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HomeMy WebLinkAbout13-1038> --.i ._ ; -„ Cam, , ,-_ `"~... ' r~m i ~~~ Y _. ~.. . ~.. .r..~ ... .._..w - ... ., PHELAN HALLINAN, LLP Allison F. Zuckerman, 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, L.P F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff v. THOMAS N. TRAYER LINDA J. TRAYER 3902 TRAYER LANE MECHANICSBURG, PA 17050-5000 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVII. DIVISION TERM No. f 3 - X038 C ~ v~,L ~n-~ CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: ?96198 .~ ~b3. ~s~,~l C ~ Ja`1g`~~l ~ ~~9/y ytj NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800)990-9108 File #: 296198 Plaintiff is BAI~YK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: THOMAS N. TRAYER LINDA J. TRAYER 3902 TRAYER LANE MECHANICSBURG, PA 17050-5000 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/25/2006 THOMAS N. TRAYER and LINDA J. TRAYER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC. which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1948, Page 2108. By Assignment of Mortgage recorded 05/05/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200914318.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified File #: 296198 by written notice sent to Mortgagor, the entire principal balance and all interest due 6 thereon are collectible forthwith. The following amounts are due on the mortgage as of 01/18/2013: Principal Balance $127,573.89 Interest $32,592.98 10/01/2009 through 01/18/2013 Late Charges $74.87 Property Inspections $244.00 Title Costs $505.00 Escrow Deficit 15 879.00 Subtotal $176,869.74 Suspense Credit 1 539.25 TOTAL $175,330.49 7 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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. File #: ?96198 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $175,330.49, 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 HALLI~AN, LLP By: Attorneys Plaintiff Esq., Id. No.309519 File #: 296198 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of ground situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern right-of-way line of Trayer Lane at Lot R; thence along said southern right-of-way line North 39 degrees 27 minutes 21 seconds East, a distance of 37.31 feet to a point; thence along the same by a curve to the right, said curve having a chord bearing and distance of North 61 degrees 27 minutes 23 seconds East, a distance of 183.56 feet, a radius of 245.00 feet, and an arc distance of 188.15 feet to a point; thence along the same North 82 degrees 17 minutes 47 seconds East, a distance of 49.42 feet to a point at lands now or formerly of Michael F.. and Debrah A. Stoner, Deed Book 27D, Page 090; thence along said lands South 26 degrees 42 minutes 29 seconds East, a distance of 169.04 feet to a point at Lot R; thence along Lot R, South 63 degrees 17 minutes 31 seconds West, a distance of 188.50 feet to a point; thence along the same North 52 degrees 51 minutes 33 seconds West, a distance of 74.38 feet to a point; thence along the same North 50 degrees 32 minutes 39 seconds West, a distance of 1.06.50 feet to a point, being the place of BEGINNING. BEING LOT #1, taken from a plan by R.J. Fisher and Associates for Silver Book Phase I. UNDER AND SUBJECT to restrictions, reservations, conditions, easements, exceptions, rights of way and/or set-back lines filed on prior recorded instruments, deeds and conveyances. HAVING thereon erected atwo-story dwelling known and numbered as 3902 Trayer Lane, Mechanicsburg, PA 17050. UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, reservations, conditions and rights of way of record. PROPERTY ADDRESS: 3902 TRAYER LANE, MECHANICSBURG, PA 17050-5000 PARCEL # 10-18-1314-120 File #: 296198 VERIFICATION ~~'~ ~-~ ~~~~,_ ~,~„,~~ ,hereby states that®'she isl'.a ~u.~ a~rJ~. ~, ~~=•~~~^v-~"~; of BANK OF AMERICA, N.A., Plaintiff in this matter, thatt~/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of~hi /her 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. ~ ~ ~~._ _ Name: " ~ ~r: ~ ,~~~ ~,-,~_- DATE: ; _ - ~•~~ .. T" Title: ~---~-~' _ -~~-~-- ~ , _ , BANK OF AMERICA, N.A. File#: 296198 Name: TRAYER File #: ?96198 Pa.I%.C.~'~. ~ ~.5. BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff(s) vs. THOMAS N. TRAYER LINDA J. TRAYF_R Defendant(s) FORM 1 Updated 01/OI/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -., (__ . _ , . ' __ L.u ^~r~ .. . -- F.~ ~' ~.. _.~ -~, ._. 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 charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested 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: ZZ Date lliso .Zuckerman, Esq., Id. No.309519 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: Is the property for sale? Realtor Name: Borrower Occupied? State: Zip: Yes ^ No ^ Listing date: Price: $ Realtor Phone: Yes^No^ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Cell: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Type of Loan: Loan Number: How long? Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $, Date of Last Payment: Office: Other: How long? State: Zip: Home: Office: Cell: Other: Included Taxes & Insurance: 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 Monthlv 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: Monthlv 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 h. 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/Tuit. 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: UWe, authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. UWe understand that Uwe am/are under no obligation to use the counseling services provided by the above named Borrower Signature Co-Borrower Signature Date Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) r f CT 111E Pfib TFIOt40,, r J f , ?0!3 jL!A 26 PM 2 1 C,UP• BERLAt COUNT Y =EdNSyLVANIA PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. Court of Common Pleas F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Civil Division 7105 CORPORATE DRIVE PLANO, TX 75024 Term Plaintiff No. 2013-1038-Civil V. Cumberland County THOMAS N. TRAYER LINDA J. TRAYER 3902 TRAYER LANE MECHANICSBURG,PA 17050-5000 Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, Bank of Amercia, N.A., Successor (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On February 25, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due November 1, 2009, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. On March 4, 2013, Plaintiff completed service on Defendant of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage 296198 Foreclosure Diversion Program Notice. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program,the Foreclosure action is stayed for sixty(60) days from the date of service. 4. Within 60 days after service of the complaint,the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty(60) days has elapsed since the service of Notice,of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty(60) days of service. 7. Since Defendants have opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 296198 +4 + WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HALLINAN, LLP Date: IlLil(3 BY: "rvo� 0 j�Ub Vse Scha lk Esquire ey for Plaintiff 296198 Exhibit A C7. r. C• r�►1 m z Gn c� u N D f-A '-•1 Q Z0 n CD rn PHELAN HALLINAN,LLP Allison F.Zuckerman,Esq.,Td.No.309519 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAMIFF Philadelphia,PA 1.9103 2157563-7000 BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. COURT OF COMMON PLEAS F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. CIVIL DIVISION 7105 CORPORATE DRIVE PLANO, TX 75024 TERM Plaintiff NO. /3 -10,38 V. CUMBERLAND COUNTY THOMAS N. TRAYER. LINDA J.TRAYER 3902 TRAYER.LANE MECHANICSBURG,PA 17050-5000 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE o File k 2961" COUP. Ot Cw-!""tUI1 P1eaS For Prothonotary Use Only: Cvi�`Coi',Sheet r:,. CURI3 t R A�N DI nty Docket No: The informtation collected on this form. is used solely for court administration purposes. T his form does not su>>.lenren.t or replace thefiling and service o leadin s or other papers as required by law or rules of court, Commencement of Action: S El Complaint ❑Writ of Summons ❑Petition E ❑Transfer from Another Jurisdiction ❑Declaration of Taking Lead Plaintiff's Name: BANK OF AMERICA,N.A Lead Defendant's Name: THOMAS N.TRAYER C SUCCESSOR BY MERGER TO BAC HOME LOANS T SERVICING,L.P.F/K/A COUNTRYWIDE HOME T .LOANS SERVICING.L.P. Dollar Amount Requested: ❑ within arbitration limits O Are money damages requested? ❑Yes 0 No x (Check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes 0 No A Name of Plaintiff/Appellant's Attorney: Allison F Zuckerman Esq.,Id No 309519 Phelan Hallinan,LLP ❑ Check here if you have no attorney (are a Self-Represented (Pro Se] Litigant) Nature of the Case: Place an "X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that. you consider most important. TORT(do not include A?ass Tort) CONTRACT(do not include Judgments) 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 S include mass tort) ❑Employment Dispute: •Slander/Libel/Defamation Discrimination E ❑Other: ❑Employment.Dispute: Other ❑Zoning Board C ❑Other: T, I MASS TORT ❑ Other: U ❑Asbestos N ❑Tobacco D Toxic Tort-DES - - ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑Toxic Waste ❑ Ejectment ❑Common Law/Statutory Arbitration B ❑ Other: ❑Eminent Domain/Condemnation ❑Declaratory Judgment ❑Ground Rent ❑Mandamus ❑Land]ord/Tenant Dispute ❑Non-Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑Mortgage Foreclosure:Commercial ❑Quo Warranto ❑Dental ❑Partition ❑Replevin D Quiet Title ❑Other: D Legal D Other: ❑Medical 0 Other Professional: NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty(20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may Iose 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#: 296198 PHELAN HALLINAN,LLP Allison F. Zuckerman,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, L.P. COURT OF COMMON PLEAS F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. CIVIL DIVISION 7105 CORPORATE DRIVE PLANO,TX 75024 TERM Plaintiff NO. V. CUMBERLAND COUNTY THOMAS N. TRAYER LINDA J.TRAYER 3902 TRAYER LANE MECHANICSBURG, PA 17050-5000 Defendants CIVIL ACTION-LAW. COMPLAINT IN MORTGAGE FORECLOSURE I� t6 '� File#: 296198 I. Plaintiff is BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: THOMAS N.TRAYER LINDA J. TRAYER 3902 TRAYER LANE MECHANICSBURG, PA 17050-5000 who Ware the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/25/2006 THOMAS N. TRAYER and LINDA J.TRAYER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC. which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1948,Page 2108. By Assignment of Mortgage recorded 05/05/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200914318.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 11/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified File#: 296198 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 01/18/2013:- Principal Balance $127,573.89 Interest $32,592.98 10/01/2009 through 01/18/2013 Late Charges $74,87 Property Inspections $244.00 Title Costs $505.00 Escrow Deficit $15,879.00 Subtotal $176,869.74 Suspense Credit ($1,539.25) TOTAL $175,330.49 7. Plaintiff is not seeking a judgment of personal liability(or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy,but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File 296198 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $175,330.49, 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 HALLI: AN,LLP By: - m 011 ca'nian;Esq., Id. No.309519 Attorney . r Plaintiff 17ile#: 296198 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of ground situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows,to wit: BEGINNING at a point on the southern right-of-way line of Trayer Lane at Lot R; thence along said southern right-of-way line North 39 degrees 27 minutes 21 seconds East, a distance of 37.31 feet to a point; thence along the same by a curve to the right, said curve having a chord bearing and distance of North 61 degrees 27 minutes 23 seconds East, a distance of 1.83.56 feet, a radius of 245.00 feet, and an arc distance of 188.15 .feet to a point; thence along the same North 82 degrees 17 minutes 47 seconds East, a distance of 49.42 feet to a point at .Lands now or formerly of Michael E. and Debrah A. Stoner, Deed Book 27D, Page 090; thence along said lands South 26 degrees 42 minutes 29 seconds East, a distance of 169.04 feet to a point at.Lot R; thence along Lot R, South 63 degrees 17 minutes 31 seconds West, a distance of 188.50 feet to a point; thence along the same North 52 degrees 51 minutes 33 seconds West, a distance of 74.38 feet to a point; thence along the same North 50 degrees 32 minutes 39 seconds West, a distance of 106.50 feet to a point,being the place of BEGINNING. BEING LOT#1, taken from a plan by R.J. Fisher and Associates for Silver Book Phase I. UNDER AND SUBJECT to restrictions, reservations, conditions, easements, exceptions, rights of way and/or set-back lines filed on prior recorded instruments, deeds and conveyances. HAVING thereon erected a two-story dwelling known and numbered as 3902 Trayer Lane, Mechanicsburg, PA 17050. UNDER AND SUBJECT, NEVERTHELESS, to easements,restrictions, reservations, conditions and rights of way of record. PROPERTY ADDRESS: 3902 TRAYER LANE, MECHANICSBURG,PA 17050-5000 PARCEL# 10-1.8-1314-120 rile#: 296198 VERIFICATION , hereby states thatie�'she iY4-r���1;aTof BANK OF AMERICA, N.A., Plaintiff in this matter, that&she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best o hiilher 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. , Name: r-,r-w---tip_ DATE: ! " ' Title: rr BANK OF AMERICA,N.A. File#: 296198 Name: TRAYER File k: 296198 FORM I IN THE COURT OF COMMON PLEAS BANK OF AMERICA,N.A SUCCESSOR BY OF CUMBERLAND COUNTY,PENNSYLVANIA MERGER TO BAC HOME LOANS SERVICING, L.P.F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. Plaintiff(s) VS. THOMAS N.TRAYER LINDA J.'PRAYER 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 uol have a lawyer,you must take(lie 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 he 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 riled with the Court within sixty(60)days of die 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 1�4id1lonn 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 Ilis`onzuckerman,Esq.,Id.No.309519 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: 1 APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes❑ No Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? CO-BORROWER Mailing Address: _ City: ___ State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? FINANCIAL INFORMATION 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: 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): l, monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mort,a:e Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fueUre airs Other proe. 2ayment Install. Loan Payment Cable TV Child Su ort/Alim. j Spending Money Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes,please indicate the status of those negotiations: Please provide the following information,if known,regarding your lender and lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: Phone:. AUTHORIZATION I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement(if property is currently on the market) Exhibit B SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff Jody S Smith �;°ti��t�ci�urrtUcc,id�� `Chief Deputy G Richard W Stewart Soli0or 6FFiCE OF THE SRSIFF • k Bank of America, N.A. Successor by Merger to.BAC.Home Coans:Serv►cmg 'Case'Number VS. `2013-1.038 Thomas N Trayer(et al.) i SHERIFF'S?RETURN OF�SERVIGE 03/04/2013 01:15 PM-Deputy William:Cline;'being duly sworn according to law,rser4ed the'requested Complaint !j. Mortgage Foreclosure by`;personally banding-:a true copy to a person`repipsentng�#ttemselves�#o be.the Defendant,to wit: Lind J:Trayer"at 3902 Traye�a_ane ,Hampden Township Me" arncsburg.PA.17050. • x l CLI E',DEPU i Y 03104/2013 01:15 PM-Deputy William Cline,being duly swam according to law,served the iequested Complarnt'in Mortgage Foreclosure by'handing a trine copy to a person reptesenbng thenlselves to`be i_inaa Trayer, Wife,'who accepted as"Adult Person in Charge"'fo'r Thomas N'Trayer at 3902 Tr yer Ln ;Hampden TWO,Mechanicsburg; PA 17050. ° x W f:n1AM GLtNE 1b EPUTY r` SHERIFF COST:'$54.00 SO APISWERS � a r March 06,2013 RONWlR AND E RS{ON;SHERIFF i �.`ikliltp$it) 'TQt¢OSOft,(nG - PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff BANK OF AMERICA,N.A SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS Civil Division SERVICING, L.P. 7105 CORPORATE DRIVE Term PLANO, TX 75024 No. 2013-1038-Civil Plaintiff V. Cumberland County THOMAS N. TRAYER LINDA J. TRAYER 3902 TRAYER LANE MECHANICSBURG,PA 17050-5000 Defendants CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: THOMAS N. TRAYER LINDA J. TRAYER 3902 TRAYER LANE MECHANICSBURG,PA 17050-5000 Date: CX/ � J se ph b Schalk, Esquire A116rney for Plaintiff 296198 t � IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. Court of Common Pleas F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Civil Division 7105 CORPORATE DRIVE PLANO, TX 75024 Term �y T Plaintiff No. 2013-1038-Civ "- �; Cumberland Co� �. THOMAS N. TRAYER x co LINDA J. TRAYER *C11)o 3902 TRAYER LANE co MECHANICSBURG, PA 17050-5000 co >� Defendants ORDER AND NOW,this z�� day of vv.�, , 2013, upon consideration of Plaintiff s Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY THE COURT: 1471 gs rrz.- .t LL A4 J. 296198 cc: Thomas N. Trayer and Linda J. Trayer Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 THOMAS N. TRAYER LINDA J. TRAYER 3902 TRAYER LANE MECHANICSBURG,PA 17050-5000 296198 LF HIE PROTHIONOTARy PHELAN HALLINAN, LLP Attorney for Plaintiff Melissa J. Cantwell, Esq., Id. No.308912 2013 AUG 9 AM 11. 30 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza Philadelphia, PA 19103 PENNSYLVANIA Melissa.Cantwell@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A SUCCESSOR CUMBERLAND COUNTY BY MERGER TO BAC HOME LOANS SERVICING,L.P. F/K/A COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING,L.P. CIVIL DIVISION VS. No. 13-1038 THOMAS N. TRAYER LINDA J. TRAYER 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 THOMAS N. TRAYER and LINDA J. TRAYER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $175,330.49 TOTAL $175,330.49 . I hereby certify that (1) the Defendants'last known address is 3902 TRAYER LANE, MECHANICSBURG, PA 17050-5000, and(2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date AUG 0 8 2013 Melissa J. Cantwell, Esq., Id. No.308912 ` Attorney for Plaintiff a�T s�lo.So�AN� �j�u a9y a • DAMAGES ;nREBY ASSESSED AS INDICATE �# DATE: C, 789974 PHELAN HALLINAN,LLP Attorney for Plaintiff Melissa J. Cantwell,Esq., Id.No.308912 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Melissa.Cantwell @phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A SUCCESSOR BY CUMBERLAND COUNTY MERGER TO BAC HOME LOANS SERVICING, COURT OF COMMON PLEAS L.P.F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. CIVIL DIVISION vs. No.,13-1038 THOMAS N.'TRAYER LINDA J.TRAYER AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above- captioned matter,and that on information and belief,he/she has knowledge of the following facts,to wit: (a) that the defendant(s)THOMAS N.TRAYER is/are not in the Military or Naval Service of the United States or its Allies,or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940,as amended. (b) that defendant THOMAS N.TRAYER is over 18 years of age and resides at 3902 TRAYER LANE,MECHANICSBURG,PA 17050-5000. (c) that the Plaintiff is without sufficient information to determine whether defendant(s)LINDA J. TRAYER is/are not in the Military or Naval Service of the United States or its Allies,or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940,. as amended. (d) that defendant LINDA J.TRAYER is over 18 years of age and resides at 3902 TRAYER. LANE,MECHANICSBURG,PA 17050-5000. This statement is made subject to the penalties of 18 Pa.C.S.Section 4904 relating to unsworn falsification to authorities. Date AUG 8 2013 Phelan Hallinan,LLP Melissa J.Cantwell,Esq.,Id.No.30891.2 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 191.03 215-563-7000 789974 Department of Defense Manpower Data Center Results as of:Aug-08-201312:06:57 SCRA 3.0 tat por 0 Pursuant tai Scry cert ombexs C�v�1�Ii�C pct• Last Name: TRAYER First Name: THOMAS Middle Name: N Active Duty Status As Of: Aug-08-2013 On Active Duty On Active Duty Status bate Active Duty Start Date Active buty End Date Status Service Component NA NA _E No: NA This response re6eds:the lridivrdu3ls•active dilly status based on the Active Duty Status Date t Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date .Active Duty End'Date Status Service Component NA NA NA This response reflects whera the individual left active duty status within 367 days preceding the Active,Duty Status Date r The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Not cation 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"earty,notification to report for active duty Upon searching the data banks of'the Department of Defense Manpowe"r Dala.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. X11L ,-� Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236) -Revised BANK OF AMERICA,N.A SUCCESSOR CUMBERLAND COUNTY BY MERGER TO BAC HOME LOANS SERVICING,L.P. F/K/A COUNTRYWIDE COURT OF COMMON PLEAS HOME LOANS SERVICING, L.P. VS. CIVIL DIVISION THOMAS N.TRAYER No. 13-1038 LINDA J. TRAYER Notice is that a Judgment in the above ca I ptioned matter has been entered against you on ftw-' OS11 V^;- By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Melissa J. Cantwell, Esq., Id. No.308912 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 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 BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY.** 789974 e e BANK OF AMERICA,N.A SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION L.P.F/KlA COUNTRYWIDE HOME LOANS SERVICING,L.P. NO. 13-1038 Plaintiff V. CUMBERLAND COUNTY THOMAS N.TRAYER LINDA J.TRAYER Defendant(s) TO: THOMAS N.TRAYER 3902 TRAYER LANE MECHANICSBURG,PA 17050-5.000 . 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 DIRE 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 N©FEE: Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse I ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE. Carlisle,PA 17013 -2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: J Lill Jo ath;in Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA. 19103 PH#799974 BANK OF AMERICA,N.A SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION L.P.F1KlA COUNTRYWIDE HOME LOANS SERVICING,L.P. NO. 13-1038 Plaintiff V. CUMBERLAND COUNTY THOMAS N.TRAYER LINDA J.TRAYER Defendant(s) TO: LINDA J.TRAYER 3902 TRAYER LANE MECHANICSBURG,PA 17050-5000 DATE OF NOTICE: , --7 12,5/(; THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By:, To nth an lobb.Esq.,Jd, No.312'174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#789974 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE P.R.C.P.3180-3183 BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BA HOME LOANS SERVICING,L.P.F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 13-1038 THOMAS N. TRAYER LINDA TRAYER Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: ``3 �f~ � �y - , rte: Amount Due sn r" r° J175,330.49 Interest from 08/12/2013 to Date ($28.82 per diem) $3,314.3 0 --'i TOTAL --t Zn 178 644.79 Phelan Hallinan,LLP Melissa J.Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff Note: Please attach description of property. PH#789974 opt . - r Sit.oo CAF 163. Ito Solt << ,Vdod. 7S Cl� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P.F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. Plaintiff V. THOMAS N.TRAYER LINDA J.TRAYER Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) filed: - Address where papers may be served: I Phelan Hallinan, ME LLP THOMAS N.TRAYER Melissa J.Cantwell,Esq.,Id.No.308912 T LANE Attorney for Plaintiff CHANKS NICSBURG,PA 17050-5000 LINDA J.TRAYER 3902 TRAYER LANE MECHANICSBURG,PA 17050-5000 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of ground situate in Hampden Township,Cumberland County, Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at a point on the southern right-of-way line of Trayer Lane at Lot R;thence along said southern right-of-way line North 39 degrees 27 minutes 21 seconds East,a distance of 37.31 feet to a point;thence along the same by a curve to the right,said curve having a chord bearing and distance of North 61 degrees 27 minutes 23 seconds East,a distance of 183.56 feet,a radius of 245.00 feet,and an arc distance of 188.15 feet to a point; thence along the same North 82 degrees 1.7 minutes 47 seconds East,a distance of 49.42 feet to a point at lands now or formerly of Michael E.and Debrah A.Stoner,Deed Book 27D,Page 090;thence along said lands South 26 degrees 42 minutes 29 seconds East,a distance of 169.04 feet to a point at Lot R;thence along Lot R,South 63 degrees 17 minutes 31 seconds West,a distance of 188.50 feet to a point;thence along the same North 52 degrees 51 minutes 33 seconds West,a distance of 74.38 feet to a point;thence along the same North 50 degrees 32 minutes 39 seconds West,a distance of 106.50 feet to a point,being the place of BEGINNING. BEING LOT#1,taken from a plan by R.J.Fisher and Associates for Silver Book Phase I. UNDER AND SUBJECT to restrictions,reservations,conditions,easements,exceptions,rights of way and/or set-back lines filed on prior recorded instruments,deeds and conveyances. HAVING thereon erected a two-story dwelling. UNDER AND SUBJECT,NEVERTHELESS,to easements,restrictions,reservations,conditions and rights of way of record. TITLE TO SAID PREMISES IS VESTED IN Thomas N. Trayer and Linda J. Trayer, h/w,by Deed from Grace P. Trayer, adult individual, dated 10/08/2004, recorded 10/15/2004 in Book 265, Page 3771. PREMISES BEING: 3902 TRAYER LANE,MECHANICSBURG,PA 17050-5000 PARCEL NO. 10-18-1314-120 PHELAN HALLINAN, LLP F I L.E -OFF]]C E Attorneys for Plaintiff Melissa J. Cantwell, Esq., Id. No.308912 11f 111'F PR0 Tf�C,hjO Tj,,i y 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza 2013 AUG -9 AP4 j l: .,3 S Philadelphia, PA 19103 Melissa.Cantwell @phelanhallinan.com CUMBERLAND COIN TP 215-563-7000 PENNSYLVANIA BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC COURT OF COMMON PLEAS HOME LOANS SERVICING, L.P.F/K/A COUNTRYWIDE HOME - LOANS SERVICING, L.P. CIVIL DIVISION Plaintiff NO.: 13-1038 V. THOMAS N. TRAYER . : CUMBERLAND COUNTY LINDA J. TRAYER Defendant(s) CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the.-premises is non-owner occupied ( ) the premises is vacant (X) 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. Phelan Hallinan,.LLP Melissa J.Cantwell,Esq.,id.No.308912 Attorney for Plaintiff r BANK OF AMERICA, N.A SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO BAC HOME LOANS SERVICING,L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. CIVIL DIVISION Plaintiff NO.: 13-1038 v. THOMAS N. TRAYER CUMBERLAND COUNTY LINDA J. TRAYER Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P.F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P.,Plaintiff in the above;action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 3902 TRAYER LANE,MECHANICSBURG,PA 17050-5000. I. Name and address of Owner(s)or reputed Owner(s): Name Address-(if address cannot be reasonably ascertained, please so indicate) THOMAS N.TRAYER 3902 TRAYER.LANE, MECHANICSBURG,PA 17050-5000 LINDA J.TRAYER 3902 TRAYER LANE, c MECHANICSBURG,PA 17050-5000 rn co 2. Name and address of.Defendant(s)in the judgment: CIO u Name Address(if address cannot be reasonably t.CJ q ascertained,please so indicate) .ACC �CJ A n Xft -,-, THOMAS N.TRAYER 3902 TRAYER LANE Z:C) MECHANICSBURG,PA 17050-5000 -� qn� C") 3 LINDA J.TRAYER 3902 TRAYER LANE ` MECHANICSBURG,PA 17050-5000 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) GRACE TRAYER 3631 NORTH FRONT STREET C/O MICHAEL D.REED,ESQUIRE HARRISBURG,PA 17110 BAC HOME LOANS SERVICING,LP F/K/A 1.800 TAPO CANYON ROAD COUNTRYWIDE HOME LOANS MAIL STOP#SV-103 SERVICING,L.P. SIMI VALLEY,CA 93063 BAC HOME LOANS SERVICING,LP F/K/A 123 SOUTH BROAD STREET,SUITE 2080 COUNTRYWIDE HOME LOANS PHILADELPHIA,PA 19109-1031 SERVICING,L.P. C/O MARGARET GAIRO;ESQUIRE PH#789974 BAC HOME LOANS SERVICING,LP F/K/A 123 SOUTH BROAD STREET,SUITE 2080 *- COUNTRYWIDE HOME LOANS PHILADELPHIA,PA 19109-1031 SERVICING,L.P. C/O TERRENCE J.MCCABE,ESQUIRE LVNV FUNDING,LLC 15 SOUTH MAIN STREET,SUITE 500 GREENVILLE,SC 29601 LVNV FUNDING,LLC EDWIN A.ABRAHAMSEN&ASSOCIATES, C/O MICHAEL F.RATCHFORD,ESQUIRE P.C. 120 N KEYSER AVE SCRANTON,PA 18504 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 3902 TRAYER LANE MECHANICSBURG,PA 17050-5000 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 PH#789974 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: AUG n la 9(113 By. Phelan Hallinan,LLP Melissa J.Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#789974 BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO COURT OF COMMON PLEAS BAC HOME LOANS SERVICING,L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. CIVIL DIVISION Plaintiff NO.: 13-1038 VS. CUMBERLAND COUNTY THOMAS N. TRAYER LINDA J.TRAYER Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY j C) TO: THOMAS N. TRAYER LINDA J. TRAYER C) C-- 3902 TRAYER LANE C .) MECHANICSBURG,PA 17050-5000 ' "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 3902 TRAYER LANE,MECHANICSBURG,PA 17050-5000 is scheduled to be sold at the Sheriff s Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$175,330.49 obtained by BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P.F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with PaR.C.P.Rule 31,29.3. 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 Iwo 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. L 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 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of ground situate in Hampden Township,Cumberland County, Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at a point on the southern right-of-way line of Trayer Lane at Lot R;.thence along said southern right-of-way line North 39 degrees 27 minutes 21 seconds East,a distance of 37.31 feet to a point;thence along the same by a curve to the tight,said curve having a chord hearing and distance of North 61 degrees 27 minutes 23 seconds East,a distance of 183.56 feet,.a radius of 245.00 feet,and an arc distance of 188.15 feet to a point;thence along the same North 82 degrees 1.7 minutes 47 seconds East,a distance of 49.42 feet to a -point at lands now or formerly of Michael E.and Debrah A.Stoner,Deed Book 27D,Page 090;thence along said lands South 26 degrees 42 minutes 29 seconds East,a distance of 169.04 feet to a point at Lot R;thence along Lot R,South 63 degrees 17 minutes 31 seconds West,a distance of 188.50 feet to a point;thence along the same North 52 degrees 51 minutes 33 seconds West,a distance of 74.38 feet to a point;thence along the same North 50 degrees 32 minutes 39 seconds West,a distance of 106.50 feet to a point,being the place of BEGINNING. BEING LOT#1,taken from a plan by R.J.Fisher and Associates for Silver Book Phase I. UNDER AND SUBJECT to restrictions,reservations,conditions,easements,exceptions,rights of way and/or set-back lines filed on prior recorded instruments,deeds and conveyances. HAVING thereon erected a two-story dwelling. UNDER AND SUBJECT,NEVERTHELESS,to easements,restrictions,reservations,conditions and rights of way of record. TITLE TO SAID PREMISES IS VESTED-IN Thomas N. Trayer and Linda J. Trayer,b/w,by Deed from Grace P. Trayer, adult individual, dated 10/08/2004, recorded 10/1512004 in Book 265, Page 3771. PREMISES BEING:3902 TRAYER LANE,MECHANICSBURG,PA 17050-5000 PARCEL NO. 10-18-1314-120 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-1038 BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO SAC HOME LOANS SERVICING,L.P.F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P. V. THOMAS N.TRAYER LINDA J. TRAYER owner(s) of property situate in HAMPDEN TOWNSHIP, CUMBERLAND County, Pennsylvania,being 3902 TRAYER LANE,MECHANICSBURG,PA 17050-5000 Parcel No. 10-18-1314-120 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $175,330.49 Attorneys for Plaintiff Phelan Hallinan, LLP WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-1038 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP Plaintiff(s) From THOMAS N.TRAYER,LINDA L.TRAYER (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:$175,330.49 L.L.:$.50 Interest FROM 8/12/2013 TO DATE OF SALE($28.82 PER DIEM)-$3,314.30 Atty's Comm: Due Prothy:$2.25 Atty Paid:$202.75 Other Costs: Plaintiff Paid: Date: August 9,2013 —Ikaev�g:l R.LaA� David D.Buell,Prothonotary -11 v (Sea])`wvukuz Deputy REQUESTING PARTY: Name:MELISSA J.CANTWELL,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.308912 • Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A SUCCESSOR BY • Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, : L.P. F/K/A COUNTRYWIDE HOME LOANS : Civil Division SERVICING, L.P. Plaintiff • CUMBERLAND County • v. • No.: 13-1038 THOMAS N. TRAYER m' 'r-- LINDA J. TRAYER r- ry - r`-- <> c Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES =' YTj 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 February 25, 2013. 2. Judgment was entered on August 9, 2013 in the amount of$175,330.49. 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. 789974 4. The Property is listed for Sheriffs Sale on December 4, 2013. 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 $127,573.89 Interest Through December 4, 2013 $41,277.27 Late Charges $74.87 Legal fees $1,700.00 Cost of Suit and Title $456.25 Property Inspections $274.00 Escrow Deficit $20,601.97 TOTAL $191,958.25 6. Plaintiff paid the following in taxes and insurance during the time the loan was in default: 4/13/2009 ESCROW BALANCE ($882.15) 7/17/2009 HAZARD INSURANCE $1,293.53 8/26/2009 SCHOOL TAX $2,272.83 9/18/2009 PAYMENT ($341.94) 9/30/2009 PAYMENT ($341.94) 11/18/2009 PAYMENT ($341.94) 12/15/2009 PAYMENT ($341.94) 2/2/2010 PAYMENT ($341.94) 3/2/2010 PAYMENT ($341.94) 4/12/2010 PAYMENT ($341.94) 4/23/2010 CITY TAX $646.69 7/2/2010 PAYMENT ($341.94) 7/8/2010 PAYMENT ($341.94) 7/9/2010 HAZARD INSURANCE $1,804.44 8/13/2010 SCHOOL TAX $2,344.60 9/20/2010 PAYMENT ($341.94) 9/30/2010 PAYMENT ($593.65) 12/9/2010 PAYMENT ($341.94) 12/28/2010 HAZARD INSURANCE $295.00 3/28/2011 CITY TAX $716.33 5/4/2011 ESCROW SHORTAGE ($118.20) 789974 5/6/2011 ESCROW SHORTAGE ($118.20) 5/10/2011 ESCROW SHORTAGE ($118.20) 5/12/2011 ESCROW SHORTAGE ($118.20) 5/17/2011 ESCROW SHORTAGE ($118.20) 5/19/2011 ESCROW SHORTAGE ($118.20) 5/24/2011 ESCROW SHORTAGE ($118.20) 5/27/2011 ESCROW SHORTAGE ($118.20) 7/11/2011 HAZARD INSURANCE $2,345.73 7/25/2011 SCHOOL TAX $2,730.87 3/27/2012 PAYMENT ($341.94) 4/20/2012 CITY TAX $716.33 7/10/2012 HAZARD INSURANCE $2,918.84 7/25/2012 SCHOOL TAX $2,779.24 3/22/2013 CITY TAX $790.87 7/9/2013 HAZARD INSURANCE $2,691.52 8/6/2013 SCHOOL TAX $2,779.83 TOTAL $20,601.97 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 10, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 789974 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order to Lift Conciliation Stay dated June 28, 2013 . WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: By: .44p �lisonV/Tc-k- an, Esquire ATTORNEY OR PLAINTIFF 789974 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A SUCCESSOR BY : Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, : L.P. F/K/A COUNTRYWIDE HOME LOANS : Civil Division • SERVICING, L.P. Plaintiff : CUMBERLAND County • v. • No.: 13-1038 • THOMAS N. TRAYER LINDA J. TRAYER Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE THOMAS N. TRAYER executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 3902 TRAYER LANE, MECHANICSBURG, PA 17050-5000. 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 789974 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 789974 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Bums, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 789974 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 789974 Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 789974 Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriffs 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 789974 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. 789974 Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phela .11in. FP DATE: By. ilison - -/an, Esquire Attorney for Plaintiff 789974 Exhibit "A" 789974 PHELAN HALLINAN, LLP Attorney for Plaintiff Melissa J. Cantwell,Esq., Id.No.308912 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Melissa.Cantwell@phelanhallinan.com 215-563-7000 r, r t; C.J. BANK OF AMERICA,N.A SUCCESSOR : CUMBERLAND COUNTYrrn BY MERGER TO BAC HOME LOANS c' r SERVICING,L.P.F/K/A : COURT OF COMMON PL) Lo °c; COUNTRYWIDE HOME LOANS cQ a -, SERVICING,L.P. : CIVIL DIVISION ino o 7-7 . vs w r vs. : No. 13-1038 —+ p THOMAS N.TRAYER LINDA J.TRAYER PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES • TO THE PROTHONOTARY: ATTORNEY ET 1 ' I PLEASE fit Kindly enter judgment in favor of the Plaintiff and against THOMAS N.TRAYER and LINDA J.TRAYER,Defendant(s)for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiff's damages as follows: ATTORNEY FILE COPY As set forth in Complaint PLVASSALPTURN TOTAL $175,330.49 I hereby certify that(1)the Defendants'last known address is 3902 TRAYER LANE, MECHANICSBURG,PA 17050-5000, and(2)that notice has been given in accordapre with __ -_-Rulc Pa.R.C.P 237.1. — AT�R LE Date AUG 0 8 2013 R j'•..• Melissa J.Cantwell,Esq., Id. No.308912 Attome or Plaintiff DAMAGES REBY ASSESSED AS INDICATED. gicamsj ("Ai DATE: 47 789974 Exhibit "B" 789974 • I 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 September 10, 2013 THOMAS N. TRAYER LINDA J. TRAYER 3902 TRAYER LANE MECHANICSBURG,PA 17050-5000 RE: BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. v. THOMAS N. TRAYER and LINDA J. TRAYER Premises Address: 3902 TRAYER LANE MECHANICSBURG,PA 17050 CUMBERLAND County CCP,No. 13-1038 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 9/16/2013. Should you have further questions or concerns,please do not hesitate to contact me, Otherwise,please be guided accordingly. Very truly yt. II Allison 7. A email,Es ., d. No.309519 Attorney for Plaintiff- Enclosure 789974 Name and Phelan HalGnan,LLP �r� Address �. 1617 JFK Boulevard,Suite 1400 1 .' Of Sender One Pam Center Plaza E s".- Philadelphia,PA 19143 KVM I g.u. 1 Line Article Number Name of Addressee,Street,and Post Office Address Postage ^I a*ra THOMAS N.TRAYER $0.46.LINDA J.TRAYER c 3902TRAYER LANE MECHANICSBURG,PA17030-Sono s .RE THOMAS N.TRAYER(CUMBERLAND) PH t!7 599 7 4/120 0 Page I of 1 S0.46 Tom N sba of ToW T arber of Pis eo Ploim.00:Pa(iae of TYe t deciaa l=of vaisc is mimed m ail d,000 u ad iot«otlicout registered mad.The maze ;:}by Rwadveda PaROffia �Raedvbga�b3sx) far�eteoesasuuioe afaomeetdaWe deeumsua seder Papeaa Afar ddavamiemasaoctroo bmo A a pace subject to a Mit of 2300.000 parooaorcooe.The maatimom iodeandY ROW=P M' i d She nazism ude�ity payable is 223,000 far mastered mat,tear wfib optimal ism.See t �+ 8900$417 sod 5921 for limitation alcove rate. Form 3877 Facsimile . �Li Cot i, u 1 1 789974 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A SUCCESSOR BY : Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, : L.P. F/K/A COUNTRYWIDE HOME LOANS : Civil Division • SERVICING, L.P. Plaintiff : CUMBERLAND County v. • No.: 13-1038 • THOMAS N. TRAYER LINDA J. TRAYER 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. THOMAS N. TRAYER LINDA J. TRAYER 3902 TRAYER LANE MECHANICSBURG, PA 17050-5000 Phel., Hallinan _ '# ig DATE: : Allison F. Z -rman, Esquire ATTORNEY FOR PLAINTIFF 789974 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P.F/K/A COUNTRYWIDE HOME PH#789974 LOANS SERVICING,L.P. DEFENDANT SERVICE TEAM/lxh THOMAS N.TRAYER COURT NO.:13-1038 LINDA J.TRAYER SERVE THOMAS N.TRAYER AT: TYPE OF ACTION 3902 TRAYER LANE XX Notice of Sheriff's Sale MECHANICSBURG,PA 17050-5000 SALE DATE: December 4,2013 SERVED Se ved and made known to THOMAS N.TRAYER,Defendant on the day of lkNW� ,20�3,at `� ,o'clock M.,at 3462 in the man er described below: Defendant personally served. Adult family member„�yith whom Defendant(s)reside(s). Relationship is L'1 VA 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: It Description: Age S Height S, 4 ' Sex� Weight 3� S Race w Other I, `� � , a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: La NAME:Z PRINTED NAME: TTTLE: S NOTSERVED On the dayy of '20_,at o'clock_.M.,I, a competent adult hereby state thate�endant 17 UUiD ecause: =Vacant Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on at ^ _; at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP t'a CS 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 M r-1 M-- (215)563-7000 CG LD ZE: C 4 "-J "� AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P.F/K/A COUNTRYWIDE HOME PH#789974 LOANS SERVICING,L.P. DEFENDANT SERVICE TEAM/lxh THOMAS N.TRAYER COURT NO.: 13-1038 LINDA J.TRAYER SERVE LINDA J.TRAYER AT: TYPE OF ACTION 3902 TRAYER LANE XX Notice of Sheriffs Sale MECHANICSBURG,PA 17050-5000 SALE DATE: December 4,2013 SERVED Served and ma known to LINDA J.TRAYER,Defendant on the—?A day of N6"3S" 20(3 ,at o'clock V.M.,at` Rne2 'C(�Ik in the manner described below: Defendant ersonally served. _Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _Other: Description: Age Height 5 Weight 30 S Race k-) Sex—F—Other I, VL)t;2t5r'J ' a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: p6en S ' NOT SERVED On the day of 20_,at o'clock_.M.,I, a competent adult hereby state that e endant T F ND because: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP ' 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza =M fir, Philadelphia,PA 19103 (215)563-7000 �A:7 C 1 . 7 M i CD } � z 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, L.P. F/K/A COUNTRYWIDE HOME LOANS : Civil Division SERVICING, L.P. Plaintiff : CUMBERLAND County V. : No.: 13-1038 THOMAS N. TRAYER LINDA J. TRAYER Defendants RULE AND NOW,this Z`� day of r _2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE OURT J. 7899'74 C J llison F.Zuckerman, Esq., Id.No.309519 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 'THOMAS N. TRAYER LINDA J. TRAYER 3942 TRAYER LANE MECHANICSBURG, PA 17050-5000 S &I"4j Irr—c( 789974 z/s- 789974 - - - _ _ - - HIE PROTRt t* 0A10-7-A IT Y 1013 @T -7 m @$NY(PENS CUN T t y A NSA 2 Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Zachary.Jones @phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A SUCCESSOR BY • Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, : L.P. F/K/A COUNTRYWIDE HOME LOANS : Civil Division • SERVICING, L.P. Plaintiff : CUMBERLAND County • vs. • No.: 13-1038 • THOMAS N. TRAYER LINDA J. TRAYER Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 24, 2013 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. THOMAS N. TRAYER LINDA J. TRAYER 3902 TRAYER LANE MECHANICSBURG,PA 17050-5000 76"I~ . � ►,DATE: �/ By: 7,4&/ Za�o( JJo sq.,Id.No.310721 /torney 'o 'laintiff 789974 9 C iNv 11?J1 t.1 t: tt1i 211'3 OCT 22 AN I0: I4 CL+' S-ERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Zachary.Jones @phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A SUCCESSOR BY • Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, : L.P. F/K/A COUNTRYWIDE HOME LOANS : Civil Division SERVICING, L.P. Plaintiff • CUMBERLAND County vs. • No.: 13-1038 • THOMAS N. TRAYER LINDA J. TRAYER Defendants MOTION TO MAKE RULE ABSOLUTE BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P., 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 September 20, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on September 10, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the 789974 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 by the Honorable Kevin A. Hess on or about September 24, 2013 directing the Defendants to show cause by October 14, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on October 3, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of October 14, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. tO J I Phelan H. i I an LP DATE: �Z�-r 3 By: / /j Z.�'�f Esq., Id.No.310721 �1�•rnaintiff 789974 • Exhibit "A" 789974 I 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 September 10, 2013 THOMAS N. TRAYER LINDA J. TRAYER 3902 TRAYER LANE MECHANICSBURG,PA 17050-5000 RE: BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. v. THOMAS N.TRAYER and LINDA J. TRAYER Premises Address: 3902 TRAYER LANE MECHANICSBURG,PA 17050 CUMBERLAND County CCP,No. 13-1038 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 9/16/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly y* • Allison . Z errnart,Es.., d. No.309519 Attorney for Plaintiff.- Enclosure 789974 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, L.P. F/K/A COUNTRYWIDE HOME LOANS Civil Division SERVICING,L.P. Plaintiff CUMBERLAND County V. No.: 13-1038 THOMAS N. TRAYER LINDA J. TRAYER Defendants RULE AND NOW,this c21141.\- day of9951e,710,2013,a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT • rn cr) • • • • z r- • 70 cjE Ni < 4r C-D < • C- ->> 789974 Allison F.Zuckerman,Esq.,Id.No.309519 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215)563-3459 THOMAS N.TRAYER LINDA J.TRAYER 3902 TRAYER LANE MECHANICSBURG,PA 17050-5000 789974 • 789974 • • Exhibit "B" 789974 __ = _ — X013 OqO T Ft �� _7 41110:0 Rt. Phelan Hallinan,LLP Zachary Jones,Esq.,Id.No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Zachary.Jones @phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A SUCCESSOR BY • Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, L.P. F/KJA COUNTRYWIDE HOME LOANS Civil Division SERVICING, L.P. • Plaintiff • CUMBERLAND County vs. • No.: 13-1038 THOMAS N. TRAYER • LINDA J. TRAYER Defendants • CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 24,2013 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. THOMAS N.TRAYER LINDA J.TRAYER 3902 TRAYER LANE - MECHANICSBURG,PA 17050-5000 Phelan H• �' �LP DATE: / 7 By: Ii Za �s'f o I sq.,Id.No.310721 jP orney o 'laintiff 789974 Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A SUCCESSOR BY • Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS • Civil Division • SERVICING, L.P. Plaintiff • CUMBERLAND County vs. • No.: 13-1038 • THOMAS N. TRAYER LINDA J. TRAYER 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. THOMAS N. TRAYER LINDA J. TRAYER 3902 TRAYER LANE MECHANICSBURG, PA 17050-5000 Phela a . DATE: lb .Z l ri; By: / Zac /y Jrne •.,Id.No.310721 A rrney for . tiff 789974 L E1 2 FENNSYLVANIA 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, : L.P. F/K/A COUNTRYWIDE HOME LOANS : Civil Division SERVICING, L.P. Plaintiff • CUMBERLAND County • vs. • No.: 13-1038 • THOMAS N. TRAYER LINDA J. TRAYER Defendants ORDER AND NOW, this o itc{ day of C s2e-t1 4t., 2013, 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 Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $127,573.89 Interest Through December 4, 2013 $41,277.27 Late Charges $74.87 Legal fees $1,700.00 Cost of Suit and Title $456.25 Property Inspections $274.00 Escrow Deficit $20,601.97 789974 TOTAL $191,958.25 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY TH COURT: J. 414es, frZat 7' erc_ KyaLfh2 789974 T F:11°0:1;t"; PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H.Davis,Esq.,Id.No.203034 CU PERL►tiE D COUNT 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA GREEN TREE SERVICING,LLC CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION THOMAS N.TRAYER LINDA J.TRAYER No.: 13-1038 Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P.3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". ��/ Adam H.Davis,Esq.,Id.No.203034 ///X Attorney for Plaintiff Date: ` IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#789974 ... Name and Phelan Hallinan,L.Lp Address Mt 7b171FK Souse a Of Sender One S1fiEe 1400 eY A 4 §g One Pepe Center Plaza Philal is,PA 19103 AZK/CE7•I Article Number Name of Add -:,. Strut and Peat Olflce Address 2/0412U33 SALE — ,_ Nam TENANT/OCCUPANT 390?TEtAYERLANE Posa_• W.- MECH 'ncSaL'RC PA 17090.0009 ` 58.45 y ,� - SAC'II M$LOANS SER VICINrk'LPYAM C�uay►Me Mac tams i #6` 1.1. PaClaytatlaed 9a?klq.L.P. a a1LVI MaS SEGO8S1403 38 43 V ■ CA 9303 • �:.T v N SAC ROM LOANS SERVICING,LPFIYIA •w 1Zi South snail._ bTr?eI,Suite 7aue kS'M1dt Home Lams Servicing*anti,C>f}MARL ESQUIRE SOA1 :'t' ` " i.' 1i]st9 • AR6TGAl)tU. T� 4i ILIS tReuel%at,Sottto2ase C,""O'y'id`He'°cL""r8awtet�,L.O.ro a rt�',�'S,LOANS cask,t rPnvA ,.:r .0 In P34191091031 . " tcEl.ucrASE,ESQUIRE , .' €"' . c G r c zxArBR 3631 NORTRFRtrivYSkP NAaR[SSVkt:PA 171I0 • 59.45 NNW LYNN PONOINC,MAIN TR iS f.()i1TIi MAIN STREET,Mit'IT 500 Illa. : 19681 • SILO LUNY PUNDINO.ILC Co MICHAE B,RATpIpORp,ESQUIRE �' EUN7NA.,�$.Q{}L111t4�1&AS OCi#1 Spc. , � 120 N KEYSER AVE SPAS * SCRANTON PA 11150,E Me1Z4 ;-tY Mil 13A1ataSletEt f849 • C000r04Nral�dreannarmia um P a!u 5'Penn sn • Ha,,,,4„, PA 1710i Lit RE+tao1 Sctrltt Adyawy .,, ® lQ LtDerty A9eque Room 704. MIPA 1521; • � us.l) nt of Agate 0 4k for tlrs Middle Mirk t of PA ro soils* .„,,,„..,,,„„,,„,„„ RE -ri) ,--i■•••■ 1 vW"-'1' 'if*,,PA 111C447S4 nil . TaA-N�w.a -- — Writ team 893?4tt02I Page I d I 1N . Tom N�berafPieaF .4$ r(aLwed by&ttdrrRec�rd)Nrcq Mix Patfarattr Por(Nuatyr . .... i 8 a mflnya) 1oelranra of nine hren -.on di Or+se+tkaed inrerrn y) sus"rwst asRc 4.'44 M04.4141:10"r"."46F4104 4100Met.4° 'K 11'ct _,awnaxr.Teske 1�ki7 Aurc . t for∎re srx 4$.11.a psobk Form 3871 Facsimile r*Eavwr. m"' � �n t.®t Td1'.7�� �t ' hamlet asov. r900 a913+W$421 fa k:r.0..,ur g;1 • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson , .LLI-Ur JCL S h e r i f f E ? OTHUHOTARY t, Ut combrf:�i Jody S Smith `" 20ill JAN 21 11: 35 Chief Deputy Richard W Stewart Solicitor OFFICE OF THE SHERIFF PJ'`�1p � TY EN N. S la;YL.VA?�1� Bank of America, N.A. Case Number vs. 2013-1038 Thomas N Trayer(et al.) SHERIFF'S RETURN OF SERVICE 09/27/2013 12:32 PM - Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 3902 Trayer Lane, Hampden Township, Mechanicsburg, PA 17050, Cumberland County. 09/30/2013 06:45 PM -Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Linda Trayer-Wife, who accepted as"Adult Person in Charge"for Thomas N Trayer at 3902 Trayer Ln., Hampden Twp., Mechanicsburg, PA 17050, Cumberland County. 09/30/2013 06:45 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Linda J. Trayer at 3902 Trayer Lane, Hampden Township, Mechanicsburg, PA 17050, Cumberland County. 12/04/2013 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, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at 10:00 AM. He sold the same for the sum of$211,000.00 to Attorney Kenneth D. Offidani, 804 Queen Annes Court, Lancaster, PA 17601 on behalf of Benchmarq Holdings, LLC, being the buyer in this execution, paid to the Sheriff the sum of$ 12/30/2013 Proposed Schedule Of Distribution Posted, all parties notified. SHERIFF COST: $1,152.66 SO ANSWERS, January 15, 2014 RONNK ANDERSON, SHERIFF i .00pot • a4 . a-ar P0/ -a. . ,_o 1.„."_--d- cjzA Sys 3oi / io Coun;ySuite Sheriff TeleCSOft Irc. On August 22, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered as, 3 902 Trayer Lane, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: August 22, 2013 By: Real Estate Coordinator • LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No.2013-1038 Civil.Term BANK OF AMERICA,N.A. vs. THOMAS N.TRAYER, Linda J.Trayer Atty.:Joseph Schalk By virtue of a Writ of Execution No. 13-1038, BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P.f/k/a COUNTRYWIDE HOME LOANS SERVICING,L.P.v.THOMAS N. TRAYER, LINDA J. TRAYER owner(s)of property situate in HAMP- DEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 3902 TRAYER LANE, MECHANICSBURG, PA 17050-5000. Parcel No. 10-18-1314-120. Improvements thereon:RESIDEN- TIAL DWELLING. Judgment Amount:$175,330.49. 126 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: October 11, October 18 and October 25, 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. U a Marie Coyne, E9itor SWORN TO AND SUBSCRIBED before me this 5 da of October, 2013 i� 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 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is 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. PUBLICATION COPY This ad ran on the date(s)shown below: 2013-1038 CNN Term BANK OF AMERICA,N.A. 10/13/13 vs. THOMAS N�Y� 10/20/13 Linda J.Thayer A Joseph Schalk _ 10/27/13 By virtue of a Writ of Execution No.13-1038 7/la BANK OF AMERICA,NA SUCCESSOR BY MERGER'ID BAC HOME LOANS • - • • • • • , • • • • . • . . . . . . . . . • • • - SERVICING,L.P.Fh((A COUNTRYWIDE HOME LOANS SERV TG,L.P v. ,; Sworn e • subscribed before met 11 day of November, 2013 A.D. THOMAS N.YRAYElt i INnAT.i'RAVER , nAner(s)of >i 1 I • TAO . A . r - - - A ! ,b - su.lic 3902 MYER LANE, MECHANICSBURG,PA 17050-5000 Panty No.10-18-1314-120 (Acreage or strew amass): DIVELING Improvements thereon: RESIDENTIAL COMMONWEALTH OF PENNSYLVANIA Judgment Amount; Q , "ally Ly �^::~fie'.N wry us 5h r t :,,, r»uphIn Co+rity My Commis on Ex Tres Dec.12,2016 MEMBER,PENNSYLVANIA Ag'lcOCTA-r:c N OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Benchmarq Holdings LLC is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the 9th day of August, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 1038, at the suit of Bank of America N.A. against Thomas N. Trayer and Linda J. Trayer is duly recorded as Instrument Number 201401508. IN TESTIMONY WHEREOF, I have hereunto set my hand ce and seal of said office this 07/' day of , A.D. 07 O/r 6 , 9. � 'ecorder of eeds Re.•rder of • umberland County,Care,PA My Commiss.n Expires the First Monday of n.2018