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Home My WebLink About13-1086 ~. ~Ek ~'~t~T ~ ~r ~ . ~~+~~ c~ 3 k.; ; 2f~l3 FEt3 27 !~~ fQ~ f ~U~f~~L~N~I COUNTY ~~NNSYLV~tdIA PHELAN HALLINAN, LLP Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff v. DANA UKOLOWICZ 106 YATES STREET MOUNT HOLLY SPRINGS, PA 17065-1018 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM / ,~ NO. ~ ~~ ~ f~ ~(p V CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 300486 Q~tk ~ 7~ ail C,~ p~/,~ 8aiol 'r~.u a~1oy~ 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 aze served by entering a written appeazance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800)990-9108 File #: 300486 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) aze: DANA UKOLOWICZ 106 YATES STREET MOUNT HOLLY SPRINGS, PA 17065-1018 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/25/2008 DANA UKOLOWICZ 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. 200809347. By Assignment of Mortgage recorded 10/28/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201129932.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(8); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 300486 6. The following amounts are due on the mortgage as of O l /23/2013: Principal Balance $100,777.46 Interest $11,085.58 04/01 /2011 through O 1 /31 /2013 Late Charges $0.00 Property Inspections $15.00 Escrow Deficit 3 034.22 TOTAL $114,912.26 7. 8. 9. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a 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 #: 300486 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $114,912.26, 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., I . No.307207 Attorney for Plaintiff File #: 300486 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in Mount Holly Springs Borough, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the western side of Baltimore Street (also known as Yates Street) at corner of land now or formerly of Harry A. Jones, et ux; thence by said land now or formerly of Harry A. Jones et ux, North 49 degrees 10 minutes West, 302 feet to an iron pin on line of Philadelphia and Reading Railroad Company right-of--way; thence by the edge of said right-of- way, North 26 degrees 27 minutes East, 60 feet to an iron pin; thence by land now or formerly of Gladys K. Flohr and Harry E. Flohr, her husband, South 54 degrees 34 minutes East, 295.68 feet to an iron pin on the western line of said Baltimore Street; thence by the western side of said Baltimore Street, South 25 degrees 30 minutes West, 88.85 feet to an iron pin, the place of BEGINNING. BEING improved with aone-story dwelling house known as 106 Yates Street, Mount Holly Springs. UNDER AND SUBJECT to restrictions of record as set forth in Cumberland County, Pennsylvania, in Deed Book'L', Volume 26, Page 8. PROPERTY ADDRESS: 106 YATES STREET, MOUNT HOLLY SPRINGS, PA 17065- 1018 PARCEL # 23-35-2316-012 File #: 300486 VERIFICATION ~l) ~ Di 11~. ,hereby states tha he she istiSSlS~n~1~Y'ILf. ~tS ~ ~cn ~' of BANK OF AMERICA, N.A., Plaintiff in this matter, th he he is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best o his er information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ~ I ~ q I l.3 File#: 300486 Name: UKOLOWICZ Name: Pa..~l i'n~cl,acl ~"I Cam,,. Title: Ass~s~rr~' U~ Cc P~.s id>~f' BANK OF AMERICA, N.A. File #: 300486 A~r.~'. ~:1? ~!1 ~. ~ FORM 1 BA~~1]{ OF AMERICA, N.A., AS SUCCESSOR BY N(ERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOADS SERVICING, LP Plaintiff(s) vs. DANA UKOLOWICZ Defendant(s) T1pc~ated ~t1/QI/21111 IN TF~E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYlx Vt~I~IA `~` _ , r,..'^a _.~ _,: ~ ~... .:~ .. t:i:+ , ~ c~ ~ i 3 I -~~ D ~fa ~°`~ ~= µ ~' Civil -~ f~ <. ~ 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) 243-540(1 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within. twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an. opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with yaw- lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a fmancial worksheet in the format attache;d 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: t~ 3 Date 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): Properly 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: Home: Cell: State: Zip: Email: # of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Date of Last Payment: State: Zip: Yes ^ No ^ Listing date: Price: $ Realtor Phone: Yes ^ No ^ State: Zip: Home: Office: Cell: Other: How long? Included Taxes & Insurance: Office: Other: Primary Reason for Default: Is the loan in Bankruptcy? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile # 1: Model: Year: Amount owed: Value: Automobile #2: Model Year: Amount owed: Value: Other transportation (automobiles, boats, motorc comes): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross, 2. Monthly Gross, 3. Monthly Gross, Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Monthly Net Monthly Net Monthly Net Borrower Pay Days: Co-Borrower Pay Days: Monthly Egaenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2° Mort a e Utilities Car Pa men s Condo/Nei .Fees Auto Insurance Med. not covered Auto fueUre airs Other ro a ment Install. Loan Pa ment Cable TV Child Su ortlAlim. S endin Mone Da /Child Care/Tuft. Other Ex enses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ^ No ^ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ^ No ^ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ^ No ^ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name Servicing Company (Name): Contact: Phone: Phone: I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that Uwe am/are under no obligation to use the counseling spices 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 currea~ly on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson t;ILEU-OFD=IC" Sheriff THE PROTHONGT.AP, Jody S Smith ;'+qtr =are %t Chief Deputy 2013 MAR 20 PM 3: 0? Richard W Stewart �U � ii � Solicitor OFF"CE OF T'"�'" �'�: PENNS Y€.VAN1 A Bank of America, N.A..,As Successor by Merger to BAC Case Number vs. Dana Ukolowicz 2013-1086 SHERIFF'S RETURN OF SERVICE 03115/2013 01:17 PM-Deputy William Cline, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Misty Rhinehart, Roomate,who accepted as"Adult Person in Charge"for Dana Ukolowicz at 106 Yates Street, Mt. Holly Sprgins Borough, Mt. Holly Springs, PA 17065. r LLIAM CLINE, DEPUTY SHERIFF COST:$35.00 SO ANSWERS, 110111 1 X. Zl� March 18, 2013 RON + ANDERSON, SHERIFF (c)CcuntySuite Sheriff,-,elleasof*,.ti+". M 2:3J Z-- i l > j - rD r}L �C'w � PHELAN HALLINAN, LLP �. Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Court of Common Pleas F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Civil Division 7105 CORPORATE DRIVE Term PLANO, TX 75024 No. 2013-1086-CIVIL Plaintiff V. Cumberland County DANA UKOLOWICZ 106 YATES STREET MOUNT HOLLY SPRINGS, PA 17065-1018 Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, Bank of America, N.A., Successor (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On February 27, 2013,. Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for her failure to make monthly payments of principal and interest upon her mortgage due May 1, 2011, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. On March 15, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure 300486 Diversion Program Notice for the Defendant. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint,the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon-the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition'the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendant opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, P LAN HALL NA , LLP Date: _ BY: (Attor ep P. chalk, Esquire ey or Plaintiff 300486 Exhibit A I CIF 78E NRU 114,0N.-D 2013 FEB 2 7 4M 10: I S CUMBERLAND COUNTY PE"MNS YLYANI.A PHELAN HALLINAN,LLP Meredith Wooters,Esq.,Id.No.307207 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 BANK OF AMERICA,N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP CIVIL DIVISION 7105 CORPORATE DRIVE PLANO, TX 75024 TERM Plaintiff NO. )'?-10 �� V V. CUMBERLAND COUNTY DANA UKOLOWICZ 106 YATES STREET MOUNT HOLLY SPRINGS,PA 17065-1018 Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE File#: 300486 Q 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 N: 300486 1. Plaintiff is BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s)and last known address(es)of the Defendant(s)are: DANA UKOLOWICZ 106 YATES STREET MOUNT HOLLY SPRINGS,PA 17065-1018 who is/are the mortgagor(s)and/or real owner(s)of the property hereinafter described. 3. On 03/25/2008 DANA UKOLOWICZ 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.200809347. By Assignment of Mortgage recorded 10/28/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201129932.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 05/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor,the entire principal balance and all interest due thereon are collectible forthwith. File b: 300486 6. The following amounts are due on the mortgage as of 01/23/2013: Principal Balance $100,777.46 Interest $11,085.58 04/01/2011 through 01/31/2013 Late Charges $0.00 Property Inspections $15.00 Escrow Deficit $3.034.22 TOTAL $114,912.26 7. Plaintiff is not seeking a judgment of personal liability(or an in personam judgment) against the Defendant(s)in the Action; however,Plaintiff reserves its right t6 bring a separate Action to establish that right,if such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding,this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy,but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974,Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983,as amended in 2008,and/or Notice of Default as required by the mortgage document,as applicable, have been senf.to the Defendant(s)on the date(s)set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s)has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency,or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. File#: 300486 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $114,912.26,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., I .No.307207 Attorney for Plaintiff File ay: 300486 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in Mount Holly Springs Borough, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the western,side of Baltimore Street(also known as Yates Street) at comer of land now or formerly of Harry A. Jones, et ux; thence by said land now of formerly of Harry A. Jones et ux,North 49 degrees 10 minutes West, 302 feet to an iron pin on line of Philadelphia and Reading Railroad Company right-of-way;thence by the edge of said right-of- way,North 26 degrees 27 minutes East, 60 feet to an iron pin; thence by land now or formerly of Gladys K. Flohr and Harry E.Flohr, her husband, South 54 degrees 34 minutes East, 295.68 feet to an iron pin on the western line of said Baltimore Street;thence by the western side of said Baltimore Street, South 25 degrees 30 minutes West, 88.85 feet to an iron pin,the place of BEGINNING. BEING improved with a one-story dwelling house known as 106 Yates Street,Mount Holly Springs. UNDER AND SUBJECT to restrictions of record as set forth in Cumberland County, Pennsylvania, in Deed Book 'L, Volume 26, Page 8. PROPERTY ADDRESS: 106 YATES STREET,MOUNT HOLLY SPRINGS,PA 17065- 1018 PARCEL#23-35-2316-012 Fite#: 300486 VERIFICATION paol mlih, 1h 1k,hereby states tha he she isA ASuntl�l(A es l of BANK OF AMERICA,N.A., Plaintiff in this matter,th he he is authorized to make this Verification,and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best o&er information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: Name:Ra.�I 1'n,ckaal &11,,, �1 q l.3 Title:Asslsl - Ul ci iPes ,d enf' BANK OF AMERICA,N.A. File#: 300486 Name: UKOLOWICZ File#: 300486 P'rrAC:P. Updated 1111tt112tt11 FORM 1 IN THE COURT OF COMMON PLEAS BA:`ll.<OF AMERICA,N.A.,AS SUCCESSOR OF CUMBERLAND COUNTY,PENNSYI,VAhj1A . BY MERGER TO BAC HOME LOANS <_— r=' SERVICING,LP F/K/A COUNTRYWIDE HOME f. i' ; LOANS SERVICING,LP Plaintiff(s) .,Q VS. DANA UKOLOWICZDJ cs Q Defendant(s) Civil --f NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date.-During that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with-youu- lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference.It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative.However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attachcA 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 1S FREE. Respectfully submitted: (Date 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: E I Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes❑ No❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes❑ NoEl Mailing Address(if different): City: State: Zip: Phone Numbers: Horne: Office: Cell: Other: Email: #of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes&Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes❑ No❑ If yes,provide names, location of court,case number&attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ Other: $ $ . Automobile#1:Model: Year: Amount owed: Value: Automobile#2:Model: Year: Amount owed: Value: Other transportation(automobiles,boats,motorc cam}: Model: Year: Amount owed: Value } Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 nd Mort age Utilities Car Pa ens Condo/Neigh.Fees Auto Insurance Med.inot covered Auto fuel/repairs Other prop. payment Install.Loan Payment Cable TV Child Su ort/Alim. S ending Money Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes❑ No❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: r . 9 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 Ioan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: Phone: I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options.'J/We understand that Uwe am/are under no obligation to use the counseling swvwes provided by the above named i Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill- 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement(if property is currently on the market) Exhibit B I „ I I SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith 414tttttr nt E.u��brr�a�b Chief Deputy x Richard W Stewartf . Solicitor OFFICn OF THE sKEWF i i li Bank of America, N.A..,As Successor by Merger to SAC vs. Case Number Dana Ukolowicz 2013-1086 i SHERIFF'S RETURN OF SERVICE 0311512013, 0117 PM-Deputy William Cline, being duly sworn according to law,served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Misty Rhinehart,Roomate,who accepted as"Adult Person in Charge"for Dana Ukolowicz at 106 Yates Street, Mt. Holly Sprgihs Borough,Mt. Holly Springs, PA.17065. i LLIAM CLINE, DEPUTY SHERIFF COST: $35.00 SO ANSWERS, t�~ March 18,2013 RON R ANDERSON,SHERIFF i i I j I . { l s t i 1 PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 1.26 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS Civil Division SERVICING, LP 7105 CORPORATE DRIVE Term PLANO, TX 75024 No. 2013-1086-CIVIL Plaintiff Cumberland County V. DANA UKOLOWICZ 106 YATES STREET MOUNT HOLLY SPRINGS, PA 17065-1018 Defendant CERTIFICATION OF SERVICE I certify that a true.and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: DANA UKOLOWICZ 106 YATES STREET MOUNT HOLLY SPRINGS, PA 17065-1018 Date: I 6o By: ' ose h P chalk, Esquire Atto ey or Plaintiff i 300486 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA,N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Court of Common Pleas F/K/A COUNTRYWIDE HOME LOANS Civil Division SERVICING, LP 7105 CORPORATE DRIVE Term PLANO, TX 75024 No.2013-1086-CIVIL Plaintiff V. Cumberland County DANA UKOLOWICZ 106 YATES STREET MOUNT HOLLY SPRINGS,PA 17,065-1018 Defendant ORDER AND NOW,this /*Z day of 9%Ron*. > 2013, upon consideration of Plaintiff s Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY THE COURT: tS J. IC aj'- .Lt CD CD > 300486 CC: Dana Ukolowicz Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 DANA UKOLOWICZ 106 YATES STREET MOUNT HOLLY SPRINGS,PA 17065-1018 300486 +: t pROTHotiaTARY PHELAN HALLINAN, LLP lAtorne for Plaintiff Adam H. Davis, Esq., Id. No.203034 � y 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUt4TY One Penn Center Plaza PENNSYl-VAHI P` Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 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. 13-1086-CIVIL DANA UKOLOWICZ 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 DANA UKOLOWICZ, Defendant(s)for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $114;912.26 TOTAL $114,912.26 I hereby certify that(1)the Defendant's last known address is 106 YATES STREET, MOUNT HOLLY SPRINGS, PA 17065-1018, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237..L Date GL►�._- Adam H. Davis,Esq., Id. No.203034 Attorne for Pl ' tiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PH n 794248 PROTHONOTARY ofth •s°� CIL 133ya�a 794248 R No rn� PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H.Davis,Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 BANK OF AMERICA,N.A.,AS CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC COURT OF COMMON PLEAS HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS CIVIL DIVISION SERVICING,LP No. 13-1086-CIVIL VS. DANA UKOLOWICZ AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s)is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant DANA UKOLOWICZ is over 18 years of age and resides at 106 YATES STREET, MOUNT HOLLY SPRINGS, PA 17065-1018. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date— Phelan Hallinan,LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 794248 Department of Defense Manpower Data Center Results as of:Au08.2013 12:06:43 SCRA 3.0 s StatuS Rep ort {t , Pursuant to Servicernernbors Civil Relief Ad. Last Name: UKOLOWJCZ First Name: DANA Middle Name: Active Duty Status As Of: Aug-08-2013 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 Du'ty.status Date Left Active Duty Within 367 Days of Active Duty Status to Active Duty Start Date Active Duty End Date Status Service Component NA _.<. NA 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. - tJo. NA This response reflects whether this individual of hisfher 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. ..� 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. 13-1086-CIVIL DANA UKOLOWICZ Notice is given that a Judgment in the above captioned matter has been entered against you on 0 By. aa If you have any questions concerning this matter please contact: Phelan Haliinan, LLP Adam H. Davis, Esq.,Id. No.203034 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 ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. "= 794248 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. 13-1086-CIVIL Plaintiff V. CUMBERLAND COUNTY DANA UKOLOWICZ Defendant(s) TO: DANA UKOLOWICZ 106 YATES STREET MOUNT HOLLY SPRINGS,PA 17065-1018. ,, .. 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 BEARING 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 249-3166 By: Zacf J 1 .,E .,Id.No.310721 A ney P1 as ff elan n. lit n,LLP 617JF " oulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#794248 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.: 13-1086-CIVIL V. DANA UKOLOWICZ CUMBERLAND COUNTY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $114,912.26 Interest from 08/11/2013 to Date of Sale $2,191.2 1 C) ($18.89 per diem) TOTAL $117,103.50 Phelan Hallinan,LLP Adam H. Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PH#794248 ew� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP Plaintiff. V. DANA UKOLOWICZ Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: Address where papers may be served: DANA UKOLOWICZ Phelan Hallinan,LLP 106 YATES STREET Adam H.Davis,Esq.,Id.No.203034 MOUNT HOLLY SPRINGS,PA 17065-1018 I- Attorney for Plaintiff r t l LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situated in Mount Holly Springs Borough,Cumberland County, Pennsylvania,bounded and described as follows: BEGINNING at an iron pin on the western side of Baltimore Street(also known as Yates Street)at corner of land now or formerly of Harry A.Jones,et ux;thence by said land now or formerly of Harry A.Jones et ux, North 49 degrees 10 minutes West,302 feet to an iron pin on line*of Philadelphia and Reading Railroad Company right-of-way;thence by the edge of said right-of-way,North 26 degrees 27 minutes East,60 feet to an iron pin;thence by land now or formerly of Gladys K.Flohr and Harry E.Flohr,her husband,South 54 degrees 34 minutes East,295.68 feet to an iron pin on the western line of said Baltimore Street;thence by the western side of said Baltimore Street,South 25 degrees 30 minutes West,88.85 feet to an iron pin,the place of BEGINNING. BEING improved with a one-story dwelling house. UNDER AND SUBJECT to restrictions of record as set forth in Cumberland County,Pennsylvania,in Deed Book'L',Volume 26,Page 8. TITLE TO SAID PREMISES IS VESTED IN Dana D. Ukolowicz, single man, by Deed from Susan E. Berry and Mark Thomas Berry, her husband, dated 03/22/2008, recorded 03/27/2008 in Instrument Number 200809346. PREMISES BEING: 106 YATES STREET,MOUNT HOLLY SPRINGS,PA 17465-1018 PARCEL NO.23-35-2316-012 PHELAN HALLINAN,LLP IC Attorneys for Plaintiff U Adam H. Davis,Esq., Id. No.203034 fHE PROTHOINOTAiN 1617 JFK Boulevard, Suite 1400 2013 AUG -9 AM11: 23 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY Adam.Davis@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.: 13-1086-CIVIL V. DANA UKOLOWICZ CUMBERLAND COUNTY Defendant(s) CERTIFICATION The undersigned attorney hereby states that he/she is.the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (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, Doe No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 19 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan Hallinan,LLP 1W Adam H.Davis,Esq.,Id.No.203034 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.: 13-1086-CIVIL V. . DANA UKOLOWICZ CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 1.06 YATES STREET, MOUNT HOLLY SPRINGS,PA 17065-1018. I. Name and address of Owner(s)or reputed Owner(s): � ;-�i-_ Name Address(if address cannot be reasonably ascertaing = C-3 re, please so indicate) cn' t C � � -4� —tG DANA UKOLOWICZ 106 YATES STREET, MOUNT HOLLY SPRINGS,PA 17065-1018 Q 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) DANA UKOLOWICZ 106 YATES STREET MOUNT HOLLY SPRINGS,PA 17065-1018 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) CUMBERLAND COUNTY ADULT 1 COURTHOUSE SQUARE PROBATION CARLISLE,PA 17013-3387 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) REDEVELOPMENT AUTHORITY OF THE 114 NORTH HANOVER STREET COUNTY OF CUMBERLAND CARLISLE,PA 17013 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. PH#794248 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 106 YATES STREET MOUNT HOLLY SPRINGS,PA 17065-1018 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: By: Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#794248 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.: 13-1086-CIVIL VS. CUMBERLAND COUNTY DANA UKOLOWICZ pr. ry"i Defendant(s) c—, NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ' ' �. TO: DANA UKOLOWICZ a= 106 YATES STREET C3 MOUNT HOLLY SPRINGS, PA 17065-1018 y g_ "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house(real estate) at 106 YATES STREET,MOUNT HOLLY SPRINGS,PA 17065-1018 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$114,912.26 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 31.29.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges,.costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you.contact one, the more chance you will have of stopping the sale. (See notice on page 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. mil. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the f price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff. gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (1.0) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situated in Mount Holly Springs Borough,Cumberland County, Pennsylvania,bounded and described as follows: BEGINNING at an iron pin on the western side of Baltimore Street(also known as Yates Street)at corner of land now or formerly of Harry A.Jones,et ux;thence by said land now or formerly of Harry A.Jones et ux, North 49 degrees 10 minutes West,302 feet to an iron pin on line'of Philadelphia and Reading Railroad Company right-of-way;thence by the edge of said right-of-way,North 26 degrees 27 minutes East,60 feet to an iron pin;thence by land now or formerly of Gladys K.Flohr and Harry E.Flohr,her husband,South 54 degrees 34 minutes East,295.68 feet to an iron pin on the western line of said Baltimore Street;thence by the western side of said Baltimore Street, South 25 degrees 30 minutes West, 88.85 feet to an iron pin,the place of BEGINNING. BEING improved with a one-story dwelling house. UNDER AND SUBJECT to restrictions of record as set forth in Cumberland County,Pennsylvania,in Deed Book'L',Volume 26,Page 8. TITLE TO SAID PREMISES IS VESTED IN Dana D. Ukolowicz, single man, by Deed from Susan E. Berry and Mark Thomas Berry, her husband, dated 03/22/2008,recorded 03/27/2008 in Instrument Number 200809346. PREMISES BEING: 106 YATES STREET,MOUNT HOLLY SPRINGS,PA 17065-1018 PARCEL NO.23-35-2316-012 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-1086-CIVIL BANK OF AMERICA, N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP V. DANA UKOLOWICZ owner(s) of property situate in MT HOLLY SPRINGS BOROUGH, CUMBERLAND County, Pennsylvania, being 106 YATES STREET,MOUNT HOLLY SPRINGS,PA 17065-1018 Parcel No. 23-35-2316-012 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $114,912.26 Attorneys for Plaintiff Phelan Hallinan, LLP WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-1086 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 DANA UKOLOWICZ (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 gamishee(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: $114,912.26 L.L.: $.50 Interest FROM 8/11/201.3 TO DATE OF SALE($18.89 PER DIEM)-$2,191.24 Atty's Comm: Due Prothy: $2.25 Atty Paid: $183.75 Other Costs: Plaintiff Paid: Date:August 9,2013 David D. Buell,Prothonotary _ (Seal) Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,ESQUIRE Address: Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Attorney for:Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 203034 PHELAN HALLINAN,LLP ' t` " TA Attorney for Plaintiff "°'' i -2 One Penn Center Plaza "?; ' r ' i 9 1617 JFK Boulevard, Suite 1400 �N AN T Y Philadelphia,PA 19103 AMA allison.zuckerman @phelanhallinan.com 215-563-7000 • BANK OF AMERICA,N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS • CUMBERLAND COUNTY SERVICING, LP F/K/A COUNTRYWIDE HOME : COURT OF COMMON PLEAS LOANS SERVICING, LP • CIVIL DIVISION • Plaintiff • NO. 13-1086-CIVIL v. • DANA UKOLOWICZ Defendant MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, DANA UKOLOWICZ, by certified mail and regular mail to DANA UKOLOWICZ at 106 YATES STREET, MOUNT HOLLY SPRINGS, PA 17065-1018 and posting 106 YATES STREET, MOUNT HOLLY SPRINGS, PA 17065-1018 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for December 4, 2013. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant, DANA UKOLOWICZ, with the Notice of Sale at the mortgaged premises, 106 YATES STREET, MOUNT HOLLY SPRINGS, PA 17065-1018, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A".No service made as the property is vacant. 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 5. Plaintiff contacted the Prothontary's Office and as of September 20, 2013, no Judge has previously entered a ruling in this case. 6. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on September 24, 2013 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs September 24, 2013 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 7. Plaintiff submits that it has made a good faith effort to locate the Defendant, DANA UKOLOWICZ, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to DANA UKOLOWICZ at 106 YATES STREET, MOUNT HOLLY SPRINGS, PA 17065-1018 and posting 106 YATES STREET, MOUNT HOLLY SPRINGS, PA 17065-1018 and by publication. Phelan Hallinan, LAS DATE: ` By: . - 11714= ckerman, Esquire Bar ID No: 309519 Attorney for Plaintiff PHELAN HALLINAN,LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 allison.zuckerman @phelanhallinan.com 215-563-7000 • BANK OF AMERICA,N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS CUMBERLAND COUNTY SERVICING, LP F/K/A COUNTRYWIDE HOME : COURT OF COMMON PLEAS LOANS SERVICING, LP • CIVIL DIVISION • Plaintiff • NO. 13-1086-CIVIL • v. DANA UKOLOWICZ Defendant PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c)provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph(A) or (B),the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, DANA UKOLOWICZ, are unknown, a reasonable investigation of his/her last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a)provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of"not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a"good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and(3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the return of service, hereto as Exhibit "A",the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to DANA UKOLOWICZ at 106 YATES STREET, MOUNT HOLLY SPRINGS, PA 17065-1018 and posting 106 YATES STREET, MOUNT HOLLY SPRINGS, PA 17065-1018 and by publication pursuant to PA.R.C.P. 3129.2. Phel• ar DATE: b 1� • Alliso` '=-:.-kerman, Esq., Id. No.309519 Attorney for Plaintiff • PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 allison.zuckerman @phelanhallinan.com 215-563-7000 • BANK OF AMERICA,N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS • CUMBERLAND COUNTY SERVICING, LP F/K/A COUNTRYWIDE HOME : COURT OF COMMON PLEAS LOANS SERVICING, LP • CIVIL DIVISION • Plaintiff • NO. 13-1086-CIVIL • v. DANA UKOLOWICZ Defendant CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail, postage prepaid to the following interested parties on the date indicated below. DANA UKOLOWICZ 106 YATES STREET MOUNT HOLLY SPRINGS, PA 17065-1018 Phelan Hallinan, LLP DATE: I By 111111111111 1111116 AllisonUrirckerm. q., Id. No.309519 Attorney for P .intiff EXHIBIT "A" 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#794248 HOME LOANS SERVICING,LP DEFENDANT SERVICE TEAM/IxIt DANA UKOLOWICZ COURT NO.:13-1086-CIVIL SERVE DANA UKOLOWICZ AT: TYPE OF ACTION 106 YATES STREET XX Notice of Sheriff's Sale MOUNT HOLLY SPRINGS,PA 17065-1018 SALE DATE: December 4,2013 SERVED Served and made known to DANA UKOLOWICZ,Defendant on the day of ,20_,at ,o'clock,_M.,at ,in the manner described below: _Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is . _Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: . Description: Age Height Weight Race Sex Other I,, ,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: NOT SERVED On the day of ' ' 20 f. at.L'S�-fi'clock.M.,1, ,a competent adult hereby state at fenciant NOT FOUND because: Vacant _Does Not Exist _Moved _,,,.,Does Not Reside(Not Vacant) No Answer on at at ,,,_Service Refused Other: 1 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 EXHIBIT "B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 794248 Attorney Firm: Phelan Hallinan,LLP Subject: Dana Ukolowicz Property Address: 106 Yates Street,Mount Holly Springs,PA 17065 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Dana Ukolowicz-xxx-xx-2535 B. EMPLOYMENT SEARCH Dana Ukolowicz-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Dana Ukolowicz reside(s) at: 106 Yates Street, Mount Holly Springs,PA 17065. II.INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which indicated that Dana Ukolowicz reside(s) at: 106 Yates Street,Mount Holly Springs,PA 17065.On 09-12-13 our office made several telephone calls to the subject's phone number(717)486-7837 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 09-12-13 our office made several phone calls in an attempt to contact Gayle I. Wood (717)486-4976,104 Yates Street,Mount Holly Springs,PA 17065:no answer. On 09-12-13 our office made several phone calls in an attempt to contact Eugene D. Stokes (717) 486-4341,110 Yates Street,Mount Holly Springs, PA 17065: answering machine. On 0942-13 our office made several phone calls in an attempt to contact Patrick L. Dieter (717) 486-3180,114 Yates Street,Mount Holly Springs,PA 17065: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 09-12-13 we reviewed the National Address database and found the following information: Dana Ukolowicz- 106 Yates Street, Mount Holly Springs,PA 17065. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address: no addresses on file. V. OTHER INQUIRIES A. DEATH RECORDS As of 09-12-13 Vital Records and all public databases have no death record on file for Dana Ukolowicz. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Dana Ukolowicz-1973 B. A.K.A. Dana M.Ukolowicz *Our accessible databases have been checked and cross-referenced for the above named individual(s). *Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the . _■•.1ties of 1813,a C.S. Sec.4904 relating to unsworn falsification to authorities. r The above information is obtained from available public records and we are only liable for the cost of the affidavit. . . • EXI3II3I7, " (' 9' Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey @phelanhallinan.com LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania October 1, 2013 DANA UKOLOWICZ 106 YATES STREET MOUNT HOLLY SPRINGS, PA 17065-1018 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. DANA UKOLOWICZ Premises Address: 106 YATES STREET, MOUNT HOLLY SPRINGS,PA 17065-1018 CUMBERLAND County,No. 13-1086-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by October 1, 2013 Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, LILY HAINEY,Legal Assistant for Phelan Hallinan, LLP 794248 " t .1 t Name and Phelan Halligan,LLP r r Address 1617 JPK Boulevard,Suite 1400 VII N Of Sander One Penn Center Plaza * ..t Philadelphia,PA 19103 KVM Line Article Number 'Name of Addressee,Street,and P,.t Ofltee Address Postage F I •*** DANA UKOLOWICZ $0.46 t 11^,z 106YATESS'TREET ' .Np MOUNT HOLLY SPRINGS,PA 1,065-1018 a N o RE:DANA UKOLOWICZ(CUM ERLAND) PH H 794248/1200 Page 1 of 1 50.46 1(4..r .1,we' i �Z Teal NrmMrar Tag Number of Piton Pernde. (Naaeof 71.•PIN deciarelico of arm hcoal dorms:a and nsite esedend.'raw.. ? ' le■i Pima Limed by Soda *stewed a Pest adRioe Receiving t ,• -) fir she rawsmation atmmegdiaeie doormats under Exprms Mud document reeauarruceien i -' ::E, ,�,��. pica subject br ab"ma ofSS00.000 per ecormar.The maximum indemnity parable as Expos t,k'y The worms indenmmr molds nX23.000 rmic e.ksad.sect end,*portal lee,*.Se _ •�`�� }� R9005911 and 5921 for limilainesafeeenge. r�'. ;iL Farm 3877 Facsimile i e,-.1.,\..... „„, , 1 --.,,,, :j .. ' 79424 i it() i NONO Ai Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174;1 3 OCT 4 t 10: 02 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 r�� .�sL�","�� C4Ut�i One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A., AS SUCCESSOR : Court of Common Pleas BY MERGER TO BAC HOME LOANS • SERVICING, LP F/K/A COUNTRYWIDE HOME : Civil Division LOANS SERVICING, LP Plaintiff • CUMBERLAND County v. • No.: 13-1086-CIVIL DANA UKOLOWICZ Defendant 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 27, 2013. 2. Judgment was entered on August 9, 2013 in the amount of$114,912.26. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 4, 2013. 794248 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $100,777.46 Interest Through September 12, 2013 $15,116.70 Legal fees $1,725.00 Cost of Suit and Title $800.35 Property Inspections $15.00 Suspense/Misc. Credits ($1,406.36) TOTAL $117,028.15 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs 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 24, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. 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. 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order to Lift Conciliation Stay dated June 12, 2013 . WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. 794248 Phelan Hallinan,LLP DATE: ! 0 13//3 By: athan Lobb, Esquire ATTORNEY FOR PLAINTIFF 794248 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A., AS SUCCESSOR • Court of Common Pleas • BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME : Civil Division LOANS SERVICING, LP Plaintiff : CUMBERLAND County v. • No.: 13-1086-CIVIL DANA UKOLOWICZ Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE DANA UKOLOWICZ 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 106 YATES STREET, MOUNT HOLLY SPRINGS, PA 17065-1018. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured,Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 794248 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. IL 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 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 794248 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 Defendant as it imputes no personal liability. In B.C.Y.v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums,fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel,424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 794248 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However,Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically,interest from 30 days prior to the date of default through the date of the impending 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. 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. 794248 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 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 794248 Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 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. 794248 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. 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 794248 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore,Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: /0 /3 /3 By: J athan Lobb, Esquire Attorney for Plaintiff 794248 Exhibit "A" 794248 r .E OFI'!C HE PROTHONOTAF 'r • PHELAN HALLINAN, LLP 3 AUG 9 AM 11: I 9 Attorney for Plaintiff Adam H.Davis,Esq.,Id. No.20365 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 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. 13-1086-CIVIL DANA UKOLOWICZ 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 DANA UKOLOWICZ, Defendant(s)for failure to file an Answer to Plain.1i 'I t within 20 days from service , thereof and for foreclosure and sale of the mortgag • �,h�9 - Plaintiff's damages as follows: As set forth in Complaint $114,912.26 TOTAL Arm RIVsr $114,912.26 I hereby certify that(1)the Defendant's last known as C106 YATES STREET, MOUNT 1401).Y SPRINGS,PA 17065-1018,and(2)that notice has been givpm i11,;U wdance _ with Rule Pa.R.C.P 237.1. Date g/i/7,3, Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PailigrF400' DAMAGES BY ASSESSED A DATE: 8 111 3 PH#794248 PROTHONOTARY 794248 Exhibit "B" 794248 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 24, 2013 DANA UKOLOWICZ 106 YATES STREET MOUNT HOLLY SPRINGS,PA 17065-1018 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. DANA UKOLOWICZ Premises Address: 106 YATES STREET MOUNT HOLLY SPRINGS,PA 17065 CUMBERLAND County CCP,No. 13-1086-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days,by 9/30/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, Jonathan Lobb,Esq., Id. No.312174 Attorney for Plaintiff Enclosure 794248 O iiit ii Name and Phelan Hallinan, LP 11 ri T N v A Address 1617 JFK Boulevard,Suite 1400 . Of Sender One Penn Center Plaza 8$8 Philadelphia,PA 19103 KVM w SA Line ,Article Number Name of Addressee,Street,and P∎ Office Address Postage °i I **"'' DANA IJKO7 OWICZ . $0.46 !I a 106 YATES STREET rl �,,.�}`,a' °, ,'') MOUNT.HOLLY SPRINGS,PA.1+06S-1018 `.✓ Noo t r RE:DANA U 1COLO Z CCU •ERLAND) PH#79424011200 Page 1 of t $0.46 Total Number of :: roodNomber of Pima Pammatter,_.(Name of -The full d<c1 aioa of%Moe Meowing:w sa*made sad uauasnuat r4 eere4 area 7 Ae spa ' 4.'. ;::;..r'. Piecos UMW bySeeder .. 'Reedvedat Port Ofrrce Receiving .. for the reDOnmemioaofn000epotubiedoewsddsmotet Neese Afail document teetlebeclKeti + h' `� piece Mime o a tines ettSat000 peroccommon.The muimum lndmaaily parable w Eves, , ''..ii. ■ The maximum iademoity payable is S73,000 forregbiccd man,seam webpfee nal i aiancc..Sr .t 4s�e- .r .., :`R900 5913 sad S9:I for liniustioY of cove`ege. .. •• `�'• Form 3877 Facsimile W k,,.3. _. 794?.3 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR : Court of Common Pleas • BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME : Civil Division LOANS SERVICING, LP Plaintiff • CUMBERLAND County • v. • No.: 13-1086-CIVIL • DANA UKOLOWICZ Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. DANA UKOLOWICZ 106 YATES STREET MOUNT HOLLY SPRINGS, PA 17065-1018 Phelan Hallinan,LLP DATE: !D 73/13 By: J athan Lobb, Esquire ATTORNEY FOR PLAINTIFF 794248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA,N.A., AS SUCCESSOR • BY MERGER TO BAC HOME LOANS • CIVIL DIVISION SERVICING, LP F/K/A COUNTRYWIDE HOME • LOANS SERVICING, LP • NO. 13-1086-CIVIL • • Plaintiff • L , • rn DANA UKOLOWICZ ter°` —� `r' co c Defendant z�� , ORDER = ' AND NOW,this 8 day of 0 C-14 , 2013, aftEr r" consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant DANA UKOLOWICZ by: REGULAR MAIL TO DANA UKOLOWICZ at 106 YATES STREET, MOUNT HOLLY SPRINGS, PA 17065-1018 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO DANA UKOLOWICZ at 106 YATES STREET, MOUNT HOLLY SPRINGS, PA 17065-1018 Service by mail is complete upon the date of mailing POSTING 106 YATES STREET, MOUNT HOLLY SPRINGS, PA 17065-1018 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY TH COURT: 4/ J. PH# 794248 /CSC PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 -1iANA UKOLOWICZ 106 YATES STREET, MOUNT HOLLY SPRINGS, PA 17065-1018 l-S 02b-cLcc1 /U/S// ■ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR • Court of Common Pleas BY MERGER TO BAC HOME LOANS • SERVICING, LP F/K/A COUNTRYWIDE HOME • Civil Division LOANS SERVICING, LP • Plaintiff CUMBERLAND County • v. • No.: 13-1086-CIVIL • DANA UKOLOWICZ Defendant RULE AND NOW, this 9` day of afro 44,c 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T. COURT J. c°) �/ r27 '/(iL ( L LL ‘,0 Wit_, /0/e/A3 ..,) 794248 Jonathan Lobb,Esq.,Id.No.312174 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 DANA UKOLOWICZ 106 YATES STREET MOUNT HOLLY SPRINGS, PA 17065-1018 794248 794248 i ff II Its N UTHiOUO jAi, r: 2013 OCT 21 AM IO: 10 ';UMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman @phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A., AS SUCCESSOR • Court of Common Pleas BY MERGER TO BAC HOME LOANS : SERVICING, LP F/K/A COUNTRYWIDE HOME : Civil Division LOANS SERVICING, LP Plaintiff • CUMBERLAND County vs. No.: 13-1086-CIVIL DANA UKOLOWICZ Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 9, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. DANA UKOLOWICZ 106 YATES STREET MOUNT HOLLY SPRINGS,PA 17065-1018 Phelan Hallina', LP DATE: licif " B :, O i N .309519 ison F. I��erm , Esq., Id. o Attorney for P :• tiff 794248 • } PHELAN HALLINAN,LLP Attorney for Plaintiff John Michael Kolesnik,Esq.,Id.No.308877 'f^�Y3 1617 JFK Boulevard, Suite 1400 co �� One Penn Center Plaza ,c' " Philadelphia,PA 19103 C' John.Kolesnik @phelanhallinan.com - 215-563-7000 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA BANK OF AMERICA,N.A.,AS SUCCESSOR BY CUMBERLAND COUNTY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS COURT OF COMMON PLEAS SERVICING,LP Plaintiff, CIVIL DIVISION v. No.: 13-1086-CIVIL DANA UKOLOWICZ 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 h• e • a'ibit"A". e#,/ Jo - '� hael Kolesnik,Esq.,Id.No.308877 torney 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#794248 o ri 111 Name and Phelan Hallman,LLP O r Address 1617 JFK Boulevard,Suite 1400 Of Sender One Penn Center Pine w 4A Philadelphia,PA 19103 AZK/CET-12/04/2013 SALE d '�y `,Line Article Number Name of Addressee,Street,and Post OMTice Address Postage mi:n 1 •••• TENANTiOCCUPAN'i 106YATESSTREET . 50.45 Nos,MOUNT HOLLY SPRINGS,PA 17065.1018 2 •••• Commonwealth of Pennsylvania Bureau orIndnldual Taxes laheritante Tax Oietston 30.43 17,4t:: •"Ah Floor,Strawbeny Sq.Dept 260601 ', ,�§.. i ex Harrisburg.PA 17128 3 a••• Cumberland County Adult Probtation 8645 I Courthouse Square 'n.,e- l;arture,PA 17013-3347 a i •- 4 •••• Department of Public Welfare,TPL Casualty Urit,Esiais Rs:cowry Program 3645 P.O.Box 6486 Wiliam Oak Rniidtag dull lsborg.rA 17105 5 •••• REAEVELOPAMENT AUTHORITY OF THE COUNTY OF CUMBERLAND - .- 114 NORTH HANOVER STREET SOAS ' CARLISLE,PA 17113 ` : . 6 •••• Domcntic Retadtnn of 50.45 n Cumberland County { tZ�M 13 North Dana art Strum • +K/ Counnia we lth 17013 of 7 '••• Commonwealth of Pennsylvania 5645 Department of Welfare P.O.BOX 2015 Haer6bu.1,PA 17105 S ••1• internal Revenue Saralee Adrlaory $645 1000 Liberty Avenue Rams 704 s Pittsburgh.PA 15222 9 •••• U.S.Department ofimutlee 5645 US.Attorney for the Middle Dtitrid of PA Sadenl Building 228 Walnut Street,Suite 220 a PO lior 11764 Hatriehu g,PA t7l081754 _ (CF7M8FRT ) P1103794?4802T'` °Pstie 7:IT t " °4prtt"Ttam --—:$4:05 Taal Nonarr of Total N.mtcr or Phone Portnanrn,Pee(None of air he declaration of value h enquired en all domestic end inrnatien.l eekf.teml roil.The m..imun to.mtitypayable Pieces Liend by Seeds, Received al POs:Oirac OceAine Employed row the reconspuedon of onneaaisbk documents older Emus/Ail document reamtxuctiunimuranx is S30.tXU per piece subject to a limit of 5500.000 pat occonente.The manta=indemnity payable on Storms Moil nerchadise is 5500. Tee mssimum mammy papbk is 123,000 Toe seginemi anti.yen wi0.4n10ral lasunnee.See Donrsth Mull Mahal MO 2013 sod nest for lioduaiou curconee.pn. Form 3877 Facsimile I I',1. .l i elJIjIJ i11'0l 2013 NOV 14 AM 10: 05 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., 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.: 13-1086-CIVIL DANA UKOLOWICZ Defendant MOTION TO MAKE RULE ABSOLUTE BANK OF AMERICA,N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 4, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 24, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the 794248 Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued on October 9, 2013 directing the Defendant 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 18, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of October 29, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Phelan Hallinan, LLP DATE: i`//'//.3 By: John D. ohn, Esq., Id.No.312244 Attorney for Plaintiff 794248 . . . Exhibit "A" 794248 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 24,2013 DANA UKOLOWICZ 106 YATES STREET MOUNT HOLLY SPRINGS,PA 17065-1018 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. DANA UKOLOWICZ Premises Address: 106 YATES STREET MOUNT HOLLY SPRINGS,PA 17065 CUMBERLAND County CCP,No. 13-1086-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), am seeking your concurrence with the requested relief that is, increasing the amount of the judgment.Please respond to me within 5 days,by 9/30/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, / Jonathan Lobb,Esq., Id.No.312174 Attorney for Plaintiff Enclosure 794248 . . Exhibit "B" 794248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA,N.A., AS SUCCESSOR Court of Common Pleas BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME Civil Division LOANS SERVICING, LP Plaintiff CUMBERLAND County v No.: 13-1086-CIVIL DANA UKOLOWICZ Defendant RULE AND NOW,this day of_. _ „ 'L 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT is or - ir ,. , . J. - , '_ rG 7:-i -; ",1°..�. .,.< cc' 794248 Jonathan Lobb,Esq.; Id.No.:312173 Phelan liallinan,LLP 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19101 TEL: (215)563-7000 FAX: (215)563-3459 DANA 1_11(0.1..,OWICZ 106 YATES STREET 1\40UNT HOLLY SPRINGS, PA 17065-1018 794248 • 794248 • FILED-tOFFICE OF THE PROTHONOTARO • NO OCT 2f--AK10i CUMBERLAND COUNTY PENNSYLVANIA • Fiia IsWaSe Phelan Hallinan,LLP Allison F.Zuckerman, Esq.,Id.No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A.,AS SUCCESSOR Court of Common Pleas BY MERGER TO BAC HOME LOANS • SERVICING,LP F/K/A COUNTRYWID : Civil Division LOANS SERVICING,LP py abtuft •• _ _ Plaintiffe CUMBERLAND County vs. • No.: 13-1086-CIVIL DANA UKOLOWICZ Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 9,2013 Rule directing the Defendant to show cause as to why PI ' ! yon to Reassess Damages should not be granted was served upon the following iRRidual on the date indicated below. DANA UKOLOWICZ 106 YATES STREET MOUNT HOLLY SPRINGS,PA 17065-1018 Phelan Hallin. •, LP DATE: O B : l ( AMionF. P' rm.. ,Esq.,Id.No.309519 Attorney for P . tiff 794248 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A., 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.: 13-1086-CIVIL DANA UKOLOWICZ Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. DANA UKOLOWICZ 106 YATES STREET MOUNT HOLLY SPRINGS, PA 17065-1018 Phelan Hallinan, LLP DATE: ill?/I3 By: John D. hn, Esq., Id. No.312244 Attorney for Plaintiff 794248 FILED-0FFICE "1 OF THE PROTHONOTARY 2013 NOY 20 AM 9-, 40 CUMBERLAND COUNIFY 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.: 13-1086-CIVIL DANA UKOLOWICZ Defendant ORDER AND NOW, this day of �(/o-� G�, 2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $100,777.46 Interest Through September 12, 2013 $15,116.70 Legal fees $1,725.00 Cost of Suit and Title $800.35 Property Inspections $15.00 Suspense/Misc. Credits ($1,406.36) TOTAL $117,028.15 794248 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. c£s Mal �. (�o�ocJicZ Il�ao�l3 794248 Y ^ PHELAN HALLINAN, LLP C f 3 DEC -6 AH 1jt 2 9 Attorney for Plaintiff CUMBERLAND �� 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza PENNSYLVANIA COUNTY Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS CUMBERLAND COUNTY SERVICING, LP F/K/A COUNTRYWIDE HOME COURT OF COMMON PLEAS LOANS SERVICING, LP CIVIL DIVISION Plaintiff NO. 13-1086-CIVIL vs. DANA UKOLOWICZ Defendant AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 1 hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail,return receipt requested,to DANA UKOLOWICZ on SEPTEMBER 24, 2013 in accordance with the Order of Court dated OCTOBER 8, 2013. The property was posted on OCTOBER 13, 2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unswom falsification to authorities. Phelan Hallinan, LLP DATE: y��/ By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS CIVIL DIVISION SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP NO. 13-1086-CIVIL Plaintiff C') P C 4= T V. OR ccnp A-' T A3 DANA UKOLOWICZ as ° s Defendant = a ORDER A AND NOW,this ' -- day of 0="ga! ,2013,after consideration of Plaintiffs Motion for Service of Notice of Sale Pursuant to Special Order of Court,it is hereby: ORDERED that pwm ant to Pa.R.C.P.430(a),service of the Notice of Sale is permitted on Defendant DANA UKOLOWICZ by: ✓ REGULAR MAIL TO DANA UKOLOWICZ at 106 YATES STREET,MOUNT HOLLY SPRINGS,PA 17065-1018 Service by mail is complete upon the date of mailing ✓ CERTIFIED MAIL TO DANA UKOLOWICZ at 106 YATES STREET,MOUNT HOLLY SPRINGS,PA 17065-1018 Service by mail is complete upon the date of mailing POSTING 106 YATES-STREET,MOUNT HOLLY SPRINGS, _ PA 17065-1018 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P.3129.2(D). ti BY THE COURT: J. PH#794248 CC PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 DANA UKOLOWICZ 106 YATES STREET,MOUNT HOLLY SPRINGS,PA 17065-1018 \3.110 u r/ ,s,��/�i�/ �r�i' r� ka..-:-• ��„' x ,y N�� . � 'y'z �' �,, a�ri� Z��'�i/ ° 'x � /� will / A 4 N w a c a r r, v _ w Y . fill AW CIO MAS rr>ti �� `a F`__ YW� fi.w k �''_*�" k �,�' �� a s °�✓ u�tax/ � z /irsr kx az 4 � y r r/yi z „': /� airy : ,,r \ r y ri. Yz\ its PH G. ii sew ... r , e� > t \ \Y✓.� A �7/ � � > r.,.,,' y`� ? , s j'> Fi -. �% z irk „ // i �,. r.,'. ,� a�+�"{'✓z�/,/'/cif'/c�°, ✓�. ,f �/ -s.: >/ ��° 1 /r 5i7�f%/f/�" r�� %// 6/ l✓oii z � K \'`.r �`: ,� : r��°``'�'� �y �`K s /ham ¢ low MR mis ONE x, ry✓ rF✓ ''d ac3,. r Elmsx MO r z i /l�i✓"/`i,��/�//° �0 z y i rY? r.✓ 5 .F9 ri,�✓ 's i/ Va WM.' r✓,i% r l e z r r�' \ ri/lsy r kr w. fly NIK y. Mrk fill 7178 2417 6099 0147 5949 SPL/794248 DANA UKOLOWICZ 106 YATES STREET MOUNT HOLLY SPRINGS, PA 17065-1018 --fold here(regular) --fold here(6x9) --fold here(regular) USPS.com® -USPS TrackingTM Page 1 of 2 English Customer Service USPS Mobile Register f Sign In "Uar P it Search USPS.com or Truk Packaoes Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions Customer Service> USPSTracking TM Have questions?We're here to help. Tracking Number:71782417609901475949 Scheduled Delivery Day:October 12,2013 Product & Tracking Information Available Options Postal Product: Features: Return Receipt Electronic First-Class Mails Certified Mail ONE November 8,2013,11:29 Delivered PHILADELPHIA,PA 19103 am November 7,2013,11:36 Available for Pickup PHILADELPHIA,PA 19103 am November 7,2013,12:10 Processed through PHILADELPHIA,PA 19176 am USPS Sort Facility November 5,2013,1:30 Processed through LANCASTER,PA 17604 pm USPS Sort Facility November 3,2013,5:25 Processed through LANCASTER,PA 17604 pm USPS Sort Facility October 31,2013.8:21 Unclaimed MOUNT HOLLY am SPRINGS,PA 17065 October 16,2013,8:13 Available for Pickup MOUNT HOLLY am SPRINGS,PA 17065 October 15,2013,2:51 Notice Left MOUNT HOLLY pm SPRINGS,PA 17065 October 15,2013,8:01 Out for Delivery CARLISLE,PA 17013 am October 15,2013,7:51 Sorting Complete CARLISLE,PA 17013 am October 14,2013,3:30 Arrival at Unit CARLISLE,PA 17013 pm October 12,2013 Depart USPS Sort HARRISBURG,PA 17107 Facility October 12,2013,4:24 Processed through HARRISBURG,PA 17107 am USPS Sort Facility October 11,2013,2:40 Processed through HARRISBURG,PA 17107 pm USPS Sort Facility October 11,2013 Depart USPS Sort PHILADELPHIA,PA 19176 Facility October 10,2013,9:56 Processed at USPS PHILADELPHIA,PA 19176 pm Origin Sort Facility October 10,2013,8:41 Accepted at USPS PHILADELPHIA,PA 19103 pm Origin Sort Facility https://tools.usps.com/go/TrackConfimiAction.action?tLabels=71782417609901475949 12/2/2013 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#794248 HOME LOANS SERVICING,LP DEFENDANT SERVICE TEAM/lxh DANA UKOLOWTCZ COURT NO.:13-1086-CIVIL SERVE DANA UKOLOWICZ AT: TYPE OF ACTION 106 YATES STREET XX Notice of Sheriff's Sale MOUNT HOLLY SPRINGS,PA 17065-1018 SALE DATE: December 4,2013 **PLEASE POST THE PROPERTY PER COURT ORDER" SERVED !!�� ved and mad known to DANA UKOLOWiCZ,Defendant on the�Jday of °,20 �3,at ,o'cloc>i.M.,at (Cr (�'�=r in the manner described below: Defendant ersonally served. _....._Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence:who refused to give name or relationship, Manager/Clerk of place of lodging in which Defendant(s)reside(s). _.._Agent or person in charge of Defendant's office or usual place of business. no X*( said Defendant's company. Other: Description: Age Height Weight Race........._..,-_ Sex-Other Other m _ 1, At-X�UNrar OC-��.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: 4? , 2-M 3 NAME: PRINTED NAME: M,, eGtJt-- P7C(e- v TITLE: 1.04 ES SS2(AV_1't' NOT SERVED On the dayy of 20_,at o'clock_.M.,I, _,a competent adult hereby state thatl'SeTendant NOT UN OT _..... _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:, ._ _..e_.__.............................__......._...--- PRINTED NAME: ._......_........ ATTORNEY FOR PI.A.INTIFF Phelan Hallinan,LLP 1617 IFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 ' 1 Ronny R Anderson' Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY rj i` 1.1-1E of trarafu .., ' 2Z114 APR Z4 Pti Z: CUMBERLAND COUNTY pENNSYCVANIA Bank of America, N.A. vs. Dana Ukolowicz Case Number 2013 -1086 SHERIFF'S RETURN OF SERVICE 10/01/2013 08:17 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 106 Yates Street, Mount Holly Springs, PA 17065, Cumberland County. 10/22/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Dana Ukolowicz, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 106 Yates Street, Mt. Holly Springs, PA 17065, property appears vacant, per neighbor at 108 Yates Street, the defendant moved approximately 3 months ago to Buffalo New York, post office states that mail is still delivered there. 12/04/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/5/2014 02/05/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County PA on February 05, 2014 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Attorney Joseph Schalk on behalf of Bank of 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: $820.39 SO ANSWERS, March 25, 2014 c) CountySu:te Sneriif, Telecscft, inc. RONKIS' R ANDERSON, SHERIFF Woo alcc . eo. 04 3 ©4''9; On August 22, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Mount Holly Borough, Cumberland County, PA, Known and numbered as, 106 Yates Street, g Mount Holly Springs, as Exhibit "A" filed with this Cr ti `-I writ and by this Reference incorporated herein. Date: August 22, 2013 By: _Cu. -- Real Estate Coordinator LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2013 -1086 Civil Term BANK OF AMERICA, N.A. vs. DANA UKOLOWICZ Atty.: Joseph Schalk By virtue of a Writ of Execu- tion No. 13- 1086 - CIVIL, BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP f /k /a COUNTRY- WIDE HOME LOANS SERVICING, LP v. DANA UKOLOWICZ owner(s) of property situate in MT. HOLLY SPRINGS BOROUGH, CUMBER- LAND County, Pennsylvania, being 106 YATES STREET, MOUNT HOLLY SPRINGS, PA 17065 -1018. Parcel No. 23 -35- 2316 -012. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $114,912.26. 128 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. isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 25 da of October, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. 2020 Technology Pkwy Suite 300 • Mechanicsburg, PA 17050 Inquiries - 717 -255 -8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the atriot- 1ews 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. PUBLICATION COPY 2013 -1086 Civil Term BANK OF AMERICA, N.A. vs. DANA UKOLOWICZ Atty: Joseph Schalk By virtue of a Writ of Execution No. 13- 1086 -CIVIL BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP v. DANA UKOLOWICZ owner(s) of property situate in MT HOLLY SPRINGS BOROUGH, CUMBERLAND County, Pennsylvania, being 106 YATES STREET MOUNT HOLLY SPRINGS, PA 17065 -1018 Parcel No. 23 -35- 2316-012 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $114,912.26 This ad ran on the date(s) shown below: 10/13/13 10/20/13 10/27/13 Swor to a d subscribed before me this 11 day of November, 2013 A.D. IP blic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp,, Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOOAT10N 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 Dana Ukolowicz is the grantee the same having been sold to said grantee on the 5th day of February A.D., 2014, under and by virtue of a writ Execution issued on the 9th day of August, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 1086, at the suit of Bank of America N A successor by merger to BAC Home Ln Ser LP FKA Countrywide Home Lns Ser LP against Dana Ukolowicz is duly recorded as Instrument Number 201408345. IN TESTIMONY WHEREOF, I have hereunto set my hand 02 4( day of and seal of said office this , A.D. (20/p Recorder of Deeds Recorder o eeds, Cumberland County, Carlisle, PA My Commi sion Expires the First Monday of Jan. 2018