County • v. No.: 13-226-CIVIL JANET DUNCAN, in her capacity as Heir of LEO D. JACOBS, Deceased UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, r•I AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR r--4- INTEREST FROM OR UNDER LEO D. JACOBS, DECEASED Defendants RULE AND NOW,this day of' I 1 • 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 046, 788735 .,„,../-**,-JOhn D. Krohn,Esq.,Id.No.312244 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 DUNCAN, in her capacity as Heir of DUNCAN, in her capacity as Heir of LEO D. JACOBS, Deceased LEO D. JACOBS, Deceased 320 APPOMATTOX STREET UNKNOWN HEIRS, SUCCESSORS, APARTMENT 15 ASSIGNS, AND ALL PERSONS, FIRMS, OR HOPEWELL, VA 23860-2836 ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS, DECEASED 410 WEST ELMWOOD AVENUE MECHANICSBURG, PA 17055-4127 Caf 112.1.41,er-L 788735 ip•py 788735 K i 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., SUCCESSOR BY : Court of Common Pleas ;s, MERGER TO BAC HOME LOANS SERVICING, v --(;‘-, LP FKA COUNTRYWIDE HOME LOANS : Civil Division -Ill,' v. .-; c-' SERVICING, LP 1 'cl--P '' '`"y Plaintiff : CUMBERLAND Coui vs. (La �+ No.: 13-226-CIVIL 17. 0,..: JANET DUNCAN - c, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, .. AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS, DECEASED LEO D. JACOBS Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 6, 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. JANET DUNCAN, in her capacity as Heir of JANET DUNCAN, in her capacity as Heir of LEO D. JACOBS, Deceased LEO D. JACOBS, Deceased 320 APPOMATTOX STREET UNKNOWN HEIRS, SUCCESSORS, APARTMENT 15 ASSIGNS, AND ALL PERSONS, FIRMS, OR HOPEWELL, VA 23860-2836 ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS, DECEASED 410 WEST ELMWOOD AVENUE MECHANICSBURG, PA 17055-4127 Phela A.11'x' <n, P• DATE: By: ��1�_. Jonat' . M. Etkowicz,Esq.,Id.No.208786 Attorne for Plaintiff 788735 • L, /'(,7/1 l !110ifr • i CljiltIERt 11, Pk'@S Vi C CO0 , Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A., SUCCESSOR BY • Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, : LP FKA COUNTRYWIDE HOME LOANS : Civil Division SERVICING, LP Plaintiff • CUMBERLAND County vs. • No.: 13-226-CIVIL • • JANET DUNCAN, in her capacity as Heir of LEO D. JACOBS,Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS, DECEASED Defendants MOTION TO MAKE RULE ABSOLUTE BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on December 26, 2013. 788735 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on December 13, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued on or about January 6, 2014 directing the Defendants to show cause by January 27, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on January 9, 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 C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of January 27, 2014. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: //2///y By: John D. Kro , Esq., Id.No.312244 Attorney for Plaintiff 788735 Exhibit "A" 788735 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 December 13, 2013 JANET DUNCAN, in her capacity as Heir of JANET DUNCAN, in her capacity as Heir of LEO D. JACOBS,Deceased LEO D. JACOBS, Deceased 320 APPOMATTOX STREET UNKNOWN HEIRS, SUCCESSORS, APARTMENT 15 ASSIGNS, AND ALL PERSONS,FIRMS, OR HOPEWELL, VA 23860-2836 ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS, DECEASED 410 WEST ELMWOOD AVENUE MECHANICSBURG,PA 17055-4127 RE: BANK OF AMERICA,N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FK.A COUNTRYWIDE HOME LOANS SERVICING, LP v.JANET DUNCAN,in her capacity as Heir of LEO D. JACOBS,DECEASED UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS, DECEASED Premises Address: 410 WEST ELMWOOD AVENUE MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 13-226-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 12/19/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, 788735 John D. Krq9613---n, Esq., Id. No.312244 Attorney for Plaintiff Enclosure 788735 • a ' Aft 4c tj ..�` " x Z00 $ E0181. < '..11/434%.1 :1i1:4 Go ' �SOSk3N. K3 ISOCl s l v '` ' ' .` Oli u i In' Z HI' :it k 4 4—tx c c IS 4 � 1 cam. a ,2 . I lig ... A 2 a.2 a v u°� 6 w v a o a v 4 I a g i i w w 7 " . F or, At td '9 & C6 .V ir F j U r= 2•4 x � 1W atRx%A 4. Z 1 :.f , 5 Ti 0 t- 0. F..i)X ‘te '.8 21 • C z as 0 E Z � .0 7, adg d +CZ ©0. a) Iz * .c W r-M io 15 , .:1, W 5 12 is z ¢ o a H ¢_ Exhibit "B" 788735 . �- S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA,N.A., SUCCESSOR BY • Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, . LP FKA COUNTRYWIDE HOME LOANS : Civil Division SERVICING,LP • Plaintiff CUMBERLAND County v. • No.: 13-226-CIVIL • JANET DUNCAN, in her capacity as Heir of LEO D.JACOBS, Deceased rn3 cr UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, `; AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS, ca. •—v,,, DECEASED `' c.? Defendants 1 RULE AND NOW,this 7.-a- day of nti 7 2014,a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY) 7'f�COURT J. 788735 �hn D.Krohn.Esq.,Id.No.312244 Phelan Hal(inan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 �/J"ANET DUNCAN,in her capacity as Heir of DUNCAN,in her capacity as Heir of LEO D. JACOBS,Deceased LEO D. JACOBS,Deceased 320 APPOMATTOX STREET UNKNOWN HEIRS, SUCCESSORS, APARTMENT 15 ASSIGNS,AND ALL PERSONS,FIRMS, OR HOPEWELL,VA 23860-2836 ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS,DECEASED 410 WEST ELMWOOD AVENUE MECHANICSBURG, PA 17055-4127 C.Or►+?s tr2.�. . 788735 788735 Exhibit "C" Yr"AY • 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., SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, . LP FKA COUNTRYWIDE HOME LOANS Civil Division SERVICING, LP . w Plaintiff CUMBERLAND Ccdt y vs. a No.: 13-226-CIVIL, cn JANET DUNCAN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, ,, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS, DECEASED LEO D. JACOBS Defendants CERTIFICATION OF SERVICE I hereby certify that a true . y ' y rue and.correct copy of the Court's January 6, 2Q 14 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. JANET DUNCAN,in her capacity as Heir of JANET DUNCAN,in her capacity as Heir of LEO D. JACOBS, Deceased LEO D. JACOBS,Deceased 320 APPOMATTOX STREET UNKNOWN HEIRS, SUCCESSORS, APARTMENT 15 ASSIGNS,AND ALL PERSONS, FIRMS, OR HOPEWELL, VA 23860-2836 ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS,DECEASED 410 WEST ELMWOOD AVENUE MECHANICSBIJRG,PA 17055-4127 J Phe1 a 4111'' , .P DATE: C By: Jonat .Etkowicz,Esq.,Id. No.208786 Atturne, for Plaintiff 788735 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 j ohn.krohn @phelanhallinan.corn 215-563-7000 BANK OF AMERICA,N.A., SUCCESSOR BY • Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, : LP FKA COUNTRYWIDE HOME LOANS : Civil Division SERVICING, LP Plaintiff • CUMBERLAND County • vs. • No.: 13-226-CIVIL JANET DUNCAN, in her capacity as Heir of LEO : D. JACOBS, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS, DECEASED 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. JANET DUNCAN, in her capacity as Heir of JANET DUNCAN, in her capacity as Heir of LEO D. JACOBS, Deceased LEO D. JACOBS, Deceased 320 APPOMATTOX STREET UNKNOWN HEIRS, SUCCESSORS, APARTMENT 15 ASSIGNS, AND ALL PERSONS, FIRMS, OR HOPEWELL, VA 23860-2836 ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS, DECEASED 410 WEST ELMWOOD AVENUE MECHANICSBURG, PA 17055-4127 Phelan Hallinan, LLP DATE: 129 )y By: John D. Kr , Esq., Id. No.312244 Attorney for Plaintiff 788735 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA,N.A.,SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME PH#788735 `- LOANS SERVICING,LP DEFENDANT SERVICE TEAM/lxh JANET DUNCAN,in her capacity as Heir of LEO D.JACOBS, COURT NO.:13-226-CIVIL W Deceased —r t 7 = UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL r ` PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT, :1";:c=; TITLE OR INTEREST FROM OR UNDER LEO D.JACOBS, DECEASED q '- SERVE JANET DUNCAN,in her capacity as Heir of LEO D. TYPE OF ACTION JACOBS,Deceased AT: XX Notice of Sheriff's Sale J1 320 APPOMATTOX STREET SALE DATE: March 5,2014 r, APARTMENT 15 HOPEWELL,VA 23860-2836 SERVED Served and made known to JANET DUNCAN, in her capacity as Heir of LEO D.JACOBS,Deceased,Defendant on the# day of .V bcv',20 i 5,at t n..5D,o'citiek A M,,at Z A. t 4F,rn the manner described below: _)f 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 itcg Height Weight /6° Race Wig Sex i» other Cia.,1 I, e ►'�'lrtct ,a competent adult,being duly sworn according to law,depose and state 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 addtssdic tf ap e, ;e ANDI r HUMrHR IES Sworn to and subscribed NOTARY AnY Pt BLIC before me this da y Cemmo werllth of Virein;a co �' 4`764TCP of�1�J2✓ilcer',2013 Reg M t mmiss +drt • 4 .-• 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 t at Service Refused Other: Sworn to and subscribed before me this day of ,20 . By: Notary: ATTORNEY FOR PLAINTIFF, Phelan Hallinan,I,,LP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 MORGAN PROCESS SERVICE LLC Priority: STANDARD Field Sheet #2013000067 Received: 10/30/2013 at 12:20 pm II I III 1110 II II 111111 11 0 Court Date: Filed: SERVE: Janet Duncan, 320 Appomattox Street, Apartment 15, Hopewell, VA 23860-2836 SPECIAL INSTRUCTIONS: Attempts Server: Wayne Morgan Date Time Comments 1. / 2. / 4. 5. / 6. 1 7. / 8. / Actual Service Info ;" Married? 11 1 q /C. �` Type: 'er Military? P7 0 Miles ,A/ Served on: l'a4/1 e+ 01/C `I As: C/, Hours Address: e.,,4e // / 1.4_ , g° . k..V Additional Addr: 1 2 3 Comments: Courier Out of Pocket Costs Age 46 Sex M I Race WO,- Height - it. Weight /10 Hair Glassesf N Case Number: 13-226-CIVIL Cumberland Common Pleas Plaintiff Defendant BANK OF AMERICA N.A.SUCCESSOR BY M JANET DUNCAN, in her capacity as Type of Writ: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Client: Evan Arocho Firm: Full Sspectrum Services Inc Phone: (856)813-1460 Fax: (856)813-1462 Client Reference Number: 13-226-CIVIL I acknowledge receipt of the documents listed above and confirm that the within-named partyl-/is not in active military service. Sign.ture of R7cipient &A O' C . Ll\C Fi's't Copyright©1992-2011 Database Services,Inc..-Process Server's Toolbox V6 5m J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA BANK OF AMERICA, N.A., SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS Civil Division SERVICING, LP Plaintiff CUMBERLAND County vs. No.: 13-226-CIVIL c°3 JANET DUNCAN, in her capacity as Heir of LEO D. JACOB'S, Deceased MCO -n r - UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, ` ' AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS, a_ , , DECEASED Defendants ORDER AND NOW, this Yet, day of Ato?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 tunc as follows: Principal Balance $142,196.96 Interest Through March 12, 2014 $26,958.05 Late Charges $42.97 Legal fees $1,975.00 Cost of Suit and Title $3,401.96 Property Inspections $210.00 Property Preservation $4,290.97 Escrow Deficit $10,931.39 . TOTAL $190,007.30 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. BA THE COUR Obt(L4 J. 788735 PHELAN HALLINAN, LLP Attorney for Plaintiff Adam H. Davis, Esq.,Id. No.203034.31 - E RNL, r 1617 JFK Boulevard, Suite 1400 ,�t_SYfANLVANIA D COUNT l One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA,N.A.,SUCCESSOR BY : CUMBERLAND COUNTY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS : COURT OF COMMON PLEAS SERVICING, LP Plaintiff. : CIVIL DIVISION v. No.: 13-226-CIVIL JANET DUNCAN,IN HER.CAPACITY AS HEIR OF LEO D.JACOBS,DECEASED UNKNOWN HEIRS,SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER LEO D.JACOBS,DECEASED Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH.OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS:. As required by Pa. R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named,at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit"A". Adam H. Davis. Esq.,Id. No 203034 ����� Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#788735 i=toz za Nvr e6tt.eZ�a000 z 'r£' $ cotr► z " : " -% F fl t 1411 -4 ,., " e I Sz1,.' ∎9d3N lid f,,' 3OVI ', _ v § i i j 3 nV ,... i ii El t hi:5 44 F. W 1 0 E2 y B (] O r « a 4.i ; A i; ..., J o n u W. W, L Vl W al 41 1.4 Ed d qr434 P'', "0*xt b t a a .t g w t - ..i.i.7....., 2 0 u , i Ili; i 0 -> ai4i tr. et la 04 Ow co, 4A F-1 t M g q a .: a .,qz .4 060,46 N,0 Ir CD C.) 14411- tiAgt g E 8 --izi- E a -11 13 g qC � � � � zCa � Au i E. o o p 0q « H WAw n - p. cA l °_ alzac E Gas. miQm 0,m5dg0 > ox,,, g6.14 02.44 a .. _ 0, � A, 3aE.4 0. O pc., 03az � � � O � a0 a, Qaw �WAZi. : . m v0. - = v1,46 " ,.., a 4a4Wt, zWta i � itz � 24aFxHaII- g42 H it 41 t47 g .- pU -,< „ F zZ oaim �zVOE- U � xa `� � wutOE-. ap : � ”' c `" i� 400r00t �' � c�G `" � � � �nWf" a0 Z � 1:60'" X0 X0 . cti t, ,5 C d r., 4. ggi53 ; . oa Zg�' w w C[ 1xw0 g4 :5 e sit z oWC . i.. w. W0 — .< OW ,4 * ;40 Q 0140 . v) v � N a, - 400. ZFvXUtatoCt) l .7Xool ,. . . L I 11 g * * * * * * a 4* 4* os Z * 4 * 4 a * * 4 3 a �L * 3 a 4 h en w . p b 4., I.N M 'I. v at, Co z la L z Q O .a F G0 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 2Thti APR I 5 Pil 12: t72 OUNIE:ERL AND COUNT `' PENNSYLVI=kNIA Bank of America, N.A. vs. Janet Duncan, in her capacity as Heir of Leo D. Jacobs, Deceased Case Number 2013-226 SHERIFF'S RETURN OF SERVICE 01/09/2014 11:41 AM - Deputy Ronald Hoover, 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 410 West Elmwood Avenue, Mechanicsburg - Borough, Mechanicsburg, PA 17055, Cumberland County. 03/12/2014 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 on March 12, 2014 at 10:00 a.m. He sold the same for the sum of $ 115,000.00 to Max Myers, 5015 Ravenwood Road, Mechanicsburg, PA 17055, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $3,231.24 April 09, 2014 (c) C.IonntyStxte :.;nerif", l'eleosoft, Inc. SO ANSWERS, RONNY R ANDERSON, SHERIFF Vf ,a) pI ar4, a.as- pd gr) Ik4 Om 3 01/ 52 c On December 13, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA, Known and numbered as, 410 West Elmwood Avenue, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: December 11, 2013 By: 0-011_ Real Estate Coordinator O :E d 3 1 1 3 0 E 1 1 -13,7!:a:1.110 221'8111-1S 171-a E0 331330 LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2013-226 Civil Term Bank of America, N.A. vs. Janet Duncan, in Her Capacity As Heir of Leo D. Jacobs, Deceased Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13-226-CIVIL, BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP. FKA COUNTRYWIDE HOME LOANS SERVICING, LP vs. JANET DUNCAN, IN HER CAPACITY AS HEIR OF LEO D. JACOBS, DECEASED, UNKNOWN HEmS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UN- DER LEO D. JACOBS, DECEASED, owner(s) of property situate in the MECHANICSBURG BOROUGH, CUMBERLAND County, Pennsylva- nia, being 410 WEST ELMWOOD AVENUE, MECHANICSBURG, PA 17055.4127. Parcel No. 20-24-0785-44A. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $163,355.03. 28 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. 1 sa Marie Coyne, Ed tor SWORN TO AND SUBSCRIBED before me this day of February, 2014 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 ' The �� Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERJFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 patriogews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of PubA^cation. 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. 1;2013-226 Civil Term ank of America, N.A Vs . Janet Duncan, in her capacity as Heir of Leo D. Jacobs, Deceased Atty: Joseph Schalk By virtue of a Writ of Execution No. 13-226-CIVIL BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC OME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICENG, LP ^ DUNCAN, IN HER CAPACITY AS HEIR OF LEO D. JACOBS, DECEASED, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL P8RS0N8, DRNS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LEO D. JACOBS.DEC8A.uso__` 4 This ad ran on the date(s) shown below: 01/19/14 01/26/14 r- 02/02/14 COMMONWEALTH OF 'PENNSYLVANIA EMBERotarial Seal fiolly Lynn Warfel, Notary Public Washington Twp., Dziuphin County My Commisalcm _'- — .~--_~^ 2016 OTA n 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 Max and Nina Myers is the grantee the same having been sold to said grantee on the 12th day of March A.D., 2014, under and by virtue of a writ Execution issued on the 18th day of October, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Tenn, 2013 Number 226, at the suit of Bank of America, NA against Janet Duncan In her Capacity as Heir of Leo D. Jacobs., deceased is duly recorded as Instrument Number 201407629. IN TESTIMONY WHEREOF, I have h eunto set my hand and seal of said office this /5 day of corder of Deeds ds, Cumberland County, Carlisle, PA ion Expires the First Monday of Jan. 2018