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HomeMy WebLinkAbout13-1039_ }T T,[ , ~. 'li;, fr f ., ' rr .. ,, !'~ R ~-~.~ 2J f ~ . r~<< <i .. i'"i PHELAN HALLINAN, LLP Meredith Wooters, Esq., Id. No.307207 16l 7 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-700(1 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COL7NTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff v. REBEKAH J. BROWN ANDREW :l. BROWN 14 EAST LOCUST STREET MECHANICSBURG, PA 17055-3838 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. 13' I o~3 ~ ~,~1L eiM CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 295474 ~1 n3 . ~~P~ /~~ ~~ iR2/7b~8~3 ~•~ (/ly 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 #: 295474 Plaintiff is BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: REBEKAH J. BROWN ANDREW J. BROWN 14 EAST LOCUST STREET MECHANICSBURG, PA 17055-3838 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/05/2008 REBEKAH J. BROWN and ANDREW J. BROWN made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS NOMINEE FOR COUNTRYWIDE BANK, FSB which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200830889. By Assignment of Mortgage recorded 06/27/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201117926.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 05/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified File #: 295474 by ~~ritten 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 $108,978.45 Interest $20,070.20 04/01 /2010 through O 1 /31 /2013 Late Charges $0.00 Title Costs $150.00 Escrow Deficit 6 250.49 TOTAL $135,449.1.4 7 9. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a 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. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. File #: 295474 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $135,449.14, 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 HALLINAN, LLP By: Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff File #: 295474 LEGAL DESCRIPTION ALL THAT CERTAIN lot or ground with the improvements thereon erected, situate in the Second Ward of the Borough of Mechanicsburg, County of Cumberland, and State of Pennsylvania, bounded and described in accordance with a survey thereof, made by Gerrit J. Betz, Registered Surveyor, dated March 3, 1976, as follows, to wit: BEGINNING at a point on the Southern side of East Locust Street, said point being located 150 feet East of the Eastern curb line of Market Street; thence in an Easterly direction along the Southern side of East Locust Street, North 86 degrees East, a distance of 22.70 feet to a point; thence along the Western side of Brandt Alley, South 06 degrees 25 minutes 1 l seconds East, a distance of 54.05 feet to a point, thence along property now or late of the Reformed Baptist Church of Mechanicsburg, South 86 degrees West, a distance of 25.00 feet to a point; thence along property now or late of Raymond L. Hopple, North 04 degrees West, a distance of 54.00 feet to a point, the point and place of BEGINNING. HAVING THEREON ERECTED a 2 1/1 story frame dwelling, being known and numbered as 14 East Locust Street, Mechanicsburg, Pennsylvania. PROPERTY ADDRESS: 14 EAST LOCUST STREET, MECHANICSBURG, PA 17055- 3838 PARCEL # 17-23-0565-041. File #: 295474 VERIFICATION • ~~, hereby states that he she is ~s,-"S~'c~n'~ ~~CC ~(iS7dl~ofBANK OF AMERICA. N.A., Plaintiff in this matter, that he/ he s authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his er formation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~• 3 l3 N ~ c~olace ~ - ~1~n DATE: ~ `' Title: ~ISS`~ S'~t,~l'~' V ~ C~ ~~`4S ~ ~ fl~ BANK OF AMERICA, N.A. File#: 295474 Name: BROWN File #: ?95474 ra.I`. C:1". 2~ ~.:j BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff(s) VS. REBEKAH J. BROWN ANDREW J. BROWN Defendant(s) FORM 1 Updated 01/01/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ,, {~ ,.. .-.., K_,~ __, ~ ~::~ ~ . ' ~ ~. ;,' N ~ ~» m ~3- X03 9 ~- r _. -~ Civil T ~. 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 fmancial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a fmancial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested fmancial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a fmancial 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: a ~a Date 'V~a~ Meredith Wooters, Esq., Id. No.307207 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? Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Date You Closed Your Loan: Loan Number,: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: State: Zip: Yes ^ No ^ Listing date: Price: $ Realtor Phone: _ Yes ^ No ^ Home: Cell: Office: Other: State: Zip: How long? State: Zip: Home:_ Office: Cell: Other: How long? 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: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles boats motorcyclesZ Model: Year: Amount owed: Value Monthly Income Name of Employers: Year: Year: ~ • Monthly Gross Monthly Net. 2. Monthly Gross Monthly Net 3• Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2nd 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: Phone (Office): Fax: Counselor: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ^ No ^ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ^ No ^ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: Phone: I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named ., Borrower Signature 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) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F11 L E 0 Sheriff i HF PRO TF�6 i T �p+�tl+�tr at+�UCfl��rr� tar Jody S Smith ry 20I3 MAR 28 AM 10: S3 Chief Deputy Richard W Stewart CUMBERLAND GOLINTY Solicitor OFf ICE QF THE SHERIFF PENN'SYLVAN 1 A Bank of America, N.A. Successor by Merger to BAC Home Loans Servicing, Case Number vs. Rebekah J Brown (et al.) 2013-1039 SHERIFF'S RETURN OF SERVICE 03/26/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Rebekah J Brown, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found"at 14 E. Locust St., Mechanicsburg Boro, Mechanicsburg, PA 17055. Residence is vacant the Mechanicsburg Postmaster has provided a forwarding address of 3997 Rauch Street, Harrisburg, PA 17109. 03/26/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Andrew J Brown, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found"at 14 E. Locust St., Mechanicsburg Boro, Mechanicsburg, PA 17055. Residence is vacant the Mechanicsburg Postmaster has provided a forwarding address of 3997 Rauch Street, Harrisburg, PA 17109. SHERIFF COST: $54.00 SO ANSWERS, March 26, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite ShenH,Teleosoft,Inc. OF THE F1' ED-OFFJC� PRO TfiONO TAfir PHELAN HALLINAN,LLP 2913 APR 9 AM to.- 16 Jonathan Lobb,Esq.,Id.No.312174 cum 1617 JFK Boulevard,Suite 1400 RLANO COUNTy One Penn Center Plaza PfEIVIOSYLVANIA Philadelphia,PA 19103 215-563-7000 COURT OF COMMON PLEAS BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS CIVIL,DIVISION SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP CUMBERLAND COUNTY Plaintiff vs. REBEKAH J.BROWN No. 13-1039 ANDREW J.BROWN Defendants PRAECIEPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN LLP By: JopdX-an Lobb,Esq., Id. No.312174 AWomey for Plaintiff Date: /vla, Svc Dept. File#295474 a SHERIFF'S OFFICE OF CUMBERLAND AND COK UNTY H Ronny RAnderson Sheriff Hr� DAr" FROTHONOT~AY � JmdyS Smith �8�� N�� ��� �M �� �� Chief Deputy �"'^ �^ " �� �" ~°� °~ B��`� Richard VVStewart -����^ C COUNTY Solicitor *, PENNSYLVANIA Bank ofAmohoa N.A. uocemonrbyK8ergerhoBACHomeLoanaSon��nQ ' � ' Case Number "s. | 2O13'l030 Rebekah J Brown (et ai) | SHERIFF'S RETURN OF SERVICE 04/09/213 Sheriff being sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Rebekah J Brown, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according tolaw. 04/0E/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant howit:Andrew 8rown, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according tolaw. 04/17/2013 09:05 AM-The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Dauphin County upon Rebekah Brown,who accepted for Andrew J Brown, at 3997 Rauch Street, Harrisburg, PA 17109. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 04/17/2013 U0:O5AM'The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Dauphin County upon Rebekah J Brovvn, personally, at 3997 Rauch Street, Harrisburg, PA 17109. Jack-Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $53.46 SO ANSWERS, April 22.2D13 RONNYR ANDERSON, SHERIFF (C)CluntySuw Sheriff,Teleosaft,m= ��m� aai •v 4 Shelley Ruhl Jack Duignan Real Estate Deputy Chief Deputy Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania BANK.OF AMERICA,N.A. AS S/B/M TO BAC HOME LOANS SERVICING,LP VS County of Dauphin ANDREW J. BROWN Sheriff's Return No. 2013-T-1236 OTHER COUNTY NO. 2013-1039 And now: APRIL 17, 2013 at 9:05:00 AM served the within REINSTATED COMPLAINT IN MORTGAGE FORECLOSURE upon REBEKAH J. BROWN by personally handing to REBEKAH J. BROWN 1 true attested copy of the original REINSTATED COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 3997 RAUCH STREET HARRISBURG PA 17109 Sworn and subscribed to So Answers,i��. before me this 18TH day of April, 2013 Sheriff of D in Cou By r COMMONWEALTH OF PENNSYLVANIA Deputy Sheriff NOTARIAL SEAL Deputy: W CONWAY Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin county Sheriffs Costs: $66.5 4/16/2013 [My Commission Expires August 17,2014 of ' ` . Shelley Ruhl Jack Duignan Real Estafe Deputy Chief Deputy Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania BANK OF AMERICA,N.A. AS S/BIM TO BAC HOME LOANS SERVICING, LP VS County of Dauphin ANDREW J. BROWN Sheriff s Return No. 2013-T-1236 OTHER COUNTY NO. 2013-1039 And now: APRIL 17, 2013 at 9:05:00 AM served the within REINSTATED COMPLAINT IN MORTGAGE FORECLOSURE upon ANDREW J. BROWN by personally handing to REBEKAH BROWN 1 true attested copy of the original REINSTATED COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 3997 RAUCH STREET HARRISBURG PA 17109 WIFE OF DEFENDANT AND ADULT PERSON IN CHARGE AT TIME OF SERVICE. Sworn and subscribed to So Answers, before me this 18TH day of April, 2013 Sheriff of C B y COMMONWEALTH OF PENNSYLVANIA Deputy Sheriff NOTARIAL SEAL Deputy: W CONWAY Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $66.5 4/16/2013 My Commission Expires August 17,2014 'i 1 LET-OFF IC;: C TF PROTHONOTAR PHELAN HALLINAN., LLP� �J k�� ©; Q Attorney.for Plaintiff Jonathan Lobb, Esq., Id. NoA910 1617 JFK Boulevard, Suite &MERLAND CUNTY One Penn Center Plaza PENNSYLV"'A Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A.,AS CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING,LP CIVIL DIVISION VS. No. 13-1039 REBEKAH J. BROWN ANDREW J. BROWN 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 REBEKAH J. BROWN and ANDREW J. BROWN, Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof-and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $135,449.14 TOTAL $135,449.14 I hereby certify that (1) the Defendants' last known addresses are 14 EAST LOCUST STREET, MECHANICSBURG, PA 17055-3838 and 3997 RAUCH STREET, HARRISBURG, PA 1.7109, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 7 than Lobb, Esq., Id. No.3121.74 Attor for Plaintiff,,,",, DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: I(3 PHS n 295474 PROTHONOTARY 295474 1�Q •� a ��a9aa� PHELAN HALLINAN, LLP Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.3121.74 1.617 JFK Boulevard, Suite 1.400 One Penn Center Plaza Philadelphia, PA 191.03 215-563-7000 BANK OF AMERICA, N.A.,AS CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COURT OF COMMON PLEAS . COUNTRYWIDE HOME LOANS SERVICING,LP CIVIL DIVISION VS. No. 13-1039 REBEKAH J. BROWN ANDREW J. BROWN 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 defendants 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 1.940, as amended. (b) that defendant REBEKAH J. BROWN is over 18 years of age and last known addresses are 1.4 EAST LOCUST STREET,MMECHANICSBURG, PA.17055-3838 and.3997 RAUCH STREET, HARRISBURG,PA 17109. (c) that defendant ANDREW J.BROWN is over 18 years of age and last known addresses are 14 EAST LOCUST STREET, MECHANICSBURG, PA 17055-3838 and 3997 RAUCH STREET, HARRISBURG, PA 17109. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date ou LJ___ P lan Hallinan,LLP Jonathan Lobb, Esq.,'Id.No.3121.74 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 21.5-563-7000 295474 Department of Defense Manpower Data Center Results as of:Jun-24-20,3,2:,3:54 SCRA 3.0 Status Repott Pursuant to Servicemombers Civil Relief Act. Last Name: BROWN First Name: REBEKAH Middle Name: J Active Duty Status As Of: Jun-24-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA - NA - No.. -NA This response refle5s.the individuals"actiye'dury status based on-1he.AClive�Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA 'NA -'No' NA This response reflects Where the individual left active duty status within 367 days preceding the Active Duty Status Date t The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA -. ..... = No NA This response reflects whether the individual ochislher unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,-based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Y6 4 Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 ` Department of Defense Manpower Data Center Results as of:Jun-24-2013 12:13:55 SCRA 3.0 status Report u.. ` 'r A'f➢ Pun a.nt to Scrviceincmbcrs Civil Relief Act Last Name: BROWN First Name: ANDREW. Middle Name: J Active Duty Status As Of: Jun-24-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - - No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duly Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA - .. - No NA This response reflects whether the individual or his/herunit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. 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., AS CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS .SERVICING,LP CIVIL DIVISION VS. , No. 13-1039 REBEKAH J.BROWN ANDREW J. BROWN Notice is given hat a Judgment in the above captioned matter has been entered against you on 5 By ., If you have any questions concerning this matter please contact:., Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL-BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." 295474 BANK OF AMERICA,N.A.,AS SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP NO. 13-1039 Plaintiff V. CUMBERLAND COUNTY REBEKAH J.BROWN ANDREW J.BROWN Defendant(s) TO: REBEKAH J.BROWN .14 EAST LOCUST STREET MECHANICSBURG,PA 17055-3838 DATE OF NOTICE: EJ 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 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: Jo t1ey han Lobb,Esq.,Id.No.312174 A for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,.PA 19103 PHS#295474 BANK OF AMERICA,N.A.,AS SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP NO. 13-1039 Plaintiff V. CUMBERLAND COUNTY REBEKAH J.BROWN ANDREW J.BROWN Defendant(s) TO: REBEKAH J.BROWN 3997 RAUCH STREET HARRISBURG,PA 17109 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN,AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE.AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE- FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: Joelorney an o6b,Esq.,Id.No.312174 A for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#295474 BANK OF AMERICA,N.A.,AS SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP NO. 13-1039 Plaintiff V. CUMBERLAND COUNTY REBEKAH J.BROWN ANDREW J.BROWN Defendant(s) TO: ANDREW J.BROWN 14 EAST LOCUST STREET MECHANICSBURG,PA 17055-3838 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT-ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE 'YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE.A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: JoE lan l-ob y,Esq.,Id.No.312174 Anoi•ncy for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#295474 BANK OF AMERICA,N.A.,AS SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP NO. 13-1039 Plaintiff V. CUMBERLAND COUNTY REBEKAH J.BROWN ANDREW J.BROWN Defendant(s) TO: ANDREW J.BROWN 3997 RAUCH STREET HARRISBURG,PA 17109 j DATE OF NOTICE: r— -- 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 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: --- Tttorhney an Lobb.Esq.,Id.No.312174 for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#295474 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC COURT OF COMMON PLEAS HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP CIVIL DIVISION Plaintiff NO.: 13-1039 V. REBEKAH J.BROWN CUMBERLAND COUNTY ANDREW J.BROWN Defendant(s) To the Prothonotary: Issue writ of execution in the above matter:, Amount Due $135,449.14 Interest from 06/26/2013 to Date of Sale* $3,607.74 ($22.27 per diem) TOTAL $139,056.88 Phelan Hallinan,LLP Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff Note: Please attach description of property. PH#789250 CIS C- * 'Tw Jq. Do (nr— _-p i:,, .<):> CD C-) =M =4:D > :z 7S�� .O1� /��iC�4�' � 1$ 9 0. 2,9 6 r/6 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP FIK/A COUNTRYWIDE HOME LOANS SERVICING,LP Plaintiff V. F REBEKAH J.BROWN j ANDREW J.BROWN Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: Address where papers may be served: REBEKAH J.BROWN Phelan Hallinan,LLP 3997 RAUCH STREET Meredith Wooters,Esq.,Id.No.307207 HARRISBURG,PA 17109 Attorney for Plaintiff ANDREW J.BROWN 3997 RAUCH STREET HARRISBURG,PA 17109 LEGAL DESCRIPTION ALL THAT CERTAIN lot or ground with the improvements thereon erected,situate in the Second Ward of the Borough of Mechanicsburg,County of Cumberland,and State of Pennsylvania,bounded and described in accordance with a survey thereof,made by Gerrit J.Betz,Registered Surveyor,dated March 3, 1976,as follows,to wit: BEGINNING at a point on the Southern side of East Locust Street,said point being located 150 feet East of the Eastern curb line of Market Street;thence in an Easterly direction along the Southern side of East Locust Street,North 86 degrees East,a distance of 22.70 feet to a point;thence along the Western side of Brandt Alley,South 06 degrees 25 minutes 11. seconds East,a distance of 54.05 feet to a point,thence along property now or late of the Reformed Baptist Church of Mechanicsburg, South 86 degrees West,a distance of 25.00 feet to a point;thence along property now or late of Raymond L.Hopple,North 04 degrees West,a distance of 54.00 feet to a point,the point and place of BEGINNING. . HAVING THEREON ERECTED a 21/1 story frame dwelling,being known and numbered as 14 East Locust Street,Mechanicsburg,Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Andrew J. Brown and Rebekah J.Brown,h/w,by Deed from Tara A.Ziegler,nka,Tara A. Wildmann and Mark V. Wildmann,w/h, dated 06/02/2005,recorded 06/07/2005 in Book 269,Page 1257. PREMISES BEING: 14 EAST LOCUST STREET,MECHANICSBURG,PA 17055-3838 PARCEL NO.17-23-0565-041. PHELAN HALLINAN, LLP 'Ji- L Attorneys for Plaintiff I L Meredith Wooters,Esq., Id. No.307207 - P R 0 T1' 0 Tliil I,, 1617 JFK Boulevard, Suite 1400 7013 JUL 15 A[If One Penn Center Plaza Philadelphia, PA 19103 CUl"IBERLAND Coulwi-Y Meredith.Wooters@phelanhallinan.com PENNSYLVANIA' 215-563-7000 BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO COURT OF COMMON PLEAS BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP CIVIL DIVISION Plaintiff NO.: 13-1039 V. REBEKAH J.BROWN CUMBERLAND COUNTY ANDREW J.BROWN Defendant(s) CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage the premises is non-owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Phelan Hallinan,LLP Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff BANK OF AMERICA,N.A.,AS SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP CIVIL DIVISION Plaintiff NO.: 13-1039 V. REBEKAH J.BROWN CUMBERLAND COUNTY ANDREW J. BROWN Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 1.4 EAST LOCUST STREET,MECHANICSBURG,PA 17055-3838. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) REBEKAH J.BROWN 3997 RAUCH STREET HARRISBURG,PA 17109 c �r ANDREW J.BROWN 3997 RAUCH STREET ` HARRISBURG,PA 17109 %? r ;c:; 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably Z G mss ,- ascertained,please so indicate) REBEKAH J.BROWN 3997 RAUCH STREET HARRISBURG,PA 17109 ANDREW J.BROWN 3997 RAUCH STREET, HARRISBURG,PA 17109 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. PH#789250 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 14 EAST LOCUST STREET MECHANICSBURG,PA 17055-3838 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 10*00 LIBERTY AVENUE ROOM 704, PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statementsherein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: L3 By: PheI n Hallinan,LLP Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#789250 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER COURT.OF COMMON.PLEAS TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP CIVIL DIVISION Plaintiff NO.: 13-1039 VS. CUMBERLAND COUNTY`=�, REBEKAH J.BROWN. ANDREW J. BROWN Defendant(s) sG� NOTICE OF SHERIFF'S SALE OF REAL PROPERTY - _O ea °,t''� TO: REBEKAH J. BROWN ANDREW J. BROWN < '� 3997 RAUCH STREET HARRISBURG, PA 17109 "THIS FIRM LS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WELL 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 14 EAST LOCUST STREET,MECHANICSBURG,PA 17055-3838 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$135,449.14 obtained by BANK OF AMERICA,N.A'.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges,.costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. 4f 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 able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house: A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-1039 BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP V. REBEKAH J. BROWN ANDREW J. BROWN owner(s) of property situate in the MECHANICSBURG BOROUGH,2ND, CUMBERLAND County, Pennsylvania, being 14 EAST LOCUST STREET,MECHANICSBURG PA 17055-3838 Parcel No. 17-23-0565-041. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $135,449.14 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot or ground with the improvements thereon erected,situate in the Second Ward of the Borough of Mechanicsburg,County of Cumberland,and State of Pennsylvania,bounded and described in accordance with a survey thereof,made by Gerrit J.Betz,Registered Surveyor,dated March 3, 1976,as follows,to wit: BEGINNING at a point on the Southern side of East Locust Street,said point being located 150 feet East of the Eastern curb line of Market Street;thence in an Easterly direction along the Southern side of East Locust Street,North 86 degrees East,a distance of 22.70 feet to a point;thence along the Western side of Brandt Alley,South 06 degrees 25 minutes 11 seconds East,a distance of 54.05 feet to a point,thence along property now or late of the Reformed Baptist Church of Mechanicsburg, South 86 degrees West,a distance of 25.00 feet to a point;thence along property now or late of Raymond L.Hopple,North 04 degrees West,a distance of 54.00 feet to,a point,the point and place of BEGINNING. HAVING THEREON ERECTED a 21/1 story frame dwelling,being known and numbered as 14 East Locust Street,Mechanicsburg,Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Andrew J. Brown and Rebekah J.Brown, h/w,by Deed from Tara A. Ziegler,nka,Tara A.Wildmann and Mark V. Wildmann,w/h,dated 06/02/2005,recorded 06/07/2005 in Book 269,Page 1257. PREMISES BEING: 14 EAST LOCUST STREET,MECHANICSBURG,PA 17055-3838 PARCEL NO. 17-23-0565-041. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-1039 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 REBEKAH J.BROWN,ANDREW J.BROWN (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: $135,449.1.4 L.L.: $.50 Interest FROM 6/26/2013 TO DATE OF SALE($22.27 PER DIEM)-$3,607.74 Atty's Comm: Due Prothy: $2.25 Atty Paid: $267.96 Other Costs: Plaintiff Paid: Date: 7/15/13 Da�viluag, roth otary (Seal) By: �r Deputy REQUESTING PARTY: Name: MEREDITH WOOTERS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-5630-7000 Supreme Court ID No. 307207 c-' Phelan Hallinan, LLP ~'r`' Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAI EatU,F I 1617 JFK Boulevard, Suite 1400 < One Penn Center Plaza -�� Philadelphia, PA 19103 6 CD•� jonathan.etkowicz @phelanhallinan.com .d r -u 215-563-7000 °° BANK OF AMERICA, N.A., AS SUCCESSOR • Court of Common Pleas • BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME : Civil Division LOANS SERVICING, LP Plaintiff • CUMBERLAND County v. • No.: 13-1039 REBEKAH J. BROWN ANDREW J. BROWN Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on February 25, 2013. 2. Judgment was entered on June 25, 2013 in the amount of$135,449.14. 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. 789250 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 $108,978.45 Interest Through December 4, 2013 $26,563.50 Legal fees $1,300.00 Cost of Suit and Title $1,191.96 Property Inspections $30.00 Property Preservation $476.00 Mortgage Insurance Premium/Private Mortgage Insurance $1,619.75 Escrow Deficit $7,346.80 TOTAL $147,506.46 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 23, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 789250 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP 'n % DATE: I v z/3 By: Ail/10 Jon."rn M. Etkowicz, Esquire ATTORNEY FOR PLAINTIFF 789250 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR • Court of Common Pleas • BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME : Civil Division LOANS SERVICING, LP Plaintiff • CUMBERLAND County v. • No.: 13-1039 REBEKAH J. BROWN ANDREW J. BROWN Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE REBEKAH J. BROWN and ANDREW J. BROWN 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 14 EAST LOCUST STREET, MECHANICSBURG, PA 17055-3838. 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 789250 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 789250 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 789250 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. 789250 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 789250 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 789250 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. 789250 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 Plaintiffs Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: 10 if24B By: / I i Jo iii'' an . Etkowicz, Esquire At orney for Plaintiff 789250 Exhibit "A" 789250 PHELAN HALLINAN, LLP Attorney for Plaintiff Jonathan Lobb,Esq.,Id. No.312174 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza. _ - Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA,N.A.,AS : CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A : COURT OF COMMON PLEA z COUNTRYWIDE HOME LOANS SERVICING,LP : CIVIL DIVISION -vim x-r, vs. AA/� z� -o tiOrne •• No.13-1039 z,.,r' ru o° P �♦''G' `'o -0> 01 =° REBEKAH J.BROWN �ea`Se Rem <o o-n ANDREW J.BROWN z c o a r.-, -4 © 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 REBEKAH J.BROWN and ANDREW J.BROWN, Defend for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and f�f' s } ale of the mortgaged premises,and assess Plaintiff's damages as follows: Please netzim As set forth in Complaint $135,449.14 TOTAL $135,449.14 I hereby certify that(1)the Defendants'last known addresses are 14 EAST LOCUST STREET,MECHANICSBURG, PA 17055-3838 and 3997 RAUCH STREET,HARRISBURG, PA 17109, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Attatioy #4/4 Date r Rem xr`r, than Lobb,Esq.,Id. No.312174 Atto ey for lainti DAMAGES ARE HEREBY ASSESSED AS INDICATED. !,X44-0fi DATE: to'11sJ/3 .>. PHS a 295474 PROTHONOTARY 295474 Exhibit "B" 789250 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 23`d, 2013 REBEKAH J.BROWN ANDREW J. BROWN 14 EAST LOCUST STREET MECHANICSBURG, PA 17055-3838 RE: BANK OF AMERICA,N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP v. REBEKAH J. BROWN and ANDREW J. BROWN Premises Address: 14 EAST LOCUST STREET MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 13-1039 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 9/28/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. ery t ul us, Jon a an tkowicz,Esq., Id.No.208786 t r mcy for Plaintiff Enclosure 789250 , i III Name and Phelan Haltittan,LLP 4 0 Address MO 1817 JFK Boulevard,Suite 1400 tll:.:.,‘ N M Of Sender One Penn Center Plaza ate. Philadelphia,PA 19103 KVM R to Line Article Number Name of Addressee,Street,and Post O`fice Address Postage 00 1 44 1 *••• REBEKAH J.BROWN 50.45 2 ANDREW J.BROWN r °i "�' 14 EAST LOCUST STREET ..4,111,,art. , MECHANICSBURG,PA 17055-3838 2 ***• REBEKAH J.BROWN 30.45 �} l ' ANDREW J.BROWN Y ,� . i 3997 RAUCH STREET HARRISBURG,PA 17109 •x RE:REBEKAH 3.BROWN(CUMBERLAND) PH#78925011200 Page 1 of 1 $1.35 7. ' s 1• Told Number of Teal Number of Piemess 1 PoacaraEe,Per Mime of 3 The tltl l deelantion of value it required on all domestic ad mtenmreeel regiaered mill.7 be m 0 Pieces lined by Sender Received et Pee Mice Receiving Employee) far the recanetruetron of eannerx,abk dnemeenm under a mpresa Mad documem ear mntnmiien t 1 two inked tp a Wen of$sM.n<r pt+csaxreaee.The ma,inz,m rn a iIy payable to Ee cca V 4 7 1 The muimem mdeee payable a S2S,900 for repnurcd mull,seat ac lb apparel,rtunaace Sr 5900 3913and 5921 for l,mnapons of wvaage, vii Form 3877 Facsimile . ` . zJ .i i' 789250 1s I Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR • Court of Common Pleas • BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME : Civil Division LOANS SERVICING, LP Plaintiff • CUMBERLAND County • v. • No.: 13-1039 • REBEKAH J. BROWN ANDREW J. BROWN 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. REBEKAH J. BROWN REBEKAH J. BROWN ANDREW J. BROWN ANDREW J. BROWN 14 EAST LOCUST STREET 3997 RAUCH STREET MECHANICSBURG, PA 17055-3838 HARRISBURG, PA 17109 Phelan Hallinan, LLP DATE: k.,0/211,...; By: AIN a an . Etkowicz, Esquire ORNEY FOR PLAINTIFF 789250 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE PH#789250 HOME LOANS SERVICING,LP DEFENDANT SERVICE TEAM/lxh r t REBEKAH J.BROWN COURT NO.: 13-1039 w ANDREW J.BROWN m { CO CD ri- SERVE ANDREW J.BROWN AT: TYPE OF ACTION --S ' 3997 RAUCH STREET XX Notice of Sheriff's Sale (1) ! CSI HARRISBURG,PA 17109 SALE DATE: December 4,2013 74 SERVED Served and made known to ANDREW J.BROWN,Defendant on the 14 day of Seer.ww6t�20 13,at' 3:5l ,o'clock f..M.,at u{,);re ,in the manner described below: < Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Ir1. Description: Age 5s- Height 5 5 ` Weight 1st .)- Race CO Sex %'i'1 Other I,Gj„6411, y {4 Jbel , 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: 911%4111) NAME: PRINTED NAME: C//d n✓� . - L�✓�{' TITLE: l p,1s-ls,b)C NOT SERVED On the day of 20_,at o'clock_.M.,I, ,a competent adult hereby state thaTendyant NOT FOUND because : Vacant _Does Not Exist _Moved Does Not Reside(Not Vacant) No Answer on at • at _ 4 Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE PH#789250 HOME LOANS SERVICING,LP DEFENDANT SERVICE TEAM/lxh REBEKAH J.BROWN COURT NO.: 13-1039 ANDREW J.BROWN SERVE REBEKAH J.BROWN AT: TYPE OF ACTION 3997 RAUCH STREET XX Notice of Sheriff's Sale HARRISBURG,PA 17109 SALE DATE: December 4,2013 SERVED ek Served and made known to REBEKAH J.BROWN,Defendant on the lq day of c pie the ,20 t 3,a 3 6-v,o'clock E.M.,at .f.N.e a(20 ,2 ,in the manner described below: y, c;, )G Defendant personally served. m r Adult family member with whom Defendant(s)reside(s). '1 t,..,.ri Relationship is 1 1 t ? Adult in charge of Defendant's residence who refused to give name or relationship. -< CD Manager/Clerk of place of lodging in which Defendant(s)reside(s). <a) Agent or person in charge of Defendant's office or usual place of business. > c? - an officer of said Defendant's company. C 2 _Other: a Description: Age 3S- Height 3" S -W eight 1 by- Race w Sex P Other m` I,(awsi-CU eno:ss 4oloe, ,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: 1 114113 NAME: b. PRINTED NAME: be-rot', (. 1,14.119-e7 TITLE: act L it NOT SERVED On the day of 20 ,at o'clock_.M.,I, ,a competent adult hereby state tha Pendant NOT FOUND because : Vacant _Does Not Exist Moved _Does Not Reside(Not Vacant) _No Answer on at ,• at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE PH#789250 HOME LOANS SERVICING,LP DEFENDANT SERVICE TEAM/Ixh p ® ill-- REBEKAH J.BROWN COURT NO.: 13-1039 r --t T t- ANDREW J.BROWN C_' r— 1 , co SERVE REBEKAH J.BROWN AT: TYPE OF ACTION 3997 RAUCH STREET XX Notice of Sheriff's Sale , HARRISBURG,PA 17109 SALE DATE: December 4,2013!D j-, SERVED - Served and made known to REBEKAH J. BROWN,Defendant on the !y day of SPpkrN1rf ,20 13 ,at 3`9 ,o'clock R. M.,at },1nz, atio.i , in the manner described below: K.Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: , Description: Age % Height C � Weight U00 Race IN Sex P Other C•11 .', 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: q 119 113 NAME: PRINTED NAME: C, 141-4 r- TITLE: NOT SERVED On the day of ,20 , at o'clock .M.,I, ,a competent adult hereby state that De endant NOT FOUND because: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on at ; at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 • AFFIDAVIT OF'SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE PH#789250 HOME LOANS SERVICING,LP DEFENDANT SERVICE TEAM/Ixh REBEKAH J.BROWN COURT NO.: 13-1039 ANDREW J.BROWN C.A.3 - rri C) SERVE ANDREW J.BROWN AT: TYPE OF ACTION r "s r: 3997 RAUCH STREET XX Notice of Sheriff's Sale cctt��r- l � HARRISBURG,PA 17109 SALE DATE: December 4,2013{> o: SERVED o Served and made known to ANDREW J.BROWN,Defendant on the I LI day of Gefie vier ,2011p,g 3. Sa,o'clock e_.M.,at }Ine q , -' ,in the manner described below: X Defendant personally served. _Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: I t t' Description: Age 35 - Height S�q — Weight I'6O— Race W Sex VV's Other I,Cn4 bL-benh,; N-.A,er , 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: Ily I I'3 NAME: PRINTED NAME: I�h in,n j4,,e—f TITLE: Co e) 4-it NOT SERVED On the day of ,20_, at o'clock_. M.,I, ,a competent adult hereby state that Defendyant NOT FOUND because: Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at ; at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 BANK OF AMERICA, N.A. • IN THE COURT OF COMMON PLEAS OF As successor by Merger • CUMBERLAND COUNTY, PENNSYLVANIA To BAC HOME LOANS SERVICING LP • F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP • PLAINTIFF • o rT, rr -4 V. _.<> co• r- ,C REBEKAH J. BROWN • = ANDREW J. BROWN • C'- N. • DEFENDANTS • NO. 13-1039 CIVIL . ' ' ORDER OF COURT AND NOW, this 8th day of October, 2013, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before October 29, 2013; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, \\* A M. L. Ebert, Jr., / J. Jonathan M. Etkowicz, Esquire Attorney for Plaintiff Re ./ bekah J. Brown Andrew J. Brown Defendants �2ari t bas !Wt.? LL) w .. 2013 OCT 17 Ali 10: 36 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR • Court of Common Pleas • BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME : Civil Division LOANS SERVICING, LP Plaintiff : CUMBERLAND County vs. • No.: 13-1039 • REBEKAH J. BROWN ANDREW J. BROWN Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 8, 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. REBEKAH J. BROWN REBEKAH J. BROWN ANDREW J. BROWN ANDREW J. BROWN 14 EAST LOCUST STREET 3997 RAUCH STREET MECHANICSBURG, PA 17055-3838 HARRISBURG, PA 17109 PhjIII alli . , LLP DATE: L0/(b (l3 By: , Jon M. tkowicz, Esq., Id. No.208786 Atte ey for Plaintiff 789250 f 'jj ltUil'O JiA . . 7:!3 NOV -8 AM 18: 09 !-LIMBERLAND COUNT'' PENNSYLVANIA Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR • Court of Common Pleas • BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME : Civil Division LOANS SERVICING, LP Plaintiff • CUMBERLAND County • vs. • No.: 13-1039 REBEKAH J. BROWN ANDREW J. BROWN Defendants MOTION TO MAKE RULE ABSOLUTE BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 3, 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 23, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the 789250 A . Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued on October 8, 2013 directing the Defendants to show cause by October 29, 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 16, 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 29, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Phel. .allin. . LLP DATE: \ \ 1 B y: __ - - Jon M. • kowicz,Esq., Id.No.208786 Atto�I---y for Plaintiff 789250 • Exhibit "A" 789250 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 23rd, 2013 REBEKAH J. BROWN ANDREW J. BROWN 14 EAST LOCUST STREET MECHANICSBURG, PA 17055-3838 RE: BANK OF AMERICA,N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP v. REBEKAH J. BROWN and ANDREW J. BROWN Premises Address: 14 EAST LOCUST STREET MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 13-1039 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 9/28/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. ery 1 I. trs,g 1 'o la,e tkowicz,Esq., Id.No.208786 t t ,rney for Plaintiff Enclosure 789250 :, Name and Phelan Hailizten,LLP IIII e�i.'"'Address 1617 JFK Boulevard,Suite 1400 C`4 Of Sender One Penn Center Plaza 101 8 al Philadelphia,PA 19103 KVM Line -Article Number 'Name of Addressee,Street,and Post&Dee Address Postage A 1 ****' REBEIHJ.BROWN 30.45 e ANDREW J.BROWN cnc, 14 EAST LOCUST s 4 MBCHANICSBURGtPA 17055-3838 ti O a 2 **** REBEKAH J.BROWN 30.45 , 1t ANDREW J.BROWN ` . 3997RAUCH STREET r- �r�v HARRISBURG.PA 17109 . 71''rtai RE:REBEKAH 3.BROWN(CUMBERLAND) PH#78925011200 Page 1 of 1 51.35 Total Amiga.of Total Mather ofPixss Powwow.Pm MOW of 1* fl dedruioe of value itriquind••all do-m.1,lad vvem.um.l!Avowed mail The m ...� Pieax I:iu.tedi>Y Sa Rexived II PDX!rfako Raavios Emp o!ee) for eke reaitsavoiast of sermegotiabie docarnenta ao.r Eapreu t l al d«„romtmoot-nxban _Y:, prece.ubleri fon tank of MONO per ammo,.The mixiaum iadc.,,.ny payable on L,p.ra ' ' Ti,..maala,,,a oeamirgy*yobk IS S13,000 tot aanierod ma,sat Grub one,anal Imo,o,, S R9la salt.ed 59?I tot Gadagions ofwvasde. cm*Its) .. . Form 3877 Facsimile =1 ' F l':',:'... 789250 Exhibit "B" 789250 BANK OF AMERICA, N.A. : IN THE COURT OF COMMON PLEAS OF As successor by Merger : CUMBERLAND COUNTY, PENNSYLVANIA To BAG HOME LOANS SERVICING LP : F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP PLAINTIFF ) nn111 r`� zc� + �2� ' on' o CO <cz ��, >r� REBEK/\H J. BROWN ANDREW j. ���V�� � ��c N.)F� ��. DEFENDANTS : NO. 13-1039 CIVIL ORDER OF COURT AND NOW, this 8th day of October, 2013, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before October 29, 2013; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, � ~ � v ^ � M. L. Ebert, Jr., J. ��y ~ Jonathan M. Etkowicz, Esquire Attorney for Plaintiff Rebekah J. Brown Andrew J. Brown Defendants bas • • Exhibit "C" 2013 OCT 17 AM EO: 37 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Jonathan M. Etkowicz,Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Wm' IVO Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A., AS SUCCESSOR Court of Common Pleas BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME Civil Division LOANS SERVICING, LP Plaintiff CUMBERLAND County vs. . MOO No.: 13-1039 REBEKAH J. BROWN • ANDREW J. BROWN Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 8, 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. REBEKAH J. BROWN REBEKAH J.BROWN ANDREW J. BROWN ANDREW J. BROWN 14 EAST LOCUST STREET 3997 RAUCH STREET MECHANICSBURG,PA 17055-3838 HARRISBURG,PA 17109 Phelr. alli = :,LLP DATE: 0/Lb By: Aar 4 Jz�ra3 R 11 M. Akowicz,Esq., Id.No.208786 Att* ey for Plaintiff 789250 • Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR • Court of Common Pleas BY MERGER TO BAC HOME LOANS • SERVICING, LP F/K/A COUNTRYWIDE HOME • Civil Division LOANS SERVICING, LP • Plaintiff • CUMBERLAND County vs. • No.: 13-1039 • REBEKAH J. BROWN ANDREW J. BROWN 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. REBEKAH J. BROWN REBEKAH J. BROWN ANDREW J. BROWN ANDREW J. BROWN 14 EAST LOCUST STREET 3997 RAUCH STREET MECHANICSBURG, PA 17055-3838 HARRISBURG, PA 17109 • � P elan . a. ig", L t DATE: ` 1 'i By: � Jonath, M. :tkowicz, Esq., Id.No.208786 A limey for Plaintiff 789250 tr + r PHELAN HALLINAN,LLP Attorney for Plaintiff John Michael Kolesnik,Esq.,Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza C —t Philadelphia,PA 19103 -t v John.Kolesnik @phelanhallinan.com . ;n CD - ;rn 215-563-7000x , ' IN THE COURT OF COMMON PLEASr` � ,ate "cam s OF CUMBERLAND COUNTY,PENNSYLVANIA 'b _ —6 BANK OF AMERICA,N.A.,AS SUCCESSOR BY CUMBERLAND COUNTY MERGER TO BAC HOME LOANS SERVICING, -< — -- LP F/K/A COUNTRYWIDE HOME LOANS COURT OF COMMON PLEAS SERVICING,LP Plaintiff, CIVIL DIVISION v. No.: 13-1039 REBEKAH J.BROWN ANDREW J.BROWN 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 her o l'bit"A". Joh ael Kolesnik,Esq.,Id.No.308877 el I 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#789250 i r , . xe.s:.. k...s.,Mxda.—, '�,. ,.a....:....—.."..... Hx .€, 4... „"4....*m.. a.,s1,..,...4a„a-:.-,,-w.. , .. . ... .'..,. , ,..........,,.:r....., r Qd O n . W N a-+ o d �S a c/' a 3 9 jr T N 1 '<y * iF * 4 !* A * * * * 4 z 9 * * 4 4 C. M .4- Owl A ;uH = t0 ti t5 Grt:2, o5g '1 C () r1 (1C4A z -0g IV g t4 C) 0. Rr U lt ry w m3atz' z -.Ponig gz; iaq pv ro . c 71 0PZ rc , � r) 0ooa ;, ? 'T =. em H '; 31 rtf$ °° a 3 ?°1• il P V m:C3 it .a gay g C> . . ,„:„ ,.., 007 z t3 ii; It ;:vs, c' m :: ril :g g t PI n - s. {ry d "-+ P7 3 b Co C Z 0 V a a / d H g d F a t RI C CP '4 a=� b ttl a ter- ei 2,0 TV a IttILN P C C O 4 0 1. ("1 (h V1 V1 tl1 Ai • c" N, WI ' ii.'�• U.S. G✓ ���r���.�.I wEs ZIP 't9t03 $ 003.50 k`'.'. 02 1 Yf *`:eg::'. 0001351184 OCT 25 2013 - Fi L C F, ui ( ; .' t'ttrI'H0111,)T 'i r-;F 2013 NOY 13 PH A ! CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR Court of Common Pleas BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME Civil Division LOANS SERVICING, LP Plaintiff CUMBERLAND County vs. No.: 13-1039 REBEKAH J. BROWN ANDREW J. BROWN Defendants % ORDER AND NOW, this 3 day of N 64 , 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 $108,978.45 Interest Through December 4, 2013 $26,563.50 Legal fees $1,300.00 Cost of Suit and Title $1,191.96 Property Inspections $30.00 Property Preservation $476.00 Mortgage Insurance Premium/Private Mortgage Insurance $1,619.75 Escrow Deficit $7,346.80 789250 TOTAL $147,506.46 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 THE COURT: J. IZ . t�r�cWJ 789250 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED -OFFICE THE Sheriff f 1 " r nst r of �u�r� r l t" IPRO TI�Gt U lARI Jody S Smith Chief Deputy 2U1 if APR `4 Ali 9. 4 9 Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA OFFICE OF THE SHERIFF Bank of America, N.A. vs. Rebekah J Brown (et al.) Case Number 2013-1039 SHERIFF'S RETURN OF SERVICE 09/20/2013 04:59 PM - Deputy Shawn Gutshall, 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 14 East Locust Street, Mechanicsburg - Borough, Mechanicsburg, PA 17055, 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 $1.00 to Attorney Joseph Schalk, on behalf of the America, N.A., As Successor by Merger to BAC Home Loans Servicing, LP F/K/A Countrywide Home Loans Servicing, LP, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $825.24 SO ANSWERS, February 18, 2014 RONNY R ANDERSON, SHERIFF '00 pi, a 2- a - d_s- pd Co , 9s -o3 3039: (c) CountySuite Sheriff, Teleosoft, Inc. On July 31, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA, Known and numbered as, 14 East Locust Street, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: July 31, 2013 By: 0_0-bLAA Real Estate Coordinator LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2013-1039 Civil Term BANK OF AMERICA, N.A. vs. REBEKAH J. BROWN, Andrew J. Brown Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13-1039, BANK OF AMERICA, N.A, AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP v. REBEKAH J. BROWN, ANDREW J. BROWN owner(s) of property situate in the MECHANICSBURG BOROUGH, 2ND, CUMBERLAND County, Penn- sylvania, being 14 EAST LOCUST STREET. MECHANICSBURG, PA 17055-3838. Parcel No. 17-23-0565-041. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $135,449.14. 29 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. Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 25 day of October, 2013 C-Zoit,oL/,dfd Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 ;They Patriot -News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 cue atriotXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2013-1039 CMI Term BANK OF AMERICA, N.A. vs. REBEKAH J BROWN Andrew J Brown Atty: Joseph Schalk By virtue of a Writ of Execution No. 13-1039 BANK OF AMERICA, N.A, AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE • HOME LOANS SERVICING, LP V. REBEKAH J. BROWN ANDREW J. BROWN • owners) of property situate in the MECHANICSBURG BOROUGH, 2ND, CUMBERLAND County, Pennsylvania, bging: - 14']_AST LOCUST STREET. MECI-IA 1CSBURG, PA 17055-3838 - Parcel No. 17-23-0565-041 • (Acreage or street address) Improvements thereon: RESIDENTIAL I DWELLING Judgment Amount: $135,449.14 This ad ran on the date(s) shown below: 10/13/13 10/20/13 10/27/13 subscribed before L t► 11 day of November, 2013 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION 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 Sheriff's Deed in which Bank of America, NA is the grantee the same having been sold to said grantee on the 4th day of September A.D., 2013, under and by virtue of a writ Execution issued on the 15th day of July, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 1039, at the suit of Bank of America, NA against Rebekah J. Brown & Andrew J. Brown is duly recorded as Instrument Number 201406838. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /gm day of APril ,A.D. 0/1 ) aMf. t�� ), °C°v Recorder Deeds Recorder of Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018