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HomeMy WebLinkAbout13-1314 SHERIFF'S OFFICE OF CUMBERLAND COUI Ronny R Anderson 1I ROONONOTM,I Sheriff vt p 15 Jody S Smith Chief Deputy COVN" Richard W Stewart CUMNERLAN��,NtA Solicitor OFFICE OF THE SHERIFF p ENN'Y L Bank of America, N.A. Successor by Merger to BAC Home Loans Servicing, Case Number vs. Robert T Shumberger(et al.) 2013-1314 SHERIFF'S RETURN OF SERVICE 03/13/2013 Sheriff Ronny R Anderson, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Robert T Shumberger, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 03/13/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Heather E Shumberger, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 03/26/2013 08:40 PM-Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Robert T Shumberger, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program&Complaint in Mortgage Foreclosure as"Not Found"at 5218 Oxford Drive, Lower Allen, Mechanicsburg, PA 17055. Residence is vacant.The Mechanicsburg Postmaster has provided a forwarding address of 134 Scully Place, Lewisberry, PA 17339. 03/26/2013 08:40 PM-Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Heather E Shumberger, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program&Complaint in Mortgage Foreclosure as"Not Found"at 5218 Oxford Drive, Lower Allen, Mechanicsburg, PA 17055.Residence is vacant.The Mechanicsburg Postmaster has provided a forwarding address of 134 Scully Place, Lewisberry, PA 17339. 03/28/2013 09:20 AM-The requested Notice of Residential Mortgage Foreclosure Diversion Program &Complaint in Mortgage Foreclosure served by the Sheriff of York County upon Robert Shumberger,who accepted for Heather E Shumberger, at 134 Scully Place, Lewisberry, PA 17339. Richard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. 03/28/2013 09:20 AM-The requested Notice of Residential Mortgage Foreclosure Diversion Program &Complaint in Mortgage Foreclosure served by the Sheriff of York County upon Robert T Shumberger, personally, at 134 Scully Place, Lewisberry, PA 17339. Richard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $73.46 SO ANSWERS, April 11, 2013 RON R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoff.Inc. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J.MANGAN, ESQ. Sheriff Solicitor Reuben B ZaWr Richard E Rice,11 Chief Deputy, Operations Chief Deputy,Administration BANK OF AMERICA, N.A.,AS SUCCESSOR BY MERGER TO vs. Case Number ROBERT T. SHUMBERGER(et al.) 13-1314 CIVIL SHERIFF'S RETURN OF SERVICE 03/28/2013 09:20 AM-DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE(CIMF)BY"PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: ROBERT T. SHUMBERGER AT 134 SCULLY PLACE, LEWISBERRY, PA 17339. MICHAEL NOVAN, DEPUTY 03/28/2013 09:20 AM-DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE(CIMF) BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE ROBERT SHUMBERGER,WHO ACCEPTED AS"ADULT PERSON IN CHARGE"FOR HEATHER E. SHUMBERGER AT 134 SCULLY PLACE, LEWISBERRY, PA 17339. MICHAEL 010NOVAN, DEPUTY SHERIFF COST: $98.80 `NS1dl� S ING GACT SHERIF FOR April 08, 2013 RICHARD P KEUERLEBER, SHERIFF i:UMMOWy1 AI.IN OF PEBrksnygt" "100M SIN Sheft E. LCID/Of�tta OF AWE ------ ----- - ---- ------ ----- -------------------------- ------------------ -- NOTARY Affirmed and subscribed to before me this 8TH day of APRIL 2013 (c)CountySuite Sheriff,Teleosoft,Inc. • • '�9 19 C�t AM PHELAN HALLINAN, LLP 2C!3 3 Ji, AM I 1: (Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 t.'t1ERLii0 COUNTY 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., AS : CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A : COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING, LP : CIVIL DIVISION vs. : No. 13-1314-CIVIL ROBERT T. SHUMBERGER HEATHER E. SHUMBERGER 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 ROBERT T. SHUMBERGER and HEATHER E. SHUMBERGER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $194,935.17 TOTAL $194,935.17 I hereby certify that (1) the Defendants' last known addresses are 134 SCULLY PLACE, LEWISBERRY, PA 17339-8857 and 5218 OXFORD DRIVE, MECHANICSBURG, PA 17055- 3510, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. 1i2 Date 9// ? ae444.4 Adam H. Davis, Esq., Id. No.203034 Attorney r Plai iff DAMAGES ARE HEREBY ASSESSED AS INDICATED. :; DATE: IA Zi ,,, ., ria c PHS#299070 PROTHONOTARY s Il„.syd a 13132 c� 299070 aq a a 84 Nob ce Pat led PHELAN HALLINAN, LLP Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA,N.A.,AS SUCCESSOR BY : CUMBERLAND COUNTY MERGER TO BAC HOME LOANS SERVICING, : COURT OF COMMON PLEAS LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP CIVIL DIVISION vs. No. 13-1314-CIVIL • ROBERT T.SHUMBERGER HEATHER E.SHUMBERGER AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant ROBERT T. SHUMBERGER is over 18 years of age and has last known addresses at 134 SCULLY PLACE, LEWISBERRY, PA 17339-8857 and 5218 OXFORD DRIVE, MECHANICSBURG, PA 17055-3510. (c) that defendant HEATHER E. SHUMBERGER is over 18 years of age and has last known addresses at 134 SCULLY PLACE, LEWISBERRY, PA 17339-8857 and 5218 OXFORD DRIVE, MECHANICSBURG, PA 17055-3510. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 6/2 4{// V a-alDlt44.,/ 0/L4- 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 299070 Results as of:Jun-24-2013 12:05:27 ' Department of Defense Manpower Data Center SCRA 3.0 4'i 11 tt ;,,,../.21:-. ,,,-- Status R.rt ttP‘ m° Pursuant to Servicernembors Civil Relief Act Last Name: SHUMBERGER First Name: HEATHER Middle Name: E Active Duty Status As Of: Jun-24-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active 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 eady notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Ohl yhm joilui_141,0•:57..._. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 ' Department of Defense Manpower Data Center Results as of:Jun-24-201312:05:26 SCRA 3.0 .ra 41'7 4F.44 Status Report tip Pursuant to Servicernembers Civil Relief Act °k BB A Last Name: SHUMBERGER First Name: ROBERT Middle Name: T Active Duty Status As Of: Jun-24-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active 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. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Yhaitt 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. 13-1314-CIVIL ROBERT T. SHUMBERGER HEATHER E. SHUMBERGER Notice is given that a Judgment in the above captioned matter has been entered against you on 4702--57/3. B If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU "HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 299070 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. 13-1314-CIVIL Plaintiff v. CUMBERLAND COUNTY ROBERT T. SHUMBERGER HEATHER E.SHUMBERGER Defendant(s) TO: ROBERT T.SHUMBERGER 134 SCULLY PLACE LEWISBERRY,PA` 17339-8857 DATE OF NOTICE: tf} 9 //\,} 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 ,�,� 4" V-r-14.,--. 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 PHS#299070 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. 13-1314-CIVIL Plaintiff v. CUMBERLAND COUNTY ROBERT T.SHUMBERGER HEATHER E.SHUMBERGER Defendant(s) TO: ROBERT T.SHUMBERGER 5218 OXFORD DRIVE MECHANICSBURG,PA 17055-3510 DATE OF NOTICE: t ,s°` 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: t- 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 PHS#299070 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. 13-1314-CIVIL Plaintiff v. CUMBERLAND COUNTY ROBERT T.SHUMBERGER HEATHER E.SHUMBERGER Defendant(s) TO: HEATHER E.SHUMBERGER 134 SCULLY PLACE LEWISBERRY,PA 17339-8857 DATE OF NOTICE: 67/ 19 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 NILE 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: / 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 PHS#299070 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, I P NO. 13-1314-CIVIL Plaintiff v. CUMBERLAND COUNTY ROBERT T.SHUMBERGER HEATHER E.SHUMBERGER Defendant(s) TO: HEATHER E.SHUMBERGER 5218 OXFORD DRIVE MECHANICSBURG,PA 17055-3510 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: 0 f 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 PHS#299070 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC COURT OF COMMON PLEAS HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS . SERVICING,LP CIVIL DIVISION Plaintiff . NO.: 13-1314-CIVIL v. ROBERT T.SHUMBERGER CUMBERLAND COUNTY HEATHER E.SHUMBERGER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $194,935.17 Interest from 06/26/2013 to Date of Sale $5,190.48 ($32.04 per diem) TOTAL $200,125.65 Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 ti - Attorney for Plaintiff Note: Please attach description of property. c:. P crl HS#299070 "� = C-) CD Z'Z p aMa g, s� pad -7 3. (4tp £f3 ►03 ./ 5 l ' 16) , 5D" " a c * .NL/A-° 6Y- Od*"." r / saG` C� i3a1 Saw b3(.4 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land, situate in the Township of Lower Allen, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Oxford Drive, which point is at the line dividing Lot Nos. 23 and 24, Block'B' on the hereinafter mentioned Plan of Lots; thence along the southern line of Oxford Drive on a curve to the left with a radius of 260 feet an arc distance of 12.50 feet to a point; thence North forty-five (45) degrees fifty-two (52) minutes East, sixty-one and six hundredths (61.06) feet to a point at the line dividing Lots Nos. 24 and 25, Block 'B' on said Plan; thence along the same South forty-four (44) degrees eight (08) minutes East, one hundred ten (110) feet to a point; thence South forty-five (45) degrees fifty-two (52) minutes West, seventy-eight and eighty-seven one-hundredths (78.87) feet to a point on the line dividing Lots Nos. 23 and 24, Block 'B' on said Plan; thence along said dividing line, North forty-one (41) degrees twenty-two (22) minutes forty-five (45) seconds West, one hundred ten and forty-three one-hundredths (110.43) feet to a point, the Place of Beginning. BEING Lot No. 24, Block 'B', Plan No. 5, Windsor Park, which Plan was recorded in the Cumberland County Recorder's Office in Plan Book 12, Page 24. HAVING THEREON ERECTED a one story brick and frame ranch dwelling house. TITLE TO SAID PREMISES IS VESTED IN Robert T. Shumberger and Heather E. Shumberger, h/w, by Deed from Mary T. Mohnal, Administratrix of the Estate of Patricia L. Mohnal, dated 09/28/2006, recorded 10/12/2006 in Book 277, Page 477. PREMISES BEING: 5218 OXFORD DRIVE,MECHANICSBURG,PA 17055-3510 PARCEL NO. 13-24-0793-111. PHELAN HALLINAN, LLP Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 o One Penn Center Plaza l 2 Philadelphia, PA 19103 215-563-7000 C.11" _A GOL►{��`�' PE BERINSYL'JAI�I 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.: 13-1314-CIVIL v. ROBERT T. SHUMBERGER : CUMBERLAND COUNTY HEATHER E. SHUMBERGER 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: al04,01 /3 !/0,1„ 4 Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY • COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP • CIVIL DIVISION Plaintiff • NO.: 13-1314-CIVIL v. ROBERT T. SHUMBERGER CUMBERLAND COUNTY HEATHER E. SHUMBERGER 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 5218 OXFORD DRIVE,MECHANICSBURG,PA 17055-3510. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) ROBERT T.SHUMBERGER 134 SCULLY PLACE, • LEWISBERRY,PA 17339-8857 c.-- rn rn - HEATHER E.SHUMBERGER 134 SCULLY PLACE, - t` r LEWISBERRY,PA 17339-8857 -< _ "Z±-5 2. Name and address of Defendant(s)in the judgment: r ' Name Address(if address cannot be reasonably --G ascertained,please so indicate) --4 ROBERT T.SHUMBERGER 134 SCULLY PLACE LEWISBERRY,PA 17339-8857 HEATHER E.SHUMBERGER 134 SCULLY PLACE LEWISBERRY,PA 17339-8857 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. PHS #299070 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 5218 OXFORD DRIVE MECHANICSBURG,PA 17055-3510 COMMONWEALTH OF PENNSYLVANIA, 6TH FLOOR,STRAWBERRY SQ.,DEPT 280601 BUREAU OF INDIVIDUAL TAX, HARRISBURG,PA 17128 INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: (/Z 9/1? 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 PHS #299070 BANK OF AMERICA, N.A.,AS SUCCESSOR BY MERGER : COURT OF COMMON PLEAS TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP : CIVIL DIVISION Plaintiff : NO.: 13-1314-CIVIL vs. : CUMBERLAND COUNTY ROBERT T. SHUMBERGER HEATHER E.SHUMBERGER Defendant(s) ._ NOTICE OF SHERIFF'S SALE OF REAL PROPERTY `= w c_ ttt- TO: ROBERT T. SHUMBERGER _�� HEATHER E. SHUMBERGER 31,,k Crl 134 SCULLY PLACE PA 17339-8857 v c-s • **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION O AIMED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BA"1KRUPTCY, 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 5218 OXFORD DRIVE,MECHANICSBURG,PA 17055-3510 is scheduled to be sold at the Sheriff's Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$194,935.17 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. 13-1314-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. ROBERT T. SHUMBERGER HEATHER E. SHUMBERGER owner(s) of property situate in LOWER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 5218 OXFORD DRIVE, MECHANICSBURG, PA 17055-3510 Parcel No. 13-24-0793-111. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $194,935.17 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot of land, situate in the Township of Lower Allen, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Oxford Drive, which point is at the line dividing Lot Nos. 23 and 24, Block 'B' on the hereinafter mentioned Plan of Lots; thence along the southern line of Oxford Drive on a curve to the left with a radius of 260 feet an arc distance of 12.50 feet to a point; thence North forty-five (45) degrees fifty-two (52)minutes East, sixty-one and six hundredths (61.06)feet to a point at the line dividing Lots Nos. 24 and 25, Block'B' on said Plan; thence along the same South forty-four (44) degrees eight(08) minutes East, one hundred ten (110)feet to a point; thence South forty-five (45) degrees fifty-two (52) minutes West, seventy-eight and eighty-seven one-hundredths (78.87) feet to a point on the line dividing Lots Nos. 23 and 24, Block'B' on said Plan; thence along said dividing line, North forty-one (41) degrees twenty-two (22) minutes forty-five (45) seconds West, one hundred ten and forty-three one-hundredths (110.43) feet to a point, the Place of Beginning. BEING Lot No. 24, Block 'B', Plan No. 5, Windsor Park, which Plan was recorded in the Cumberland County Recorder's Office in Plan Book 12, Page 24. HAVING THEREON ERECTED a one story brick and frame ranch dwelling house. TITLE TO SAID PREMISES IS VESTED IN Robert T. Shumberger and Heather E. Shumberger, h/w, by Deed from Mary T. Mohnal, Administratrix of the Estate of Patricia L. Mohnal, dated 09/28/2006, recorded 10/12/2006 in Book 277, Page 477. PREMISES BEING:5218 OXFORD DRIVE,MECHANICSBURG,PA 17055-3510 PARCEL NO. 13-24-0793-111. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-1314 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 ROBERT T.SHUMBERGER,HEATHER E. SHUMBERGER (I) 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: $194,935.17 L.L.: $.50 Interest FROM 6/26/13 TO DATE OF SALE($32.04 PER DIEM)-$5,190.48 Atty's Comm: Due Prothy: $2.25 Atty Paid: $222.21 Other Costs: Plaintiff Paid: Date: 6/25/13 • Buell,Prothonotary (Seal) By: 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 PLAINTIFF AFFIDAVIT OF SERVICE BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO CUMBERLAND COUNTY G BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE tom ' HOME LOANS SERVICING,LP PH#299070 C DEFENDANT tYt 01 +' ROBERT T.SHUMBERGER SERVICE TEAM/lxh � HEATHER E.SHUMBERGER r t .� COURT NO.:13-1314-CIVIL ��^ C SERVE ROBERT T.S HUMBERGERAT: �� �"' C:)"'' 134 SCULLY PLACE TYPE OF ACTION PI� QC s LEWISBERRY,PA 17339-8857 XX Notice of Sheriff's Sale 5;c- SALE DATE: December 4,2013 Ems' j SERVED / Served and made known to ROBERT T.SHUMBERGER,Defendant on the -415-o'clock M.,at(3 �Y� t� G day of��C 20 at Defendant personally served. �6� in the manner described below: ►.1-- -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 Other company. — : Description: Age �=S Height g 6 ht Weig �`S Race ��-Sex t�-Other �UAI a competent adult,hereby verify that I personally handed a true and correct copy Nottce 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 the unsworn falsification to authorities. g DATE: fit 3 (T477— NAME:- hG PRINTED NAME: l�N � nOC� TITLE:_ QC's S -2ti�'CL On the day of NOT— SERVED state that De endant 20,at o'clock—.M.,1, T F because: a competent adult hereby —Vacant —Does Not Exist —No Answer on__at —Moved _Does Not Reside(Not Vacant) —Service Refused -- at 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 r�` c PLAINTIFF AFFIDAVIT OF SERVICE BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO CUMBERLAND COUNTY BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE PH#299070 HOME LOANS SERVICING,LP DEFENDANT ROBERT T.SHUMBERGER SERVICE TEAM/Ixh `'' °'°"• HEATHER E.SHUMBERGER COURT NO.:13-1314-CIVIL FT'►tix7z1 f� t SERVE HEATHER E.SHUMBERGER AT: �r 134 SCULLY PLACE TYPE OF ACTION LEWISBERRY,PA 17339-8857 XX Notice of Sheriff's Sale © fin• �+-s t SALE DATE: December 4,2013 3�`n c". �C) Ot•r SERVED ryry ,� Served and made known to HEATHER E.SHUMBERGER,Defendant on the Uv day of 20 at N S,o'clock JO M.,at 1 _SCC�ttt/ Eli fit( in the manner described below: —Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is 'f{t/S'(3 (0:�cie-q—T) —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 U%S Height ,Sy Weight ? Cl eS 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: PRINTED NAME: >N6eC44 r&-LeLN TITLE: ASS On the NOT SERVED da of 20_,at o'clock .M.,I, state that ac endant N T�ecause: — a competent adult hereby _,Vacant No Answer on —Does Not Exist Moved —Does Not Reside(Not Vacant) — 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 • t r T1TP OT Ii0TAR''( Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 a 13 Aai I !;N,WW U0 3PLAINTIFF 1617 JFK Boulevard, Suite 1400 �� �� t� One Penn Center Plaza CL �:_.E' LAND HTY Philadelphia, PA 19103` NS Y L VA NIA jonathan.etkowicz@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR • Court of Common Pleas BY MERGER TO BAC HOME LOANS • SERVICING, LP F/K/A COUNTRYWIDE HOME : Civil Division LOANS SERVICING, LP : '°µ e ., `I. Plaintiff • CUMBERLAND Comet Zr rn w c CTt • •, c.:.,....• v. • No.: 13-1314-CIVIL ;r��'- • -c n w CD r—= ROBERT T. SHUMBERGER < HEATHER E. SHUMBERGER 3> 9 C, • Defendants s cr =r? PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 12, 2013. 2. Judgment was entered on June 25, 2013 in the amount of$194,935.17. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 792832 4. The Property is listed for Sheriffs Sale on December 4, 2013. 5. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $165,024.91 Interest Through September 1, 2013 $24,066.00 Legal fees $1,300.00 Cost of Suit and Title $1,251.22 Property Inspections $195.00 Property Preservation $3,305.63 Escrow Deficit $9,071.47 TOTAL $204,214.23 6. Plaintiff paid the following in property preservation during the time the loan was in default: 8/9/2012 PROPERTY MAINTENANCE $1.87 8/13/2012 LAWN CARE $95.00 8/31/2012 LAWN CARE $95.00 8/31/2012 LOCK CHANGE $60.00 8/31/2012 PROPERTY MAINTENANCE $40.00 8/31/2012 PADLOCK $40.00 8/31/2012 PHOTOS $30.00 9/11/2012 LAWN CARE $90.00 9/14/2012 BOARDING $80.00 9/14/2012 DAMAGE REPAIRS $28.72 9/14/2012 DAMAGE REPAIRS $28.72 9/14/2012 DAMAGE REPAIRS $14.36 9/14/2012 DAMAGE REPAIRS $215.40 9/14/2012 DAMAGE REPAIRS $13.34 9/14/2012 DAMAGE REPAIRS $28.72 9/14/2012 DAMAGE REPAIRS $13.34 9/14/2012 DAMAGE REPAIRS $8.00 10/3/2012 LAWN CARE $90.00 11/20/2012 PROPERTY MAINTENANCE $528.00 11/20/2012 DAMAGE REPAIRS $429.00 12/6/2012 PHOTOS $195.30 792832 12/27/2012 PHOTOS $65.10 1/7/2013 DAMAGE REPAIRS $250.00 1/7/2013 PHOTOS $5.25 2/26/2013 UTILITIES $5.00 3/7/2013 PHOTOS $5.25 3/27/2013 LOCK CHANGE $75.00 3/27/2013 PHOTOS $1 5.75 4/2/2013 UTILITIES $23.66 4/9/2013 DEBRIS REMOVAL $50.00 4/9/2013 DEBRIS REMOVAL $500.00 4/9/2013 PHOTOS $185.85 TOTAL $3,305.63 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief 10. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 23, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 11. No judge has previously entered a ruling in this case. 792832 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: L z I3 By: a/_Pj Jinath.• . Etkowicz Esquire A "'•RNEY FOR PLAINTIFF 792832 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR : Court of Common Pleas • BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME : Civil Division LOANS SERVICING, LP Plaintiff • CUMBERLAND County v. • No.: 13-1314-CIVIL ROBERT T. SHUMBERGER HEATHER E. SHUMBERGER Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE ROBERT T. SHUMBERGER executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 5218 OXFORD DRIVE, MECHANICSBURG, PA 17055-3510. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be 792832 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 792832 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Bums, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 792832 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 792832 Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 792832 Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Infoirnation Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriffs sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 792832 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. 792832 Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: CO Z I3 By: 0111,� Jo cr.n . Etkowicz, Esquire Atte ey for Plaintiff 792832 Exhibit "A" 792832 I l i_ F [ O I ilGPi3 fi;.., PHELAN HALLINAN, LLP 2! J!` 25 AM f: C f}\ttorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 r:Li i ERLA lD COUNTY One Penn Center Plaza �' ¢ °�5 Y LVA N I A Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., AS CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING,LP : CIVIL DIVISION vs. : No. 13-1314-CIVIL ROBERT T. SHUMBERGER HEATHER E. SHUMBERGER 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 ROBERT T. SHUMBERGER and HEATHER E.SHUMBERGER, Defendant(s)for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $194,935.17 TOTAL $194,935.17 I hereby certify that(1)the Defendants'last known addresses are 134 SCULLY PLACE, LEWISBERRY, PA 17339-8857 and 5218 OXFORD DRIVE, MECHANICSBURG, PA 17055- 3510, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 17 9//\? A •• Adam H. Davis, Esq., Id. No.203034 Attorney r Plai iff DAMAGES ARE HEREBY ASSESSED AS INDICATED. 4- SC l� DATE: ^I aS I °�....�. ONIC' PHS#299070 PROTHONOTARY Gtn 1 16. 0PCI Q C�#2990 0/3� S g4- a9aaslp tc1 tatfd Exhibit "B" 792832 PHELAN HALLINAN, LLP 1.617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania September 23`d,2013 ROBERT T. SHUMBERGER HEATHER E. SHUMBERGER 134 SCULLY PLACE LEWISBERRY,PA 17339-8857 RE: BANK OF AMERICA,N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP v. ROBERT T. SHUMBERGER and HEATHER E. SHUMBERGER Premises Address: 5218 OXFORD DRIVE MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 13-1314-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days,by 9/28/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. e V tru'. our J tha Etkowicz,Esq., Id.No.208786 J ; than for Plaintiff Enclosure 792832 • Name and Phelan Hallman,LU' 1 Hi o ' Address 1617 JFK Boulevard,Suite 1400 C° Of Sender One Penn Center Plaza Philadelphia,PA 19103 KVM f Line Article Number Name of Addressee,Street and Post Office Address Postage ! 8 1 1 """` ROBERT T.SHUMBERGER 50.46 iA m HEATHER E.SHUMBERGER +� 134 SCULLS'PLACE tl o m LEWISBERRY,PA 173394857 ��� 2 """" ROBERTT.SHUMBERGER $0.46 n . NOo HEATHER.E.SHUMBERGER 5218 OXFORD DRIVE $04":* MECHANICSBURG,PA 17055-3510 >'1 ... r r RE:ROBERT T.SHUMBERGER(CUMBERLAND) PH#79283211200 Page 1 of 1 $0.92 rr.±:.i* Total Number of Toni Number of Pieces Postmaster,Pa Name or The rue Malaria*of clue a requited n as domestic and ratematron*tegaband mail The warm i'•• Picas Listed by Sander Ranched*Pea Office Receau Em+gee) toe Ike,eoeaaouoho.,ofamae5osubte decimals ander Express Mad docemem recom:r;.rtmo Ia∎at3 piece ataieat to a IMO of S50000 per occtarecc,The maximum mdemnay payabk on Expre,Mai The mas8rnm mdenmay payabk a 523,060 fo,ramceed mail,sent wd0t optional liauranrc >a 1.k R950 5913*td S92I for tenamens of overact 4°.°;:y.4. Form'3877 Facsimile -,°.?: , 0 «33 1 :;, ., ...., . , 792832 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR • Court of Common Pleas • BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME : Civil Division LOANS SERVICING, LP Plaintiff • CUMBERLAND County v. : No.: 13-1314-CIVIL • ROBERT T. SHUMBERGER HEATHER E. SHUMBERGER Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. ROBERT T. SHUMBERGER ROBERT T. SHUMBERGER HEATHER E. SHUMBERGER HEATHER E. SHUMBERGER 134 SCULLY PLACE 5218 OXFORD DRIVE LEWISBERRY, PA 17339-8857 MECHANICSBURG, PA 17055-3510 Phelan Hallinan, LLP DATE: l0/2 /3 BY: .i`■SC .441."-■ Jan M. tkowicz, Esquire TORNEY FOR PLAINTIFF 792832 BANK OF AMERICA, N.A. : IN THE COURT OF COMMON PLEAS OF As Successor by Merger : CUMBERLAND COUNTY, PENNSYLVANIA To BAC HOME LOANS SERVICING LP : F/K/A COUNTRYWIDE HOME LOANS : SERVICING, LP PLAINTIFF • • V. : = -a ...<> co C1.7..• ROBERT T. SHUMBERGER • HEATHER E. SHUMBERGER rza DEFENDANTS : NO. 13-1314 CIVIL 3>C- ``' ORDER OF COURT AND NOW, this 81h day of October, 2013, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before October 29, 2013; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, \N\I\kirNX M. L. Ebert, Jr., J. -� Jonathan M. Etkowicz, Esquire Attorney for Plaintiff _bent T. Shumberger Heather E. Shumberger Defendants irk bas _.."72 I FiS / Mk- RO THONG lAr, 2013 OCT 17 AM 10: 37 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR Court of Common Pleas BY MERGER TO BAC HOME LOANS • SERVICING, LP F/K/A COUNTRYWIDE HOME : Civil Division LOANS SERVICING, LP Plaintiff • CUMBERLAND County vs. • • No.: 13-1314-CIVIL ROBERT T. SHUMBERGER • HEATHER E. SHUMBERGER Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 8, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. ROBERT T. SHUMBERGER ROBERT T. SHUMBERGER HEATHER E. SHUMBERGER HEATHER E. SHUMBERGER 134 SCULLY PLACE 5218 OXFORD DRIVE LEWISBERRY, PA 17339-8857 MECHANICSBURG, PA 17055-3510 C p ((10 PheL- ;lli: L DATE: l,3 By: ..�.� L. Jo .' :n M. tkowicz, Esq., Id.No.208786 Attorney for Plaintiff 792832 2 r J -'R?Ti Q' OI: r 2J13SOY -7 (0: R PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H.Davis,Esq., Id.No.203034 C U 5ERLAND COUNTY 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA BANK OF AMERICA,N.A.,AS SUCCESSOR BY CUMBERLAND COUNTY MERGER TO BAC HOME LOANS SERVICING, . LP F/K/A COUNTRYWIDE HOME LOANS COURT OF COMMON PLEAS SERVICING,LP Plaintiff, CIVIL DIVISION v. No.: 13-1314-CIVIL ROBERT T.SHUMBERGER HEATHER E.SHUMBERGER Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Adam H.Davis,Esq.,Id.No.203034 �(�o /� 3 Attorney for Plaintiff Date: l/ 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#792832 ■ u> ►y ' 04 n Name and Phelan 2iMTlinan.LLP " „' Address iiik 1811 7):I(Boulevard,Suitt 1400 ii, .4 P+ Of Sender One Penn Center Plaza Philadelphia,PA 19103 AZIUCET-12/04/2013 SALE q,,. ,- C) Lane Article Number Name of Addressee.Street,and Post Office Address Postage 1 *v** TENANT/OCCUPANT $0.45 t ; 5218 OXFORD DRIVE 'ate. :...,,z et MECHANICSBURG.PA 17055-351.0 I :-:.7 2 *so. COMM[ONWEALTH'OFPENNSYI MANIA,BURFA1IOFINDMVID11AI.,TAX,INHERITANCE TA.X $0.45 , NC,} DIVISION �`4 OOf STILFLt,STRt1WWERRY SQ.,DEPT 280601 a *. S HARRISBURG,Pk:17128 i`*lilt' 3 atr• DEPARTMENT OF PUBLIC WELFARE,TPL CASUALTY UNIT,ESTATE RECOVERY PROGRAM $0.45 y,�, °'r . P.O.BOX 8486 ;; Ar. • WILLOW OAK BUILDING HARRISBURG,PA 11105 4 •••. Domestic Relations or $0.45 Cumberland County 13 North Hanover Street • Carlisle,PA 17013 $ "'*. Commonwealth of Pennsylvania $0.45 Department of Welfare P.O.Box 2675 Harrisburg,PA 17105 , 6 ***. Internal Revenue Service Advisory $0.45 1000 Liberty Av*n: ftaeim 704 Pittabnr .PA.15222 . 7 **** • U.S.DepartmentafJustka $0.45 :U.S.Attorney for the Middle District of PA Federal Btdlding _ 228 Walnut Street;Suite 220 . :PO Box 11784. - Harrisburg,PA 17108-1754 ' Rt ROBERT T,S1IUMBEEGER(Cl 1RRLANDr' t : 7". "GiR' VA " _.v __. T Tema Noe5ixr4 • ' 1.*N krd+eaMpines Parm.Yr,P.(Name tit •The lloll,hadrrlon of vatae:.ramitireal on.aJaavok mai haamitinnol Nli,<e+W mart The nux{mam Indemnity wy+DM ' Pieces Walk/Sea* ltttrivctiat Post Office amalrias I • • ref tromroapscti000feemeema adocammnrldcrfxptas i0 oidocum,urenautnuttitnin,uwnccisS51.000pet Ono Abject toaItalicorf500.000paoaan az 71ev-u nuloklkamityW7s61con£xpcti Wit.c.toktits ii3301 rtcaauimam k alatrSy pa a►k k$2+.400 Re eapurmi mil.xn,with ope..mu1$aurrkw,•a tAmgs,ic Mail Manual ,^•.", Li ,iMai0VW%s i5alai far Ilmitam.orrowthe. Form 3817 Fatcslnaile J + L Z' 13 NOV -8 AM10: 10 l ' ENY A T, P NSLVACOUNTY Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A., AS SUCCESSOR : Court of Common Pleas BY MERGER TO BAC HOME LOANS • SERVICING, LP F/K/A COUNTRYWIDE HOME : Civil Division LOANS SERVICING, LP Plaintiff • CUMBERLAND County vs. • No.: 13-1314-CIVIL ROBERT T. SHUMBERGER HEATHER E. SHUMBERGER Defendants MOTION TO MAKE RULE ABSOLUTE BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 3, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on September 23, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the 792832 Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued on October 8, 2013 directing the Defendants to show cause by October 29, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on October 16, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of October 29, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan -allinan, LLP DATE: l/711-3 By: /iv��. Jonath�M. tkowicz,Esq., Id.No.208786 Attorn: for Plaintiff 792832 • • . . Exhibit "A" 792832 BANK OF AMERICA, N.A. IN THE COURT OF COMMON PLEAS OF As Successor by Merger CUMBERLAND COUNTY, PENNSYLVANIA To BAC HOME LOANS SERVICING LP : F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP PLAINTIFF B B ^'^w„77 ^.'a V. ROBERT T. SHUMBERGER <c:25' Xa HEATHER E. SHUMBERGER DEFENDANTS NO. 13-1314 CIVIL ORDER OF COURT AND NOW, this 3# day of October, 2013, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before October 29, 2013; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J, Jonathan M. Etkowicz, Esquire Attorney for Plaintiff Robert T. Shumberger Heather E. Shumberger Defendants bas . . . Exhibit "B" 792832 LSE.. f1T HE PRO i HONU bill i 2013OCT 17 Ail IO: 37 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallm an LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAIN,: 1617 JFK Boulevard, Suite 1400 c One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR Court of Common Pleas BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME Civil Division "$ LOANS SERVICING, LP • Plaintiff CUMBERLAND County vs. No.: 13-1314-CIVIL ROBERT T. SHUMBERGER HEATHER E. SHUMBERGER Defendants CERTIFICATION OF SERVICE, I hereby certify that a true and correct copy of the Court's October 8,2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. ROBERT T. SHUMBERGER ROBERT T. SHUMBERGER HEATHER E. SHUMBERGER HEATHER E. SHUMBERGER 134 SCULLY PLACE 5218 OXFORD DRIVE LEWISBERRY, PA 17339-8857 MECHANICSBURG,PA 17055-3510 r ((to DATE: L� BY: < ..m i .... Jo tir M. tkowicz,Esq.,Id.No.208786 Attorney for Plaintiff 792832 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A., AS SUCCESSOR • Court of Common Pleas • BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME : Civil Division LOANS SERVICING, LP Plaintiff • CUMBERLAND County • vs. • No.: 13-1314-CIVIL • ROBERT T. SHUMBERGER HEATHER E. SHUMBERGER Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. ROBERT T. SHUMBERGER ROBERT T. SHUMBERGER HEATHER E. SHUMBERGER HEATHER E. SHUMBERGER 134 SCULLY PLACE 5218 OXFORD DRIVE LEWISBERRY, PA 17339-8857 MECHANICSBURG, PA 17055-3510 Phelan.-a in. � LP DATE: 1 b 1 13 By: ht,� Jonath.V. Et •wicz, Esq., Id.No.208786 Attorney for Plaintiff 792832 M THE PRO NON,"f 3 13 NOV !3 Phi 4: 13 CUMBERLAND C0UNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR Court of Common Pleas BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME Civil Division LOANS SERVICING, LP Plaintiff CUMBERLAND County vs. No.: 13-1314-CIVIL ROBERT T. SHUMBERGER HEATHER E. SHUMBERGER Defendants ORDER th AND NOW, this 3 day of K64 , 2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance $165,024.91 Interest Through September 1, 2013 $24,066.00 Legal fees $1,300.00 Cost of Suit and Title $1,251.22 Property Inspections $195.00 Property Preservation $3,305.63 Escrow Deficit $9,071.47 792832 TOTAL $204,214.23 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: LL R . "rjqez,. 792832 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor t SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFF)CE OF WE $I+.ERIF ,1L. PF'O.LHO dil l,';r;' �!cf�f`,`n ?27 PM 3: CO CUM'3ERl_I;ND COUNTY PENNSYLVANIA Bank of America, N.A. vs. Case Number Robert T Shumberger (et al.) 2013 -1314 SHERIFF'S RETURN OF SERVICE 09/27/2013 05:53 PM - Deputy Jamie DiMartle, 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 5218 Oxford Drive, Lower Allen - Township, Mechanicsburg, PA 17055, Cumberland County. 12/04/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of Bank of America, N.A. As Successor by Merger to BAC Home Loans Servicing, LP F /K/A Countrywide Home Loans Servicing, LP, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $825.24 February 19, 2014 (c) CountySuite Sheriff, Teleesoft, Inc. SO ANSWERS, RONIVR ANDERSON, SHERIFF L( O pee 04' a-a5- pd. a_ 30`36/ On September 12, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 5218 Oxford Drive, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: September 1., 2013 By: /UJAnacti Real Estate Coordinator LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2013-1314 Civil Term BANK OF AMERICA, N.A. vs. ROBERT T. SHUMBERGER, Heather E. Shumberger Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13-1314-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. ROB- ERT T. SHUMEERGER, HEATH- ER E. SHUMBERGER owner(s) of property situate in LOWER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 5218 OXFORD DRIVE. MECHANICSBURG, PA 17055-35 10. Parcel No. 13-24-0793-ill. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $194,935.17. 111 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ()Ilsa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 25 da of October 2013 Notary COMMON ---- - NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 I 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 patriotiextws Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and /or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M ", Volume 14, Page 317. PUBLICATION COPY 2013 -1314 CMI Term BANK OF AMERICA, N.A. vs. ROBERT T SHUMBERGER Heather E Shumberger Atty: Joseph Schalk By virtue of a Writ of Execution No. 13- 1314 -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. ROBERT T. SHUMEERGER HEATHER E. SHUMBERGER owner(s) of property situate in LOWER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 5218 OXFORD DRIVE. MECHANICSBURG, PA 17055 -35 10 Parcel No. 13 -24 -0793 -ill (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $194,935.17 This ad ran on the date(s) shown below: 10/13/13 10/20/13 10/27/13 Sworn to an ibed before me this 11 day of November, 2013 A.D. Notary �31•l(�6f a PENNSYLVANIA tIht ! 1 Scrl Holly Lynn W 1t ri, Notary Public Wa5h►ngtetl fiwl.. 0Yiv4nin County I ISaIA 1 +I ATIOn OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Bank of America, N.A. is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the 25th day of June, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 1314, at the suit of Bank of America, N.A. against Robert T. Shumberger and Heather E. Shumberger is duly recorded as Instrument Number 201406175. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 0-7 , A.D. day of Recorder of Deeds Rearderbt Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018