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HomeMy WebLinkAbout13-1277 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson FILLC-O FIC-L Sheriff ; TNF PROT CNOTr`AP 'f Craar�F�,t~�,�.�rlb Jody S Smith Chief Deputy 4 2013 MAR 2a AM 9' 5 Richard W Stewart CUMBERLAND COUNTY Solicitor OFFICE OF THr-HFRIF= PENNSYLVANf A Bank of America, N.A. Successor by Merger to BAC Home Loans Servicing, Case Number vs. Derek Phillips (et al.) 2013-1277 SHERIFF'S RETURN OF SERVICE 03/14/2013 08:16 PM-Deputy Ryan Burgett, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program&Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Christina Phillips,wife of defendant,who accepted as"Adult Person in Charge"for Derek Phillips at 1 Jane Lane, North Middleton, Carlisle, PA 17013. RYAN BURGETT, DEP 03/14/2013 08:16 PM Deputy Ryan Burgett, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program&Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Christina Phillips at 1 Jane Lane, North Middleton, Carlisle, PA 17013. RYAN BURGETT, DEP SHERIFF COST: $50.00 SO ANSWERS, March 15, 2013 RON R ANDERSON, SHERIFF (c):ou,NVSUite ahenff:Telecso'!.. 7f I-Ir tr 0 THONjo I ; ,y 2013 JUN 26 PM 2. 6 CU{IBERLA,I D COUNTY PHELAN HALLINAN, LLP PENNSYLVANIA 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/KJA COUNTRYWIDE HOME LOANS SERVICING, LP Civil Division 7105 CORPORATE DRIVE PLANO, TX 75024 Tenn Plaintiff No. 2013-1277-Civil V. Cumberland County DERRICK PHILLIPS CHRISTINA PHILLIPS 1 JANE LANE CARLISLE, PA 17013-1035 Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, Bank of America, N.A., Successor (hereinafter "Plaintiff'), by its attorney, . Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On March 8, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due November 1, 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 14, 2013, Plaintiff completed service on Defendants of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice. A true and correct copy of the Affidavit of Service is 301646 attached hereto, made part hereof and marked as Exhibit B. 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendants failed to opt into the Cumberland County.Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendants have opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HALLINAN, LLP Date: ' BY: C\ os ph Schalk, Esquire Att rney for Plaintiff 301646 Exhibit A 301646 i C3 Q "fi CD V PS I PHELAN HALLINAN,LLP Jonathan Lobb,Esq.,Id.No.312174 1617 7FK Boulevard,Suite 1.400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19.103 215-563-7000 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. I �'!Jig CGr/l� V. • CUMBERLAND COUNTY DERRICK PHILLIPS CHRISTINA PHILLIPS 1 JANE LANE CARLISLE,PA 17013-1035 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE V,N04- GOPY File#. 301646 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 r 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, TI•IIS 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 (7.17)249-3166 _ (800)990-9108 Pile u: 301640 ]. 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; DERRICK PHILLIPS CHRISTINA PHILLIPS 1 JANE LANE CARL,IS.LE,'PA 17013-1035 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3:, On 10/22/2009 DERRICK PHILLIPS and CHRISTINA PHILLIPS made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR BANK OF AMERICA,N.A. which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200938140. By Assignment of Mortgage recorded 02/10/2012 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment.of Mortgage Instrument No. 201204156.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4, The premises subject to said mortgage is described as attached. 5, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/0 1/201 l and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified File q: 301646 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 01/25/2013: Principal Balance $183,676.47 Interest $14,694.08 10/01/2011 through 01/31/2013 Late Charges $846.24 Property Inspections $15.00 Title Costs $250.00 Escrow Deficit $3.866.08 TOTAL $203,347.87 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in banknuptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s)set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff 6r 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 F1-IA-insured. t'ile H: 30164ki WHEREFORE., Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $203,347.87, 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 • B J0&" aan Lobb, Esq., Id. No.312114 ey for Plaintiff Hutt: 301646 LEGAL DESCRIPTION CASE# : PA4419368159703 DOC ID 9 : 00021052938410009 All that certain lot tract or parcel of land and premises, situate, living and being in the township of North Middleton, in the County of Cumbrland and Commonwealth of Pennsylvania., more particularly described as follows: Being Lot No. 31 on the plan of Section 9 of Noll Manor as recorded in the office of the recorder of deeds for Cmmerland County in Plan .Hood 24, Page 104; k containing 79.80 feet along the south along Jane lane. P. ID#29016010960046 PROPERTY ADDRESS: 1 JANE LANE,CARLISLE, PA 17013-1035 PARCEL#29-16-1096-046. File Yt 301646- V ERI)f~ICA'TION hereby states thatCl %she is�iS11.SYany V�C��!e1i�erS�o1 BANK OF AMERICA,N.A.,Plaintiff in this matter, that(rG)she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of 61her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. See. 4904 relating to unsworn falsification to authorities. 14ame: 7-tMC S M- h-lnjefwr`f DATE: -- Title: A3)/'5Tt^� Vrur' Pl2s1::[rAtY' BANK OF AMERICA,N.A. File#: 301646 Name: PHILLIPS rile f1: 301646 ALR.e P.205.5 Updated 0l/01/2011 FORM I IN THE COURT OF COMMON PLEAS BANK OF AMERICA,N.A,,.AS SUCCESSOR OF CUMBERLAND COUNTY,PENNSYLVANIA BY MERGER TO BAC HOME LOANS SERVICING,LP F/ICIA COUNTRYWIDE HOME LOANS SERVICING,LP Plaintiff(s) vs. DERRICK PHILLIPS CHRISTINA PHILLIPS Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. i 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 vou. 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 oil your behalf If you and your legal representative complete.a financial worksheet in the format attached hereto,the legal representative will prepare and a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and,a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference.It is not necessary for you to contact Mid'Penn Legal Service for the appointment of a legal representative. However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and-file a Request for'Conciliation Conference with the Court,which must be filed within sixty(60)days of the service upon you of the foreclosure complaint.If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date onathan- Lobb,Esq.,Id. No:312174 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: CUSTUNI ER/111111 MARY APPLICANT � P 7 Borrower name(s): Property Address: City: 5tate:. ;_. Zip: Is the property for sale? Yes[] No Listing date;" Price: $ Realtor Name: _ Realtor Phone: Borrower Occupied? Yes No Mailing Address(if different): City: State: Zip: t Phone Numbers: Horne: Office: Cells Other: ' Email: #of people in household: How long Mailing Address: City: State: Zip: _.. Phone Numbers: IHoime Office: Cell: Other: _ Email: #of people in household; How long? FJNANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed.Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ . Included Taxes&Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes F-1 No If yes,provide names,location of court, case.number&•attorney: .- Assets Aniount.Ow.ed Value: IIome: $ $ _ Other Real Estate: $ $ . Retirement Funds: $ $ Investments: $. $ Checking: $ $ Savings: Other: '$ $ Automobile#1: Model: Year: Amount owed,: Va'!ue Automobile#2.::Model;; Year: Amount owed: Value: Other transportation(automobiles, boats,motorcycles): Model; Year.: . Amount owed: . Value - Monthly Income Name of Employers: I.- Monthly Gross Monthly Net . 2. _ ._. Monthly Gross 'Monthly Net, - 3, _ -. Monthly Gross ,Monthly Net Additional Income Description(not wages): L. .. iyio II amount: 2! moiW ly amount: i. Borrower Pay Days: Co-13on6wct Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT: EXPENSE AMOUNT Mort a e ' Food .. 2"_Mortgage:-.-. iJt.ilities Car.Pa ment(s Condo/Neigh.Fees Auto Insurance Med.,, not covered)- Auto fuel/repairs; Other prop...a menu Install, Loan Payment Cable TV Child Support/Alien.. :Spending Money Day/Child Care/Tuit. Other Ex erases 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 Fj If yes, please indicate the status of the application Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes❑ No❑ If yes,please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact(Name).:— Phone:. Servicing Company(Name): Contact: Phone: AUTHORIZATION I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that Uwe am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following informatibn 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)- . OF i i Z L L f Exhibit . B 301646 . I SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff � �ps���t�'of�uor�brr(lijd Jody S Smith Chief Deputy r � Richard W Stewart -t^ Solicitor Os FICE OF THE r2I4ERIrr Bank of America,N.A. Successor by Merger to BAC Home Loans Servicing, Case Number vs. Derek Phillips(et al.) 2013-1277 I SHERIFF'S RETURN OF SERVICE i 03114/2013 08:16 PM-Deputy Ryan Burgett, being duly sworn according to law,served the requested Notice of i Residential Mortgage Foreclosure Diversion Program&Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Christina Phillips,wife of defendant,who accepted as"Adult Person in Charge"for Derek Phillips at 1 Jane Lane,North Middleton,Carlisle,PA 17013. RYAN BURGETT,DEP 03/14/2013 08:16 PM-Deputy Ryan Burgett, being duly swom according to law,served the requested Notice of Residential Mortgage Foreclosure Diversion Program&Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Christina Phillips at 1 Jane Lane, North Middleton, Carlisle, PA 17013. RYAN BURGETT, DEP' SHERIFF COST: $50.00 SO ANSWERS,' March 15,2013 ROANDERSON, SHERIFF i { I (c)OwntySiA{e Shent(7eteosoh.Inc, 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 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. 2013-1277-Civil Plaintiff V. Cumberland County DERRICK PHILLIPS CHRISTINA PHILLIPS 1 JANE LANE CARLISLE,PA 17013-1035 Defendants CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: DERRICK PHILLIPS CHRISTINA PHILLIPS 1 JANE LANE CARLISLE,PA 17013-1035 Date: 2 a1 By: ,16s—e4h It Schalk, Esquire �; Attor ley for Plaintiff 301646 1 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 SERVICING, LP Civil Division 7105 CORPORATE DRIVE PLANO, TX 75024 Term Plaintiff No. 2013-1277-Civil V. Cumberland County DERRICK PHILLIPS CHRISTINA PHILLIPS 1 JANE LANE CARLISLE, PA 17013-1035 Defendants ORDER AND NOW, this 2 71' day of q�sj'V� , 2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY THE COURT: �' • s�- f k J. -Tj 3z w t7i:rrrn C , Y L-/ae/a ` C-) --) Z p C co 301646 4 W co CC: Derrick and Christina Phillips 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 DERRICK PHILLIPS CHRISTINA PHILLIPS 1 JANE LANE CARLISLE, PA 17013-1035 �. i 301646 • PHELAN HALLINAN, LLP Attorney for Plaintiff Emily M. Phelan, Esq., Id. No.315250 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 emily.phelan@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 • r�t� vs. No. 13-1277-CIVIL �= DERRICK PHILLIPS - c-) CHRISTINA PHILLIPS °'' ;c 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 DERRICK PHILLIPS and CHRISTINA PHILLIPS, Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $203,347.87 TOTAL $203,347.87 I hereby certify that (1) the Defendants' last known address is 1 JANE LANE, CARLISLE, PA 17013 1035, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date I (i7/14 Emily M. Phelan, Esq., Id. No.315250 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ALS419 PII#7')•a08 PROTHONOTARY cowl ■Lo . Pc10/1-11 CLtf / 3 795408 p.ict `3b10.33 V\36-1) .1nra. cd PHELAN HALLINAN,LLP Attorney for Plaintiff Emily M. Phelan, Esq., Id. No.315250 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 emily.phelan@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. 13-1277-CIVIL DERRICK PHILLIPS CHRISTINA PHILLIPS AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant DERRICK PHILLIPS is over 18 years of age and resides at 1 JANE LANE, CARLISLE, PA 17013-1035. (c) that defendant CHRISTINA PHILLIPS is over 18 years of age and resides at 1 JANE LANE, CARLISLE, PA 17013-1035. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date ( /21/I1( Phelan Hallinan, LLP Emily M. Phelan, Esq., Id. No.315250 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 795408 Department of Defense Manpower Data Center Results as of:Jan-29-2014 12:07:42 AM SCRA 3.0 t gi x a t l Status Report Pursuant to Senticemembers Civil Relief Act Last Name: PHILLIPS First Name: DERRICK Middle Name: Active Duty Status As Of: Jan-29-2014 On Active Duty On Active Duty Status Data Active Duty Start Date Active Duty End Date Status ' Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Data Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. ir e Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Jan-29-2014 12:07:50 AM SCRA 3.0 f m 0. tad status Report ° Pursuant to Servicemiembers Civil Relief Act Last Name: PHILLIPS First Name: CHRISTINA Middle Name: Active Duty Status As Of: Jan-29-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA :No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. YA. 1 Tp. 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. 13-1277-CIVIL DERRICK PHILLIPS . CHRISTINA PHILLIPS . Notice is given that a Judgment in the above captioned matter has been entered against you on \ 3b \If . jai i w By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Emily M. Phelan, Esq., Id. No.315250 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 795408 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. 13-1277-CIVIL Plaintiff v, CUMBERLAND COUNTY DERRICK PHILLIPS CHRISTINA PHILLIPS Defendant(s) TO: DERRICK PHILLIPS 1 JANE LANE CARLISLE,PA 17013-1035 DATE OF NOTICE: 1,415 I THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE TILE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: ! y E Rh1'v NI. Phelan, Esq., Id. No.315250 Attorney for Plaintiff Phelan Hallman,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PEI#795408 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. 13-1277-CIVIL Plaintiff v. CUMBERLAND COUNTY DERRICK PHILLIPS CHRISTINA PHILLIPS Defendant(s) TO: CHRISTINA PHILLIPS 1 JANE LANE CARLISLE,PA 17013-1035 DATE OF NOTICE:_ / 10)fib/ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By Emily M.Phelan,Esq., Id.No.315250 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PH#795408 PRAEC PE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 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. DERRICK PHILLIPS CHRISTINA PHILLIPS Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 01/31/2014 to Date of Sale ($33.43 per diem) TOTAL Note: Please attach description of property. PH # 795408 to LLP Michael Kolesnik, Esq., Id. No.308877 'ttorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13-1277-CIVIL CUMBERLAND COUNTY $203,347.87 $4,178.75 $207,526.62 btu b LC rn-12-0 gtk d")-33 p c6 TJiutecl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA y * 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. DERRICK PHILLIPS CHRISTINA PHILLIPS Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: Phelan IjRllinfi, LLP John ichael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff Address where papers may be served: DERRICK PHILLIPS 1 JANE LANE CARLISLE, PA 17013 -1035 CHRISTINA PHILLIPS 1 JANE LANE CARLISLE, PA 17013 -1035 LEGAL DESCRIPTION ALL that certain lot tract or parcel of land and premises, situate, lying and being in the Township of North Middleton, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEING Lot No. 31 on the Plan of Section 9 of Noll Manor as recorded in the Office of Recorder of Deeds for Cumberland County in Plan Book 24, Page 104; containing 79.80 feet along the South along Jane Lane, containing a length of 20.31 feet along the curve leading to Mary Lane, having a depth along the West along Mary Lane on said plan of 115.93 feet, having a depth along the East along Lot No. 32 on said Plan of 125 feet, and having a width in the rear along the North along Lot No. 30 on said plan of 119.39 feet. SUBJECT, NEVERTHELESS, to the Building and Use Restrictions and utility easements as recorded with said Plan. TITLE TO SAID PREMISES IS VESTED IN Derrick Phillips and Christina Phillips, h/w, by Deed from George A. Anastos, widower, dated 08/28/2008, recorded 09/25/2008 in Instrument Number 200832462. PREMISES BEING: 1 JANE LANE, CARLISLE, PA 17013-1035 PARCEL NO. 29-16-1096-046. • PHELAN HALLINAN, LLP • - ' t John Michael Kolesnik, Esq., Id. No.308877° - "u 1 H" " i�. 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza 20Itl FEAR —6 Ate �! Philadelphia, PA 19103 CUMBERLAND COUNTY John.Kolesnik @phelanhallinan.com PENNSYLVANIA 215 -563 -7000 Attorneys for Plaintiff 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.: 13-1277-CIVIL v. DERRICK PHILLIPS : CUMBERLAND COUNTY CHRISTINA PHILLIPS Defendant(s) CERTIFICATION The undersigned attorney hereby states that he /she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11 -1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Bv: ' re1 Hallinan, LLP John Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/KM COUNTRYWIDE HOME LOANS SERVICING, LP 1 laintiff V. DERRICK PHILLIPS CHRISTINA PHILLIPS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13- 1277 -CIVIL CUMBERLAND COUNTY 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 JANE LANE, CARLISLE, PA 17013 -1035. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) DERRICK PHILLIPS CHRISTINA PHILLIPS 2. Name and address of Defendant(s) in the judgment: Name DERRICK PHILLIPS CHRISTINA PHILLIPS 1 JANE LANE CARLISLE, PA 17013 -1035 1 JANE LANE CARLISLE, PA 17013 -1035 Address (if address cannot be reasonably ascertained, please so indicate) 1 JANE LANE CARLISLE, PA 17013 -1035 1 JANE LANE CARLISLE, PA 17013 -1035 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. PH # 795408 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 • r` None. 7. reasonably ascertained, please indicate) 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 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE, TPL CASUALTY UNIT, ESTATE RECOVERY PROGRAM DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE INTERNAL REVENUE SERVICE ADVISORY U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 1 JANE LANE CARLISLE, PA 17013 -1035 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108 -1754 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 auth• 'ties. Date: WO PH # 795408 By ice. 1. Hallinan, LLP ohn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215 -563 -7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F /K/A COUNTRYWIDE HOME LOANS SERVICING, LP vs. DERRICK PHILLIPS CHRISTINA PHILLIPS : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff : NO.: 13-1277-CIVIL CUMBERLAND C9UNY" gyp" Defendant(s) f -4 C,) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY r27,7°(-)-- =� p© ) C, -Ar 3 TO: DERRICK PHILLIPS CHRISTINA PHILLIPS 1 JANE LANE CARLISLE, PA 17013 -1035 * *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 1 JANE LANE, CARLISLE, PA 17013 -1035 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $203,347.87 obtained by BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215 -563 -7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215 -563 - 7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215 -563 -7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13- 1277 -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. DERRICK PHILLIPS CHRISTINA PHILLIPS owner(s) of property situate in the NORTH MIDDLETON TOWNSHIP, CUMBERLAND County, Pennsylvania, being 1 JANE LANE, CARLISLE, PA 17013 -1035 Parcel No. 29 -16- 1096 -046. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $203,347.87 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL that certain lot tract or parcel of land and premises, situate, lying and being in the Township of North Middleton, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEING Lot No. 31 on the Plan of Section 9 of Noll Manor as recorded in the Office of Recorder of Deeds for Cumberland County in Plan Book 24, Page 104; containing 79.80 feet along the South along Jane Lane, containing a length of 20.31 feet along the curve leading to Mary Lane, having a depth along the West along Mary Lane on said plan of 115.93 feet, having a depth along the East along Lot No. 32 on said Plan of 125 feet, and having a width in the rear along the North along Lot No. 30 on said plan of 119.39 feet. SUBJECT, NEVERTHELESS, to the Building and Use Restrictions and utility easements as recorded with said Plan. TITLE TO SAID PREMISES IS VESTED IN Derrick Phillips and Christina Phillips, h /w, by Deed from George A. Anastos, widower, dated 08/28/2008, recorded 09/25/2008 in Instrument Number 200832462. PREMISES BEING: 1 JANE LANE, CARLISLE, PA 17013 -1035 PARCEL NO. 29-16-1096-046. WRIT OF EXECUTION and /or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13 -1277 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 DERRICK PHILLIPS, CHRISTINA PHILLIPS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he /she has been added as a garnishee and is enjoined as above stated. Amount Due: $203,347.87 L.L.: $.50 Interest FROM 1/31/2014 TO DATE OF SALE ($33.43 PER DIEM) - $4,178.75 Atty's Comm: Due Prothy: $2.25 Atty Paid: $198.75 Other Costs: Plaintiff Paid: Date: 3/6/14 (Steal)— REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215 - 563 -7000 Supreme Court ID No. 308877 David D. Buell, Prothonota rLt Deputy 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 # 795408 HOME LOANS SERVICING, LP DEFENDANT DERRICK PHILLIPS CHRISTINA PHILLIPS SERVE DERRICK PHILLIPS AT: 1 JANE LANE CARLISLE, PA 17013-1035 SERVICE TEAM/ lxh COURT NO.: 13 -1277 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 SERVED Served and made known to DERRICK PHILLIPS, Defendant on the day of 124 t- 20 (4 , at 4 o'clock -p M., at I 'PINE. brNa 1 CA1L 1, ( Stk.(p!} , in the manner described below: _Defendant personally served. V Adult family member with whom Defendant(s) reside(s). Relationship is IN r F _ . 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: rp � C Description: Age 3O C Height 5'3i Weight 16 d Race 14 Sex Other Ronald Moll 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: 4 Q i NAME: PRINTED NAME: Ronald Moll Process Server TITLE: NOT SERVED On the dayof 20 , at o'clock . M., I, , a competent adult hereby state thaendnt NOT FOUND because: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE PH # 795408 HOME LOANS SERVICING, LP DEFENDANT SERVICE TEAM/ Ixh DERRICK PHILLIPS COURT NO.: 13 -1277 -CIVIL CHRISTINA PHILLIPS SERVE CHRISTINA PHILLIPS AT: TYPE OF ACTION 5ti' 1 JANE LANE XX Notice of Sheriff's Sale "Z- 2 CARLISLE, PA 17013-1035 SALE DATE: June 4, 2014 cI� SERVED G�', Served and made known to CHRISTINA PHILLIPS, Defendant on the Q day of +pQ 11_ , 20 i4_, at -X - 4;15, t 4 (S, o'clock M., at 1 TSE L.A ' C SL61 T' , in the manner described below: ;L ✓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 30 S. Height .� 13 Weight (6 D Race W Sex Other Ronald Moll 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. ref DATE: 4/41(4 NAME: PRINTED NAME: Ronald Moll Process Server TITLE: NOT SERVED On the dayof 20 , at o'clock . M:, I, state that 3 endant NOT FOUND because: Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. , a competent adult hereby BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 PHELAN HALLINAN, LLP 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 G 1 Y ' kttdrti�ey for Plaintiff CUMBERLAND COUNTY PENNSYLVANIA 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. DERRICK PHILLIPS CHRISTINA PHILLIPS Defendant(s) CUMBERLAND COUNTY • COURT OF COMMON PLEAS CIVIL DIVISION : No.: 13 -1277 -CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: 6/(5 Adam H. Davis, d- No.203034 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 795408 Name and Address Of Sender Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/RMS - 06/04/2014, SALE Line Article Number Name of Addressee,Street, and Post Office Address 1 TENANT/OCCUPANT 1 JANE LANE CARLISLE, PA 17013-1035 Postage $0.47 2 3 4 5 6 7 Commonwealth of. Pennsylvania Bureau of Individual Taxes Inheritance Tax Division 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 RRRLcK PBJLLIPS (CUMIIERIA ----a° Eagee-1 of 1 Writ.Team` T _ $0.47 $0.47 $0.47 $0.47 $0.47 $0.47 _$3:29 8 Y. Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) The full declaration of value is required oo all donxsiti and international registered mail. The maximum indemnity payable for the rcconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is 550.000 per piece subject to a limit ofS300.000 per occurrence. The maximum indemnity payable on Express Mail merchandise is $500. The maximum indemnity payable is 525.000 for tegistcrcd mail. sent with optional insurance. See Domestic Mail Manual R900 S913 and S921 for limitations of coverage. Farm 3877 Facsimile SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson _PH Er •{ ;"'ICE Sheriff . Ur f HE PROTHONOTARY Jody S Smith Chief Deputy Richard W Stewart Solicitor ti;1S1 at Cali( 01,44 OFFICE F THE LJI!f JUH -2 E1 2:51 CUMBERLAND COUNTY PENNSYLVANIA Bank of America, N.A. Case Number vs. Derek Phillips (et al.) 2013-1277 SHERIFF'S RETURN OF SERVICE 03/24/2014 03:24 PM - Deputy Dennis Fry, 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 1 Jane Lane, North Middleton - Township, Carlisle, PA 17013, Cumberland County. 03/25/2014 05:08 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Derek Phillips, Husband, who accepted as "Adult Person in Charge" for Christina Phillips at 1 Jane Lane, North Middleton, Carlisle, PA 17013, Cumberland County. 03/25/2014 08:08 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Derek Phillips at.1 Jane Lane, North Middleton, Carlisle, PA 17013, Cumberland County. 05/29/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/6/2014 06/02/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $743.66 SO ANSWERS, June 02, 2014 RONI"TY R ANDERSON, SHERIFF acs/0 4o4 3o6w/ (c) aountvSuite S F eriff. iehosoft. Inc. On March 3, 2014 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA, Known and numbered as, 1 Jane Lane, Carlisle, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: March 3, 2014 By: Real Estate Coordinator LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2013-1277 Civil Term Bank of America, N.A. vs. Derek Phillips Christina Phillips Atty.: Joseph Schalk By virtue of a Writ of Execu- tion No. 13 -1277 -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. DERRICK PHILLIPS, CHRIS- TINA PHILLIPS owner(s) of property situate in the NORTH MIDDLETON TOWNSHIP, CUMBERLAND County, Pennsylvania, being 1 JANE LANE, CARLISLE, PA 17013-1035. Parcel No. 29-16-1096-046. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $203,347.87. 93 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: April 18, April 25 and May 2, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this da of Ma 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 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 patriotNews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2013-1277 Civil Term Bank of America, N.A. Vs Derek Phillips Christina Phillips Atty: Joseph Schalk By virtue of a Writ of Execution No. 13 -1277 -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. DERRICK PHILLIPS CHRISTINA PHILLIPS owner(s) of property situate in the NORTH MIDDLETON TOWNSHIP, CUMBERLAND - County, Pennsylvania, being 1 JANE LANE, CARLISLE, PA 17013 -1035 - Parcel No. 29-16-1096-046. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $203,347.87 This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 ubscribed before me this 02 day of May, 2014 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holy Lynn !"'; rf:;!, Notary Pubic Dauphin County My Ce: nun;sVon E7 -'"r -,'s Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Bank of America,N.A.,as Successor by Merger to BAC Home Loans COURT OF COMMON PLEAS Servicing,LP f/k/a Countrywide Home Loans Servicing, LP Plaintiff CIVIL DIVISION V. NO.: 13-1277-CIVIL Derrick Phillips Christina Phillips CUMBERLAND COUNTY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $203,347.87 Interest from 01/31/2014 to Date of Sale $10,263.01 ($33.43 per diem) TOTAL $213,610.88 T Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No203034 Attorney for Plaintiff Note: Please attach description of property. C— ; PH#795408 p") C_J al&r- C) �a �bd � 31 035 iii �� LEGAL DESCRIPTION ALL that certain lot tract or parcel of land and premises, situate, lying and being in the Township of North Middleton, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEING Lot No. 31 on the Plan of Section 9 of Noll Manor as recorded in the Office of Recorder of Deeds for Cumberland County in Plan Book 24, Page 104; containing 79.80 feet along the South along Jane Lane, containing a length of 20.31 feet along the curve leading to Mary Lane, having a depth along the West along Mary Lane on said plan of 115.93 feet, having a depth along the East along Lot No. 32 on said Plan of 125 feet, and having a width in the rear along the North along Lot No. 30 on said plan of 119.39 feet. SUBJECT, NEVERTHELESS, to the Building and Use Restrictions and utility easements as recorded with said Plan. TITLE TO SAID PREMISES IS VESTED IN Derrick Phillips and Christina Phillips, h/w, by Deed from George A. Anastos, widower, dated 08/28/2008, recorded 09/25/2008 in Instrument Number 200832462. PREMISES BEING: 1 Jane Lane,Carlisle,PA 17013-1035 PARCEL NO.29-16-1096-046. PHELAN HALLINAN, LLP _ �''" ��; .Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 = ' E A +; L ca 1617 JFK Boulevard, Suite 1400 le _ One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Bank of America, N.A.,as Successor by Merger to BAC Home Loans COURT OF COMMON PLEAS Servicing, LP f/k/a Countrywide Home Loans Servicing, LP Plaintiff CIVIL DIVISION V. NO.: 13-1277-CIVIL Derrick Phillips Christina Phillips 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, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff 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 Ser g, LP CIVIL DIVISION Plaintiff NO.: 13-1277-CIVIL V. Derrick Phillips CUMBERLAND COUNTY Christina Phillips 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 Jane Lane,Carlisle,PA 17013-1035. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) Derrick Phillips 1 Jane Lane Carlisle,PA 17013-1035 Christina Phillips 1 Jane Lane Carlisle,PA 17013-1035 2. Name and address of Defendant(s)in the judgment: t I- Name Address(if address cannot be reasonably ascertained,please so indicate) T- C Derrick Phillips 1 Jane Lane ;; Carlisle,PA 17013-1035 r� Christina Phillips 1 Jane Lane Carlisle,PA 17013-1035 .w 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. PH#795408 5. Name and address of every other person who has any record lien on the property: %,Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) Tenant/Occupant 1 Jane Lane Carlisle,PA 17013-1035 Commonwealth of Pennsylvania Bureau of 6th Floor,Strawberry Sq. Individual Taxes Inheritance Tax Division Dept 280601 Harrisburg,PA 17128 Department of Public Welfare,TPL Casualty P.O.Box 8486 Unit,Estate Recovery Program Willow Oak Building 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 District of PA PO Box 11754 Federal Building Harrisburg,PA 17108-1754 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: /z By: — 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 PH#795408 tBank of America, N.A., as Successor by Merger to BAC Home COURT OF COMMON PLEAS Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP CIVIL DIVISION Plaintiff NO.: 13-1277-CIVIL VS. CUMBERLAND County Derrick Phillips Christina Phillips Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Derrick Phillips r--` I r: Christina Phillips 1 Jane Lane Carlisle,PA 17013-1035 = -, _7 *"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORM01UN d t'AI4D WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN"NK1RUPTIPY, 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 1 Jane Lane, Carlisle,PA 17013-1035 is scheduled to be sold at the Sheriff's Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$203,347.87 obtained by Bank of America,N.A.,as Successor by Merger to BAC Home Loans Servicing,LP f/k/a Countrywide Home Loans Servicing,LP(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the ,price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-1277-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. Derrick Phillips Christina Phillips owner(s) of property situate in the NORTH MIDDLETON TOWNSHIP, CUMBERLAND County, Pennsylvania, being 1 Jane Lane, Carlisle,PA 17013-1035 Parcel No. 29-16-1096-046 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $203,347.87 Attorneys for Plaintiff Phelan Hallinan, LLP .. .. � � < LEGAL DESCRIPTION ALL that certain lot tract or parcel of land and premises, situate, lying and being in the Township of North Middleton, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEING Lot No. 31 on the Plan of Section 9 of Noll Manor as recorded in the Office of Recorder of Deeds for Cumberland County in Plan Book 24, Page 104; containing 79.80 feet along the South along Jane Lane, containing a length of 20.31 feet along the curve leading to Mary Lane, having a depth along the West along Mary Lane on said plan of 115.93 feet, having a depth along the East along Lot No. 32 on said Plan of 125 feet, and having a width in the rear along the North along Lot No. 30 on said plan of 119.39 feet. SUBJECT, NEVERTHELESS, to the Building and Use Restrictions and utility easements as recorded with said Plan. TITLE TO SAID PREMISES IS VESTED IN Derrick Phillips and Christina Phillips, h/w, by Deed from George A. Anastos, widower, dated 08/28/2008, recorded 09/25/2008 in Instrument Number 200832462. PREMISES BEING: 1 Jane Lane,Carlisle,PA 17013-1035 PARCEL NO.29-16-1096-046. °F c`''a� THE COURT OF COMMON PLEAS i CUMBERLAND COUNTY PA o Z DAVID D.BUELL,PROTHONOTARY " a One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717)240-6195 „59 www.ccpa.net BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOASNS SERVICING,LP Vs. NO 13-1277 Civil Term CIVIL ACTION—LAW DERRICK PHILLIPS CHRISTINA PHILLIPS WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $203,347.87 L.L.: Interest FROM 1/31/2014 TO DATE OF SALE($33.43 PER DIEM)-$10,263.01 Atty's Comm: Due Prothy: $2.25 Atty Paid: $970.91 Other Costs: Plaintiff Paid: Date: 8/28/2014 �� David D. Buell,Prothonota (Seal) Deputy REQUESTING PARTY: Name: ADAM H.DAVIS, ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 203034 PHELAN HALLINAN, LLP 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 Attorney for Plaintiff 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. DERRICK PHILLIPS CHRISTINA PHILLIPS Defendant(s) . No.: 13 -1277 -CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: /07). 7/(fc Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 795408 Name and Phelan Hallinan, LLP Address 1111111 1617 JFK Boulevard, Suite 1400 Of Sender One Penn Center Plaza NF1"R s � � a Philadelphia, PA 19103 AZK/RMS - 12/03/2014 SALE IJiI t .-s .ale. y 3i r r�tl� M +� •.: Line Article Number Name of Addressee, Street, and Post Office Address ,,pst on1 **•* TENANT/OCCUPANT 1JANE LANE CARLISLE, PA 17013.1035 ge % \:_4 `'4 _ , d 2 *•** .Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 $0.47 3 **•* ' Department.of Public Welfare, TPI. Casualty Unit, Estate Recovery Program P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 $0.47 4. *••• Domestic Relations of Cumberland County 13 North 'Hanover Street Carlisle, PA 17013 $0.47 •••* Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 $0.47 6 **.* Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 $0.47 7 •*** �Ilarrisburg, U.S. Department of Justice U.S. Attorney for The Middle .District of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 PA 17108-1754 $0.47 RE: DERRICK PHI ;L•IPS (CUMBERL'ANDj----PH tl'/95408/1021.-- - .,,Page 1 of,1-.---Writ.Team_. ._ . Taal Number of Pens Listed by Sender Fn.•... 1019 C......:...:t Total Number of Patera Received at Poo Olnce Postmaster. Per (Name of Receiving Employee) The full declaration ul value is required on all dorrextir and internationaingkrered nail. The mosienumIndemnity payable Int Ihrreeonsuoelinn of nonnegotiable documents under Fibres, Mail document reconstruction insurance is 350,000 po piece. uhjecl to a hail ors1oo.Imo pts =Grime. The ma+1rnim indemnity peyabk on Eop,u, Mail mereh.o,li, i, 5500. The maaimnm Indemnity payable is 525,003 for regietesed mall, mens with optional Insurance, See Domenic Moil Manual 0900 5713 and 5921 for Ilmitatinm of coverage. E PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME : LOANS SERVICING, LP Plaintiff v. DERRICK PHILLIPS CHRISTINA PHILLIPS Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -1277 -CIVIL 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 Defendants, DERRICK PHILLIPS and CHRISTINA PHILLIPS, by certified mail and regular mail to DERRICK PHILLIPS at 1 JANE LANE, CARLISLE, PA 17013-1035, and CHRISTINA PHILLIPS at 1 JANE LANE, CARLISLE, PA 17013-1035 and posting 1 JANE LANE, CARLISLE, PA 17013- 1035 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 3, 2014. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendants be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendants, DERRICK PHILLIPS and CHRISTINA PHILLIPS, with the Notice of Sale at the mortgaged premises, 1 JANE LANE, CARLISLE, PA 17013-1035, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". The property was found to be vacant. 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 5. In addition to traditional sources, the above investigation searched numerous internet websites including LexisNexis, the social security death index, and WhitePages.com using the defendant's/defendants' social security number where possible in attempt to locate the defendant(s). 6. Plaintiff contacted the Prothontary's Office and as of October 27, 2014, no Judge has previously entered a ruling in this case. (If there was already ruling on this case we must change this verbiage. Please add something along these lines, In compliance with CUMBERLAND County Local Rule 208.3(a)(2), Plaintiff avers that Judge entered an order for dated ). 7. 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 Defendants on OCTOBER 30, 2014 and requested Defendants' concurrence. Plaintiff did not receive any written response from the Defendants. A true and correct copy of Plaintiffs OCTOBER 30, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 8. Plaintiff submits that it has made a good faith effort to locate the Defendants, DERRICK PHILLIPS and CHRISTINA PHILLIPS, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendants in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to DERRICK PHILLIPS at 1 JANE LANE, CARLISLE, PA 17013-1035, and CHRISTINA PHILLIPS at 1 JANE LANE, CARLISLE, PA 17013-1035 and posting 1 JANE LANE, CARLISLE, PA 17013-1035 and by publication. Phelan Hallinan, LLP DATE: /0 Pii‘fBy: Adam H. H. Davis, Esquire Bar ID No: 203034 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FIKIA COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff v. DERRICK PHILLIPS CHRISTINA PHILLIPS Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -1277 -CIVIL 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 Defendants 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 Defendants, DERRICK PHILLIPS and CHRISTINA PHILLIPS, are unknown, a reasonable investigation of their 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 Defendants 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 Defendants in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to DERRICK PHILLIPS at 1 JANE LANE, CARLISLE, PA 17013-1035, and CHRISTINA PHILLIPS at 1 JANE LANE, CARLISLE, PA 17013-1035 and posting 1 JANE LANE, CARLISLE, PA 17013-1035 and by publication pursuant to PA.R.C.P. 3129.2. DATE: /(770// Phelan Hallinan, LLP By:$`/� �l Adam H. Davis, Esquire Bar ID No: 203034 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/KJA COUNTRYWIDE HOME : LOANS SERVICING, LP Plaintiff V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -1277 -CIVIL DERRICK PHILLIPS CHRISTINA PHILLIPS Defendants CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service ofNotice 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. DERRICK PHILLIPS 1 JANE LANE CARLISLE, PA 17013-1035 CHRISTINA PHILLIPS 1 JANE LANE CARLISLE, PA 17013-1035 DATE: iimiN Phelan Hallinan, LLP By: Adam H. Davis, Esquire Bar ID No: 203034 Attorney for Plaintiff EXHIBIT "A" f 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 # 795408 HOME LOANS SERVICING, LP DEFENDANT DERRICK PHILLIPS CHRISTINA PHILLIPS SERVE CHRISTINA PHILLIPS AT: 1 JANE LANE CARLISLE, PA 17013-1035 SERVICE TEAM/ lxh COURT NO.: 13 -1277 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED Served and made known to CHRISTINA PHILLIPS, 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 Defendants company. Other: .... Description: Age Height Weight Race Sex Other 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 10 dayof PNIISCA , 2Q(.., at I(: 1.3. .o'clockM., I, Ronald Molt a competent adult hereby state th5t Defendnt NOT FOUND because: _V_ Vacant _ Does Not Exist Moved Does Not Reside (Not Vacant) No Answer on at tt Service Refused Other: I understa his st tteme is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn fats fibatrot tq'auth s:itae BY; ......... PRINTED NAME: Ronald Moll ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE PH # 795408 HOME LOANS SERVICING, LP DEFENDANT DERRICK PHILLIPS CHRISTINA PHILLIPS SERVE DERRICK PHILLIPS AT: 1 JANE LANE CARLISLE, PA 17013-1035 SERVICE TEAM/ ixh COURT NO.: 13 -1277 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED Served and made known to DERRICK PHILLIPS, 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 coned 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 i� dayof VII6 , 20A, at t�%tso'cloek Iv1., I, R�n t1d ^ � , a competent adult hereby state that Defend`3 1nt NOT FOUND because: 3{Vacant Does Not Exist Moved Does; Not Reside (Not Vacant) No Answer on at at ....... _ Service Refused Other: I unders'tsi t his statcttiu nt is itiade sub'ect to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsi cation k autl ties.i , n BY: PRINTED NAME: Ronald MOII 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: 795408 Attorney Firm: Phelan Hallinan, LLP Subject: Derrick Phillips & Christina Phillips Property Address: 1 Jane Lane, Carlisle, PA 17013 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Derrick Phillips - xxx-xx-9341 Christina Phillips - xxx-xx-3655 B. EMPLOYMENT SEARCH Derrick Phillips & Christina Phillips - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Derrick Phillips & Christina Phillips reside(s) at: 1 Jane Lane, Carlisle, PA 17013. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which indicated that Derrick Phillips & Christina Phillips reside(s) at: 1 Jane Lane, Carlisle, PA 17013. On 10-01-14 our office made a telephone call to the subjects' phone number (717) 386-5747 and received the following information: not in service. III. INQUIRY OF NEIGHBORS On 10-01-14 our office made several phone, calls in an attempt to contact Ruth M. Metz (717)'241;6556, 3 Jane Lane, Carlisle, PA 17013: answering machine. On 10-01-14 our office made a phone call in an attempt to contact Jennifer Brandt (717) 249-3208, 4 Jane Lane, Carlisle, PA 17013: not in service. On 10-01-14 our office made a phone call in an attempt to contact Dolores M. Martin (717) 243-5338, 6 Jane Lane, Carlisle, PA 17013: spoke with a Female who could not confirm that the subjects reside(s) at 1 Jane Lane, Carlisle, PA 17013. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 10-01-14 we reviewed the National Address database and found the following information: Derrick Phillips & Christina Phillips -1 Jane Lane, Carlisle, PA 17013. 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 10-01-14 Vital Records and all public databases have no death record on file for Derrick Phillips & Christina Phillips. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Derrick Phillips - 1976 Christina Phillips - not available B. A.K.A. Derrick Q. Phillips Christina A. Hoch; Christina A. Phillips; Christina A. Warner * The following accessible internet databases have been checked and cross- referenced for the above named individual(s). SSN Subject Summary Others Using SSN Address Summary Voter Registrations Driver Licenses Professional Licenses Health Care Providers Health Care Sanctions Pilot Licenses Sport Licenses Real Property Assets • Motor Vehicle Registrations Boats Aircraft Bankruptcy Information Judgments/Liens UCC Liens Fictitious Businesses Notice Of Defaults. . •Biisiness Associates Person Associates Neighbors Employment Locator Criminal Filings Cellular & Alternate Phones I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. The above information is obtained from available public records and we are only liable for the cost of the affidavit, EXHIBIT Name and Address Of Sender Phelan Hallinan, LLP IMO1617 JFK Boulevard, Suite 1400 One Penn Center Plaza LNM Line Article Number Name of Addressee, Street, and Post Office Address Postage 1 **** 50.47 2 **** Derrick Phillips 1 JANE LANE CARLISLE, PA 17013-1035 $0.47 3 **** Christina Phillips 1 JANE LANE CARLISLE, PA 17013-1035 $0.47 RE: DERRICK PHILLIPS (CUMBERLAND) TEAM 4 PH # 795408/1021 Page 1 of 1 51.41 ******•••CONCURRANCE REVIEW ONLY************** Total Number of Pieces Listed by Sender Total Number cilia= Received at Pat Mai Poinnesta, Pa (Nims of Receiving Employee) The lolideclantion of value is required on all domestic end iatereadonalteed .t:. for dm reconstruction of omgotiabis doeummo tinder Eugxese Mil documrat .. • piece subject to s limit of $500,000 per oeameeoc. The maximum indemnity • The maximum indemnity payable is $25,000 lar regimwed marl, amt with • , ,:... ` R900 5913 and 5921 fa limitations of -• - ���,5 j I ... . .. .. i' Form 3877 Facsimile PH # 7954 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 CIVIL DIVISION c NO. 13 -1277 -CIVIL -0z CD r.0I- CID C) OV. `‹ DERRICK PHILLIPS c� 1.1 CHRISTINA PHILLIPS • Defendants cn �7 AND NOW, this ORDER 8 ' day of /t).5 y4044e- , 2014, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendants DERRICK PHILLIPS and CHRISTINA PHILLIPS by: PH # 795408 REGULAR MAIL TO DERRICK PHILLIPS at 1 JANE LANE, CARLISLE, PA 17013-1035, and CHRISTINA PHILLIPS at 1 JANE LANE, CARLISLE, PA 17013-1035 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO DERRICK PHILLIPS at 1 JANE LANE, CARLISLE, PA 17013-1035, and CHRISTINA PHILLIPS at 1 JANE LANE, CARLISLE, PA 17013-1035 Service by mail is complete upon the date of mailing POSTING 1 JANE LANE, CARLISLE, PA 17013-1035 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). CC PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Co LL CF IQ C.1:1"1-211; 1-°7. Y PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP : CIVIL DIVISION F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP : Plaintiff : No.: 13 -1277 -CIVIL V. DERRICK PHILLIPS CHRISTINA PHILLIPS Defendant(s) NOTICE OF THE DATE OF CONTINUED SHERIFFS SALE The Sheriffs Sale scheduled for 12/0 has been continued until 03/04/2015 at 10: Date: Ufrg PH # 795408 at 10:00 AM in the oned matter Paul Cressm orney fo. n, Esq., Id. No.318079 Plaintiff PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP : CIVIL DIVISION F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP : Plaintiff V. DERRICK PHILLIPS CHRISTINA PHILLIPS Defendant(s) CERTIFICATION OF SERVICE : No.: 13 -1277 -CIVIL I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: DERRICK PHILLIPS 1 JANE LANE CARLISLE, PA 7013-1035 Date: 014 PH # 795408 CHR JANE LANE CARLISLE, PA 17013 - Paul Cressma ey for , Esq., Id. No.318079 aintiff