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Home My WebLink About13-2817 .f a T Supreme Court of Pennsylvania CouratdCo Pleas t ,., rr,�t For Prothonotary Use Only: CIv11= C Sheet CUMBE� County Docket No: s ` The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service o ' leadin s or other papers as required by law or rules of court. S Commencement of Action: ❑D Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff s Name: NATIONSTAR MORTGAGE, Lead Defendant's Name: KEITH A. GARDNER A/K /A KEITH T , LLC A. GARDNER, JR I Are money damages requested? [I Yes Z No Dollar Amount Requested: El within arbitration limits 0 (Check one ) ❑x outside arbitration limits N Is this a Class Action Suit? ❑ Yes Z No Is this an MDJ Appeal? ❑ Yes 0 No A Name of Plaintiff /Appellant's Attorney: John D. Krohn, Esq., Id. No.312244, Phelan Hallinan, LLP ❑ Check Isere if you have no attorney (are a Self - Represented [Pro Se) Litigant) Nature of the Place an "X" to the left of the ONE case category that most accurately describes your Case PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration $ ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: • Other Professional: Pa.R.C.P, 205.5 Updated 01/01/2011 PHELAN HALLINAN, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 NATIONSTAR MORTGAGE, LLC 350 HIGHLAND DRIVE COURT OF COMMON PLEAS LEWISVILLE, TX 75067 CIVIL DIVISION Plaintiff V. TERM KEITH A. GARDNER NO. a AWA KEITH A. GARDNER, JR 1.34 HUM1VlEL AVENUE CUMBERLAND COUNTY LEMOYNE, PA 17043 -1946 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE w t' ' c ' ► C? r CZ) DC c File #: 304452 / p I . Plaintiff is NATIONSTAR MORTGAGE, LLC 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 2. The name(s) and last known address(es) of the Defendant(s) are: KEITH A. GARDNER A/K/A KEITH A. GARDNER, JR 1.34 HUMMEL AVENUE LEMOYNE, PA 17043 -1946 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 06/12/2008 KEITH A. GARDNER made, executed and delivered a mortgage upon the premises hereinafter described to BANK OF AMERICA, N.A. , which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200820247. By Assignment of Mortgage recorded 12/10/2012 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201238216.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 04/01/2012 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File 4: 304452 6. The following amounts are due on the mortgage Principal Balance $59,394.40 Interest $4,333.94 03/01/2012 through 05/10/2013 Property Inspections $60.00 Property Preservations $0.00 Appraisal/BPO $0.00 Non Sufficient Funds Charge $0.00 Escrow Deficit $0.00 Subtotal $63,788.34 Suspense Credit $0.00 Escrow Credit $0.00 TOTAL $63,788.34 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has /have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 304452 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $63,788.34, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP By: John D. Kr n, E q., Id. No.312244 Attorney for Plaintiff File 4: 304452 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situated in the Borough of Lemoyne, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEING the eastern 1/2 of Lot No. 9 in Block'B' in the plan of lots known as Plan 1 Riverton, Cumberland County, Pennsylvania. Said Plan being recorded in the Recorder of Deeds Office of Cumberland County in Deed Book J, Volume 4, Page 440. Said lot having a frontage of 17 1/2 feet on the south side of Hummel Avenue and extending back an even width 150 feet to Peach Alley. Being improved with the eastern half of a double 2 1/2 story frame dwelling house known as 1.34 Hummel Avenue and a one car garage. TOGETHER with the joint use of a cesspool serving the property herein conveyed, as well as the adjoining house known as 136 Hummel Avenue, Lemoyne, Pennsylvania. PROPERTY ADDRESS: 134 HUMMEL AVENUE, LEMOYNE, PA 17043 -1946 PARCEL # 12 -21- 0265 -395 File #: 304452 v VERIFICATION Alyssa Quintanilla ASsictnnt SPnretary , hereby states that he /she is of NATIONSTAR MORTGAGE, LLC, Plaintiff in this matter, that he /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 his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: f/I y / 1 3 Na Alyssa Quintanilla itle: gGG;Stnnt S - ratary NATIONSTAR MORTGAGE, LLC File #: 304452 File 4: 304452 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO f NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 304452 FORM 1 IN THE COURT OF COMMON PLEAS NATIONSTAR MORTGAGE, LLC OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. r KEITH A. GARDNER A/K /A KEITH A. , —s GARDNER, JR ' , _0:c rn Cri 7X Defendant (s) Civil () Ln NOTICE OF RESIDENTIAL MORTGAGE FORECLOS;ODE ° < = ' DIVERSION PROGRAM �� y You have been served with a foreclosure complaint that could cause you to lose your home. i �r< If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: .511 IIM2�� Date John D. 401m, Esq., Id. No.312244 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: CUSTOM ER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Am ount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 ° Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I/We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am /are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FI�,EU 'Off'P IG:_ Sheriff ;;" 1 HE PROTHONO oao of au.ro,qy Jody S Smith Chief Deputy 2013 JUN 14 AM 6: 59 Richard w Stewart GUMBERLANO COUNT Y Solicitor _ PENNSYLVANIA Bank of America, N.A. vs Case Number Keith Gardner, Jr 2013-2617 SHERIFF'S RETURN OF SERVICE 05131/2013 05.34 PM-Deputy Ronald Hoover, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Keith Gardner, Jr at 134 Hummel Avenue, Lemoyne Borough, Lemoyne, PA 17043. RONALD HOOVER, DEPUTY SHERIFF COST. $64.16 SO ANSWERS,�j/77 June 04, 2013 RONNY R ANDERSON, SHERIFF GF t'HEIP�ROTHO,aO� .. AR t y 20113 AUG !i6 AM 10: 54 CU �IIENNS ERLAN D COUNTY YEVANIA PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff NATIONSTAR MORTGAGE, LLC 350 HIGHLAND DRIVE Court of Common Pleas LEWISVILLE, TX 75067 Civil Division Plaintiff Term V. No.2013-2817-Civil KEITH A. GARDNER A/K/A KEITH A. GARDNER, JR Cumberland County 134 HUMMEL AVENUE LEMOYNE, PA 17043-1946 Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, Nationstar Mortgage, LLC, 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 May 20, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for his failure to make monthly payments of principal and interest upon his mortgage due April 1, 2012, 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 May 31, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice for the Defendant. A true and correct copy of the Affidavit of Service 798214 is attached hereto, made part hereof and marked as Exhibit B. 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20)days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty(60) days of service. 7. Since Defendant has 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 r Date: 1 13 BY: oAtt h Schalk, Esquire ney for Plaintiff 798214 Exhibit A 798214 Supreme Court of Pennsylvania Cour CommonTl eas For Prothonotary Use Only: Civil-'Cbvef;Meet C &E U County Docket No: The in 00 rnialion collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service oj'pleadings or other pp pers as required by low or rules qfcourf. Commencement of Action: S 19 Complaint ❑Writ of Summons ❑Petition E ❑Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiffs Name: NATIONSTAR MORTGAGE, Lead Defendant's Name: KEITH A.GARDNER AWA KEITH T LLC A.GARDNER,JR I i Dollar Amount Requested: ❑within arbitration limits 0 Are money damages requested? ❑Yes 19 No (Check one 0 outside arbitration limits N Is this a Class Action Suit? ❑Yes ON No Is this an MDJ Appeal? ❑Yes ON No A Name of Plaintiff/Appellant's Attorney: John D.Krohn,Esq.,Id.No.312244,PhelanHallinan,LLP El Check here if you have no attorney(are a Self-Represented (Pro Sel Litigant) Nature of the Place an"X"to the left of the ONE case category that most accurately describes your Case: PRIMARY CASE.If you are making more than one type of claim,check the one that I you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑Intentional ❑Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution 0 Debt Collection:Credit Card ❑Board of Assessment ❑Motor Vehicle ❑Debt Collection:Other ❑Board of Elections 0 Nuisance 0 Dept.of Transportation ❑Premises Liability ❑Statutory Appeal:Other ❑Product Liability(does not S include mass tort) ❑Employment Dispute: ❑Slander/Libel/Defamation Discrimination E ❑Other: ❑Employment Dispute:Other ❑Zoning Board C ❑Other: T MASS TORT ❑Other: 0 ❑Asbestos N ❑Tobacco ❑Toxic Tort-DES ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑Toxic Waste ❑Ejectment ❑Common Law/Statutory Arbitration B ❑Other: ❑Eminent Domain/Condemnation ❑Declaratory Judgment ❑Ground Rent ❑Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations 1 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑Mortgage Foreclosure:Commercial ❑Quo Warranto ❑Dental 171 Partition ❑Replevin ❑Legal ❑Quiet Title ❑Other: ❑Medical 0 Other: ❑Other Professional: Pa.R.C-P. 205.5 Updated 0110112011 PHELAN HALLINAN,LLP John D.Krohn,Esq.,Id.No.312244 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC 350 HIGHLAND DRIVE COURT OF COMMON PLEAS LEWISVILLE,TX 75067 CIVIL DIVISION Plaintiff V. TERM? p n KEITH A.GARDNER NO. /3-a0 1 AWA KEITH A.GARDNER,JR 134 HUMIVIEL AVENUE CUMBERLAND COUNTY LEMOYNE,PA 17043-1.946 Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE C"!) ry L, Lnr- v r-<-i 1. Plaintiff is NATIONSTAR MORTGAGE,LLC 350 HIGHLAND DRIVE LEWISVILLE,TX 75067 2. The name(s) and last known address(es)of the Defendant(s)are: KEITH A. GARDNER AWA KEITH A.GARDNER,JR 134 HUMMEL AVENUE LEMOYNE,PA 17043-1946 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/12/2008 KEITH A. GARDNER made, executed and delivered a mortgage upon. the premises hereinafter described to BANK OF AMERICA,N.A. , which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200820247. By Assignment of Mortgage recorded 12/10/2012 the mortgage was assigned to PLAINTIFF,which Assignment is recorded in Assignment of Mortgage Instrument No. 201238216.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 04/01/2012 and each month thereafter are due and unpaid, and by the terms of said mortgage,upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor,the entire principal balance and all interest due thereon are collectible forthwith. Filet!: 304452 6. The following amounts are due on the mortgage Principal Balance $59,394.40 Interest $4,333.94 03/01/2012 through 05/10/2013 Property Inspections $60.00 Property Preservations $0.00 AppraisalBPO $0.00 Non Sufficient Funds Charge $0.00 Escrow Deficit $0.00 Subtotal $63,788.34 Suspense Credit $0.00 Escrow Credit $0.00 TOTAL $63,788.34 7. Plaintiff is not seeking a judgment of personal liability(or an in personam judgment) against the Defendant(s) in the Action; however,Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding,this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy,but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974,Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s)has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. Filc tl: 304452 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of$63,788.34, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN,LLP By: John D.K/or n,Eq., 1d.No.312244 Attorney Plaintiff File!1: 304452 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situated in the Borough of Lemoyne, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEING the eastern 1/2 of Lot No. 9 in Block'B' in the plan of lots known as Plan I Riverton, Cumberland county, Pennsylvania. Said Plan being recorded in the Recorder of Deeds Office of Cumberland County in Deed Book J,Volume 4,Page 440. Said lot having a,frontage of 17 1/2 feet on the south side of Hummel Avenue and extending back an even width 150 feet to Peach Alley.Being improved with the eastern half of a double 2 1/2 story frame dwelling house known as 134 Hummel Avenue and a one car garage. TOGETHER with the joint use of a cesspool serving the property herein conveyed, as well as the adjoining house known as 136 Hummel Avenue, Lemoyne, Pennsylvania. PROPERTY ADDRESS: 134 HUMMEL AVENUE,LEMOYNE,PA 17043-1946 PARCEL# 12-21-0265-395 File f7: 304452 VERIFICATION Alyssa QuIntanilla hereby states that be/she is of NATIONSTAR MORTGAGE, LLC, Plaintiff in this matter,that he/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 his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to unsworn falsification to authorities. DATE: th 6 113 Na AlYssa QuintanIlla itle: A Rs ;tqnt SPc rp I Y NATIONST AR MORT GAGE,LLC File#: 304452 Filek 304452 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty(20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do.so, the case may proceed without you,and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 File#: 304452 • FORM I IN THE COURT OF COMMON PLEAS NATIONSTAR MORTGAGE,LLC OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) VS. 0 KEITH A.GARDNER A/K/A KEITH A. c —j 3 w GARDNER,JR 3 , � , �,r Defendant(s) �!//ll Civil 70 —< -,U NOTICE OF RESIDENTIAL MORTGAGE FORECLO4#E" �a C-n DIVERSION PROGRAM o --= %P °r* You have been served with a foreclosure complaint that could cause you to lose your home. D;r—. c n 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 you. Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference.It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative.However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf.If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed within sixty(60)days of the service upon you of the foreclosure complaint.If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: 511-1113 6CL-�' Date John D. ohn,Esq.,Id. No.312244 Attorney for Plaintiff FORM 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: CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State:— Zip: Is the property for sale? Yes❑ No❑ Listing date: Price:$ Realtor Name: Realtor Phone: Borrower Occupied? Yes❑ No ❑ Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan Loan Number: Total Mortgage Payments Amount: $ Included Taxes&Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes❑ No❑ If yes,provide names,location of court,case number&attorney: Assets Am aunt Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1:Model: Year: Amount owed: Value: Automobile#2:Model: Year: Amount owed: Value: Other transportation(automobiles boats,motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3, Monthly Gross Monthly Net Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses:_(Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2°d Mort a e Utilities Car Payment(s) Condo/Neigh.Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop.payment Install.Loan Payment Cable TV Child SupportJAlim. Spending Money Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes❑ No❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP) assistance? Yes❑ No❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes❑ No ❑ If yes,please indicate the status of those negotiations: Please provide the following information,if known,regarding your lender and.lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: Phone: AUTHORIZATION I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. Me understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement(if property is currently on the market) s Exhibit B 798214 i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff d L�ntNbrr �oy�ctg liY�tk Jody S Smith Chief Deputy ' 'K, : � 1 Richard W Stewart 111,°-f- ' " Solicitor QFfI;E Q xK6 S4i£R,FF j Bank of America, N.A. Case Number vs. 2013-2$17 Keith Gardner,Jr SHERIFF'S RETURN OF SERVICE 05/31/2013 05:34 PM-Deputy Ronald Hoover,being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and'Compiaint in Mortgage Foreclosure by "personally"'handing a true copy to a person representing themselves to be the Defendant,to wit: Keith Gardner,Jr at 134 Hummel Avenue, Lemoyne Borough,Lemoyne, PA 17043. RONALD HOOVER, DEPUTY I SHERIFF COST:$64.16 SO ANSWERS, June 04, 2013 RONiW R ANDERSON,SHERIFF } i l i f 4 - - _ tc 0w 1*5utto-Sheriff.7etabeotf.lae, PHELAN HALLINAN,LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff NATIONSTAR.MORTGAGE, LLC Court of Common Pleas 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 Civil Division Plaintiff Tenn V. No.2013-2817-Civil KEITH A. GARDNER Cumberland County A/KJA KEITH A. GARDNER,JR 134 HUMMEL AVENUE LEMOYNE, PA 17043-1946 Defendant CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiffs Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: KEITH A. GARDNER 134 HUMMEL AVENUE LEMOYNE,PA 17043-1946 Date: a) 14 is By: se h chalk, Esquire Att eyor Plaintiff 798214 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC 350 HIGHLAND DRIVE Court of Common Pleas LEWISVILLE, TX 75067 Civil Division Plaintiff Term V. No. 2013-2817-Civil KEITH A. GARDNER A/K/A KEITH A. GARDNER, JR Cumberland County 134 HUMMEL AVENUE LEMOYNE, PA 17043-1946 Defendant ORDER AND NOW,this 'Z(� day of Al 44',r , 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: J. t s P-2 -Ts w Ate 7�► 'n Z GG-P �n W rl N �c:3 C 'L7 C— C ZCo v- 798214 cc : Keith A. Gardner 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 .,--'KEITH A. GARDNER 134 HUMMEL AVENUE LEMOYNE, PA 17043-1946 CT 798214 •'+ 1 i;_ PROTH0NOTA PHELAN HALLINAN, LLP 2013 OCT # 5 10. 6 Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE, LLC : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS KEITH A. GARDNER : CIVIL DIVISION A/K/A KEITH A. GARDNER,JR : No. 13-2817 CIVIL 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 KEITH A. GARDNER A/K/A KEITH A. GARDNER,JR, 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 $63,788.34 TOTAL $63,788.34 I hereby certify that (1) the Defendant's last known address is 134 HUMMEL AVENUE, LEMOYNE, PA 17043-1946, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date /6 INA3 Jo athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ttreeit'AP DATE: la i3 �.• PH#798214 PROTHONOTARY aA 1w .sa C4+- 6s3 798214 ,F4 t- of(o sba �o c.� NIi IPcl • PHELAN HALLINAN,LLP Attorney for Plaintiff Jonathan Lobb,Esq.,Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE, LLC : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION KEITH A. GARDNER A/K/A KEITH A. GARDNER,JR : No. 13-2817 CIVIL 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 KEITH A. GARDNER A/K/A KEITH A. GARDNER, JR is over 18 years of age and resides at 134 HUMMEL AVENUE, LEMOYNE, PA 17043-1946. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date l //`//13 P an Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 798214 • Results as of:Oct-14-2013 12:05:45 Department of Defense Manpower Data Center SCRA 3.0 phi xxx , - ._ Et r G#E3t , F. Pursuant to Servicetnembets Civil Relief Act Last Name: GARDNER First Name: KEITH Middle Name: A Active Duty Status As Of: Oct-14-2013 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. )/hav, Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Results as of:Oct-14-2013 12:51:35 Department of Defense Manpower Data Center SCRA 3.0 l Status Report Pursuant to Servicctnotnbers Civil Relief Act • Last Name: GARDNER First Name: KEITH Middle Name: A. JR Active Duty Status As Of: Oct-14-2013 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. � t 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 NATIONSTAR MORTGAGE,LLC : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS KEITH A. GARDNER A/K/A KEITH A. GARDNER,JR : CIVIL DIVISION : No. 13-2817 CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on ) 1 5'13. tj...a)P ivser By: ;, 1 If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 798214 . , NATIONSTAR MORTGAGE,LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. KEITH A, GARDNER A/K/A KEITH A. GARDNER, NO. 13-2817 CIVIL JR Defendant(s) CUMBERLAND COUNTY TO: KEITH A.GARDNER A/K/A KEITH A.GARDNER,JR 134 HUMMEL AVENUE LEMOYNE,P.A 17043-1946 DATE OF NOTICE: q/2 //3 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("Arms 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: Ji,u‘tan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Pti#7911214 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 NATIONSTAR MORTGAGE,LLC COURT OF COMMON PLEAS Plaintiff • • CIVIL DIVISION v. • NO.: 13-2817 CIVIL KEITH A. GARDNER A/K/A KEITH A.GARDNER,JR Defendant(s) • CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $63,788.34 Interest from 10/16/2013 to Date of Sale $1,479.09 ($10.49 per diem) TOTAL $65,267.43 elan Hallinan,LLP Jonathan Lobb,Esq.,Id. No.312174 Attorney for Plaintiff Note: Please attach description of property. PH#798214 toGi. 10 3.75 ' 7 --- : . t << << �.c^ 'Dla .q � pDi afj ta..as ct, CJ/ /3570 s% pi_dotipq.3 k];(9,td _, _�... ...�i.. ..a... _sA`f _ _ - .. � ._. .. _. ,.» _ -iA. `.•1MV _d'_""�Y•l..b1. t..l::"._ rs.�,s-r_.,-»a.,x.....wr_r-.... PHELAN HALLINAN, LLP %r ,[. Attorneys, for Plaintiff Jonathan Lobb, Esq., Id. No.312174 t FRG T H O t G 7 t 1617 JFK Boulevard, Suite 1400 ^L i 3 OCT 15 All H : 02 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNT? Jonathan.Lobb@phelanhallinan.com PENNSYLVANIA 215-563-7000 NATIONSTAR MORTGAGE,LLC : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO.: 13-2817 CIVIL KEITH A. GARDNER A/K/A KEITH A. GARDNER,JR Defendant(s) : CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: P an Hallinan,LLP Jonathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff NATIONSTAR MORTGAGE, LLC r t r; I COURT OF COMMON PLEAS Plaintiff L f3 OBT 1 S tt: Q CIVIL DIVISION V. CUI1BERLANU CQUU pp x NO.: 13-2817 CIVIL KEITH A. GARDNER A/K/A KEITH A. GARD �,WANIA Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 NATIONSTAR MORTGAGE,LLC,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 134 HUMMEL AVENUE, LEMOYNE,PA 17043-1946. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) KEITH A.GARDNER 134 HUMMEL AVENUE A/K/A KEITH A.GARDNER,JR LEMOYNE,PA 17043-1946 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) KEITH A.GARDNER 134 HUMMEL AVENUE A/K/A KEITH A.GARDNER,JR LEMOYNE,PA 17043-1946 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) PNC BANK,NATIONAL ASSOCIATION 2730 LIBERTY AVENUE PITTSBURGH,PA 15222 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. PH#798214 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 134 HUMMEL AVENUE LEMOYNE,PA 17043-1946 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: l U //41h3 By: P an Hallinan,LLP Jonathan Lobb,Esq.,Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#798214 NATIONSTAR MORTGAGE, LLC : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : NO.: 13-2817 CIVIL KEITH A. GARDNER A/K/A KEITH A. GARDNER,JR Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY , TO: KEITH A. GARDNER ; ._ A/K/A KEITH A. GARDNER,JR _,, 134 HUMMEL AVENUE u) LEMOYNE,PA 17043-1946 r **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA1 O$`TA AEI:D WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE I1BTKRt6PTE , THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BMMT ONLY: ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house(real estate) at 134 HUMMEL AVENUE,LEMOYNE,PA 17043-1946 is scheduled to be sold at the Sheriff's Sale on 03/05/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$63,788.34 obtained by NATIONSTAR MORTGAGE,LLC (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. 27-YouAmay 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. 13-2817 CIVIL NATIONSTAR MORTGAGE,LLC v. KEITH A. GARDNER A/K/A KEITH A. GARDNER,JR owner(s) of property situate in LEMOYNE BOROUGH,CUMBERLAND County, Pennsylvania, being 134 HUMMEL AVENUE, LEMOYNE,PA 17043-1946 Parcel No. 12-21-0265-395 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $63,788.34 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situated in the Borough of Lemoyne,County of Cumberland, and Commonwealth of Pennsylvania,more particularly bounded and described as follows,to wit: BEING the eastern 1/2 of Lot No.9 in Block'B'in the plan of lots known as Plan 1 Riverton,Cumberland County,Pennsylvania. Said Plan being recorded in the Recorder of Deeds Office of Cumberland County in Deed Book J,Volume 4,Page 440. Said lot having a frontage of 17 1/2 feet on the south side of Hummel Avenue and extending back an even width 150 feet to Peach Alley.Being improved with the eastern half of a double 2 1/2 story frame dwelling house known as 134 Hummel Avenue and a one car garage. TOGETHER with the joint use of a cesspool serving the property herein conveyed,as well as the adjoining house known as 136 Hummel Avenue,Lemoyne,Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Keith A. Gardner, adult individual, by Deed from Charles H. Gipe, Jr. and Patricia A. Gipe, co-Executors for the Estate of Winifred C. Fishel, dated 05/28/2008, recorded 06/17/2008 in Instrument Number 200820246. PREMISES BEING: 134 HUMMEL AVENUE,LEMOYNE,PA 17043-1946 PARCEL NO. 12-21-0265-395 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-2817 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONSTAR MORTGAGE,LLC Plaintiff(s) From KEITH A. GARDNER A/K/A KEITH A. GARDNER,JR. (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: $63,788.34 L.L.: $.50 Interest FROM 10/16/2013 TO DATE OF SALE($10.49 PER DIEM)-$1,479.09 Atty's Comm: Due Prothy: $2.25 Atty Paid: $212.91 Other Costs: Plaintiff Paid: Date: 10/15/13 _A6 _ David D. Buell,Prothonota (Seal) i �� - L/! Deputy REQUESTING PARTY: Name: JONATHAN LOBB, ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.312174 • AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY • BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE PH#798214 HOME LOANS SERVICING,LP DEFENDANT SERVICE TEAM/lxh KEITH A.GARDNER A/K/A KEITH A.GARDNER,JR COURT NO.:13-2817 CIVIL SERVE KEITH A.GARDNER A/K/A KEITH A.GARDNER,JR AT: TYPE OF ACTION 134 HUMMEL AVENUE XX Notice of Sheriff's Sale LEMOYNE,PA 17043-1946 SALE DATE: March 12,2014 SERVED Served and made known to KEITH A.GARDNER A/K/A KEITH A.GARDNER,JR,Defendant on the day of -111 2 20 13,at 3 k�MMELA ,120,o'clock ( lock .M.,at y ,in the manner described below: Defendant personally served. Adult family member i �qri}Defendan 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: CO's GU Description: Age Height S / Weight f Race Sex- Other _ I, a ,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 unswom falsification to authorities. DATE: k( 20(3. NAME: / j C t PRINTED NAME: t " de U C CCt p I TILE: NOT SERVED On the day of , ,at o'clock .M.,I, ,a competent adult hereby state that Defendant NOT FOUND ecause: Vacant Does Not Exist _Moved _Does Not Reside(Not Vacant) — _No Answer on_ at ,• at Service Refused Other: ru c I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating4 utiorn falsification to authorities. -0 rn t::, err" BY: rri rri rri t`Tt PRINTED NAME: ATTORNEY FOR PLAINTIFF C " '`t Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 X p -�- One Penn Center Plaza c C� Philadelphia,PA 19103 S> (215)563-7000 -•� GQ ^'. I HONG TA r Phelan Hallinan, LLP { FEB Esq., L i ti B 21 46%161 Jonathan M. Etkowicz, Es`1 Id. No.208786 EY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 "UiNBEnLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE LLC • Court of Common Pleas Plaintiff • Civil Division v. • • CUMBERLAND County KEITH A. GARDNER • A/KIA KEITH A. GARDNER, JR No.: 13-2817 CIVIL Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on May 20, 2013. 2. Judgment was entered on October 15, 2013 in the amount of$63,788.34. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1),a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However,new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 12, 2014. 798214 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $59,394.40 Interest Through March 12, 2014 $7,385.48 Legal fees $1,700.00 Cost of Suit and Title $883.76 Property Inspections $183.15 Escrow Deficit $5,107.18 TOTAL $74,653.97 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on February 18, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9)and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Hess entered an order lifting conciliation stay dated August 21, 2013. 798214 • WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: * By:* �n AM V Jfit irrathan M. Etkowicz,Esquire TTORNEY FOR PLAINTIFF 798214 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 NATIONSTAR MORTGAGE LLC • Court of Common Pleas • v. : Civil Division KEITH A. GARDNER : CUMBERLAND County • A/K/A KEITH A. GARDNER, JR • No.: 13-2817 CIVIL • Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE KEITH A. GARDNER A/K/A KEITH A. GARDNER, JR 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 134 HUMMEL AVENUE, LEMOYNE, PA 17043-1946. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 798214 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. 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. Banks 445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 798214 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276(1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums,fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 798214 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 798214 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 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. 798214 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 Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 798214 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 798214 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiffs Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan .. linan,LLP I � DATE: 21W/t By: 4 Jona . . Etkowicz,Esquire Atto i-; for Plaintiff 798214 Exhibit "A" 798214 4 i_ _L: '; hi THO"WOt \ • PHELAN HALLINAN,LLP 20I3 OCT 15 AN 10: So Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE,LLC : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS KEITH A.GARDNER : CIVIL DIVISION A/K/A KEITH A. GARDNER,JR : No. 13-2817 CIVIL 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 KEITH A. GARDNER AJK/A KEITH A.GARDNER,JR,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 $63,788.34 TOTAL $63,788.34 I hereby certify that(1)the Defendant's last known address is 134 HUMMEL AVENUE, LEMOYNE,PA 17043-1946, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date /6 lit/h3 Jo athan Lobb,Esq., Id. No.312174 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 6) i3 PH#798214 PROTHONOTARY avvj .51Ativi C /1S21K3 798214 f_t 961696)0A (V oth a (YIajPcl • • Exhibit "B" • 798214 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania February,',2014 KEITH A. GARDNER A/K/A KEITH A. GARDNER, JR 134 HUMMEL AVENUE LEMOYNE,PA 17043-1946 RE: NATIONSTAR MORTGAGE LLC v. KEITH A. GARDNER,A/K/A KEITH A. GARDNER,JR Premises Address: 134 HUMMEL AVENUE LEMOYNE,PA 17043 CUMBERLAND County CCP,No. 13-2817 CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days, by 2/17/2014. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. V ly ,ur Jo athr n Et owicz,Esq., Id. No.208786 At +rt .y for Plaintiff Enclosure 798214 N t 0Z 11 Bag t 6 t lilt 1.GOO ., - } m 70 ', �,,"tv D • - £U.t6t z a . a ....._. FEB 1120A 'p Ate. Q2 a 12 I Et S.' l ti . X41 g I 'gilds i§s saa a AO 8. .� y ago . g a 14a . U d 4 x s z d . IL i/ ' .a wr L d0. ! � atUst 1zE,,, W .. .1 o> 4. v +- °.g tic iv) = z < o t.7N . ji1 a, ' ,4f` i 4' .. P4'rs ';K A7 '� s- A �' ;,u,T k• r s r �a a,,,* as,,i 4« i t'.r i,sA ... . 40,4,t,-,.;. , a *,•$ S r ..f' r i n1a. 4 • 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 NATIONSTAR MORTGAGE LLC • Court of Common Pleas Plaintiff • Civil Division v. : CUMBERLAND County KEITH A. GARDNER • A/K/A KEITH A. GARDNER, JR • No.: 13-2817 CIVIL • Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. KEITH A. GARDNER A/K/A KEITH A. GARDNER, JR 134 HUMMEL AVENUE LEMOYNE, PA 17043-1946 Phela, .11i , LLP ' / DATE: 2 t/1`CJ By: Jo 7. Etkowicz,Esquire AT • N 1 EY FOR PLAINTIFF 798214 • . • • L:r. ( E PR0Tf3p��r't � • tG �rtr r. • • 2t�f l�r f=�'(3 2 f1 �tf� tD* f PHELAN HALLINAN, LLP Attorney for Plaintiff �} John Michael Kolesnik,Esq.,Id. No.308877 CUMBERLAh`C) C�UP�TY 1617 JFK Boulevard,Suite 1400 PENNS YLVAN{A One Penn CenterPlaza Philadelphia, PA 19103 John.Kolesnik @pile)an ha11inan.corn . 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 DIVLSION • • v. . . . No.: 13-2817 CIVIL • KEITHA.GARDNER A/K/A KEITH A. GARDNER, . JR 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 amendedif applicable. A copy-of the Certificate of Mailing(Form 3817 .nd/or Certified.Mail Return . • Receipt stamped by the U.S.Postal Service is attached h• .ibit"A". • • • Joh/ ichael Kolesnik,Esq.,ld.No.308877 2/find orney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#798214 • • . • • '4 �' . • • .• . BANK OF AMERICA;N.A.,AS SUCCESSOR BY' . • : COURT OF COMMON PLEAS MERGER'TO BAC ' •HOME LOANS SERVICING,LP • •• H ' . F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP CIVIL DIVISION . Plaintiff . . ' . NO.: 13-2817 CIVIL • KEITH A. GARDNER A/K/A KEITH A. GARI)NER,JR CUMBERLAND COUNTY . Defendant(s) • . . • . AMENDED 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 134 HUMMEL AVENUE,LEMOYNE,PA 17043-1946. • • 1. Name and address of Owner(s)or reputed Owner(s): . Name . ' •• Address(if address cannot be reasonably ascertained, . - please so indicate)' • • KEITH.A.GARDNER A/K/A KEITH A. • 134 HUMMEL AVENUE,LEMOYNE,PA 17043- • . • • G.ARDNER,JR . • 1946 • • • 2. Name and address of Defendant(s)in the judgment: • .Name . . ' Address(if address cannot be reasonably . • • . ascertained,please so indicate) • . • • • KEITH A.GARDNER A/K/A KEITH A. •. 134 HUMMELAVENUE • GARDNER,JR LEMOYNE,PA 17043-1946 . • • 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) ' • CAPITAL ONE BANK(USA),NA 4851 COX ROAD . •• • GLEN ALLEN,VA 23060 • CAPITAL ONE BANK C/O FREDERIC IVAN 1001 EAST HECTOR STREET,SUITE 220 WEINBERG,ESQUIRE CONSHOHOCKEN,PA 19428 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained, please indicate) PNC BANK,NATIONAL ASSOCIATION 2730 LIBERTY AVENUE PITTSBURGH,PA 15222 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#798214 , • • 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 134 HUMMEL AVENUE LEMOYNE,PA 1.7043-1946 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF. ' 13 NORTH HANOVER STREET •. • • . CUMBERLAND COUNTY CARLISLE,PA 17013 • . . • COMMONWEALTH OF.PENNSYLVANIA P.O.BOX 2675 : • . DEPARTMENT OF-WELFARE • . HARRISBURG,PA 17105 • . • • INTERNAL REVENUE SERVICE ADVISORY •• '1000 LIBERTY AVENUE ROOM'704 • ' . . . PITTSBURGH,PA 15222 • . • •• • U.S.DEPARTMENT OF JUSTICE . • 228 WALNUT STREET,•SUITE 220 . . U.S.ATTORNEY FOR THE MIDDLE ':PO BOX 11754 . • • • . . DISTRICT OF PA • HARRISBURG;PA 17108-1754 • • . FEDERAL BUILDING • . . . •• I verify that the statements made in this affidavit are true and correct to the best Of my personal' knowledge.or information and belief. I understand that false statements herein are made subject to the penalties • . • of 18.Pa. C.S.A. § 4904. relating to unsworn falsification to authorities. . . Date: 211011 By: j.P elan Hallinan,LLP /John Michael Kolesnik,Esq.,Id.No.308877 Attorney for Plaintiff PHELAN IJALLINAN, LLP 1617 JFK Boulevard,Suite 1400 • . One Penn Center Plaza, Philadelphia,PA 19103 215-563-7000 PH#798214 • ■r iI Name and Phelan Hallinen,LLP w C?o Address 16171FK Boulevard,Suite 1400 III n Of Sender One Penn Center Plaza r U Philadelphia,PA 19103 AZKIKAZ-03112/2014 SALE c ``, Line Article Number Name of Addressee,Street,and Post Office Address Postage i,4 O al 1 *"** CAPITAL ONE BANK(USA),NA $0.46 u' tr bR 4851 COX ROAD t i l o m 4 GLEN ALLEN,VA 23060 - !!! a 2 **** CAPITAL ONE BANK C/O FREDERIC IVAN WEINBERG,ESQUIRE $0.46 o 1001 EAST RECTOR STREET,SUITE 220 • D Hoop CONSHOROCKEN,PA 19428 • ' . , RE:KEITH A.GARDNER AJK/A KEITH A.GARDNER,JR(CUMBERLAND) PR#798214/1026 50.92 ' , Page1of1 4S Day • ': , 54( Toni Humber of • Toni Member ofPicea Postmaster.Par(Nutt of 11,e full deetuatioa of value is regain:dim all domestic and hfeesstioeol mabteecd tail T a sot f,,,J6 a • Pieces Listedby Seder Received a Poet Office. Receiving Emplo)oe) for the mroroboction of nonnegotiable bccnarsuzder Express bbel documet*,wmauctionc Piece subject toa limit of5500.000 per to•..,-The:nostrum todetwty ts)sbk an Lyme • • The nmumw indemnity psyabk is 521000 for rcgutned nun.sent with option!�unox.Sc R900 591)and 5921 for limitasiore of ooeetoRe. j. 4 Form 3877 Facsimile • • • • 642,../ PH#798214 • • • • . 4 Name and Phelan Hallinan,LLP Address 1617 JFK Boulevard,Suite 1400 o �, Of Sender One Penn Center Plaza Op a Philadelphia,PA 19103 AZK/CET-03/12/2014 SALE W C' Line Article Number Name of Addressee,Street and Post Office Address Postage z v o 1 as" TENANT/OCCUPANT $0.45 0 134 HUMMEL AVENUE w,'` C) LEMOYNE,PA 17043-1946 ' 2., as*• Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Divisio • $0.45 el 2.M 6th Floor,Strawberry Se,. met Dept 280601 7 ,..1%(.1° Harrisburg,PA 17128 o 0 3 sass Department of PubUt Welfare,TPL Casualty Unit,Estate Recovery Program . $0.45 P.O.BOX 8486 ..:.4;3:t • �;;��f �+, Willow Oak Bttliding •>Vii%«. Harrisburg,PA17105 50.45 7. •:- -r•it t • 4 a.sa PNC BANK,NATIONAL ASSOCIATION r :va 2730 LIBERTY AVENUE 1.•.' 1 dC f PITTSBURGH,PA 15222 5 ova* Domestic Relations of $O''� \ • . • •Cumberland County �'9. Wit` 13 North Hanover Street .")• Carlisle,PA 17013 •1 6 tar. ComawnweaalthofPmtuylvania $0.45 �d„�01bti� i Department of Welfare • • P.O.Box 2675 . , .Harrisburg,PA 17105 . ' - 7 so** Internal Revenue Service Advisory SOAS . • 1000 Liberty Avenue Room 704 . . . Pittsburgh,PA 15222 8 *»ace U.S.Department of Justice • U.S.Attorney for the Middle District of PA i • 04 Federal-Building 228 Walnut Street,Suite 220 PO Box 11754 • tin „r•, ..PA 17108.1754 - !l 14d rA$DNS3t AtK/A 1GfiiT17<A GARDIVER:�It_(CUM9ERLANLIJ _EH 1t:.94.f4g022- y $3.60 �'aj l ot9- Writ.Team 1 • Total Number of Total Number of Pieces Po,tm,.nn,Per(Name of Tlx fall dnlaranon of voloe is requOM all.11 do ..r and ietcmrtknat temstmed mail.The mauimom indemnity paytbk t Pines[Iced by Sevin Retxiwd at Poll 07 P.m-eh-Ong Employee) (or the reconstruction of ranttSulabk Boca under Express Mail document taeortsrraaioo inunnec u 550,000 pa pions subject to a limit of$300,000 Per ooc000-,The maximum bdcnmily Wyabk 00&p0000 Mail meta•-^�:e is$500. The maximum indrrmuy payable is$73.000 for paterM mail,sera with optional tnonnee,So,Domenic Mail Manual 59005913 and 5921 for Gm4utiom of wvut}X. • • • l Form 3877 Facsimile 1 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NATIONSTAR MORTGAGE LLC Court of Common Pleas V. Civil Division KEITH A. GARDNER CUMBERLAND County A/K/A KEITH A. GARDNER, JR No.: 13-2817 CIVIL Defendant RULE AND NOW, this Zs' day of 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE Ci- 4-4 (L. J. �. .73 CO tip Cn N <> CJ1 r-X. C. .J. 798214 s 11.-4onathan M.Etkowicz,Esq.,Id.No.208786 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 ,,-<EITH A. GARDNER A/K/A KEITH A. GARDNER, JR 134 HUMMEL AVENUE LEMOYNE, PA 17043-1946 798214 a� �y 798214 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215 -563 -7000 NATIONSTAR MORTGAGE, LLC Plaintiff vs. KEITH A. GARDNER A/K/A KEITH A. GARDNER, JR PROTH0NOTAR4 2011; MAR —6 Ali ICs: 47 CUMBERLAND COUNTY PENNSYLVANIA Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -2817 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's February 25, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. KEITH A. GARDNER A/K/A KEITH A. GARDNER, JR 134 HUMMEL AVENUE LEMOYNE, PA 17043 -1946 DATE: 4.3/sliti By: John D. Kr6hn, Esq., Id. No.312244 Attorney for Plaintiff Phelan Hallinan, LLP 798214 p.iRLia1:.,iD COL;' PHELAN HALLINAN, LLP Lauren R. Tabas, Esq., Id. No.93337 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Lauren.Tabas@phelanhallinan.com 215 -563 -7000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC Plaintiff, v. KEITH A. GARDNER A/K/A KEITH A. GARDNER, JR Defendant(s) : CIVIL DIVISION : No.: 13 -2817 CIVIL NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for 06/04/2014 .t 1. i0 AM in the above - captioned matter has been continued until 07 /02/2014 at 10:00 AM. 1)56( iLt Date: PH # 798214 auren R. Tabas, Esq., Id. o.93337 Attorney for Plaintiff PHELAN HALLINAN, LLP Lauren R. Tabas, Esq., Id. No.93337 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Lauren.Tabas@phelanhallinan.com 215 -563 -7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC Plaintiff, Attorney for Plaintiff v. : CIVIL DIVISION KEITH A. GARDNER A/K/A KEITH A. GARDNER, JR Defendant(s) : No.: 13 -2817 CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriff's Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: KEITH A. GARDNER 134 HUMMEL AVENUE LEMOYNE, PA 17043 -1946 Date: PH # 798214 ask flJ*- Wuren . Tabas, sq., . ' 0 33 Attorney for Plaintiff Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY - r� , i_ H ) O-110' iiiEtI JUL -3 FM 3: C'.i t"8 EPEP� � ALV COUNTY 1� � A Bank of America N.A. vs. Keith Gardner, Jr Case Number 2013-2817 SHERIFF'S RETURN OF SERVICE 01/09/2014 12:10 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 134 Hummel Avenue, Lemoyne - Borough, Lemoyne, PA 17043, Cumberland County. 01/13/2014 01:23 PM - Deputy William Cline, 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: Keith Gardner, Jr at 134 Hummel Avenue, Lemoyne Borough, Lemoyne, PA 17043, Cumberland County. 03/12/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/4/2014 05/15/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/2/2014 07/02/2014 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: $756.43 SO ANSWERS, July 02, 2014 'ci CountySu e Sheriff. Teleosoft, Laic, RONFR ANDERSON, SHERIFF c..14 7701 12# 304 On December 13, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA, Known and numbered as, 134 Hummel Avenue, Lemoyne, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: December 13, 2013 By: CUttic Real Estate Coordinator ti (ID W 173 m r o .77 k") V) { rn D LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2013-2817 Civil Term Nationstar Mortgage LLC vs. Keith Gardner, Jr. Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13-2817 CIVIL, NATIONSTAR MORTGAGE, LLC vs. KEITH A. GARDNER a/k/a KEITH A. GARD- NER, JR., owner(s) of property situate in LEMOYNE BOROUGH, CUMBER- LAND County, Pennsylvania, being 134 HUMMEL AVENUE, LEMOYNE, PA 17043-1946. Parcel No. 12-21.0265.395. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $63,788.34. 35 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: January 24, January 31, and February 7, 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, E tor SWORN TO AND SUBSCRIBED before me this 7 da of Februar 2014 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. .2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 1ic patriot Jews 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. 2013-2817 Civil Term Nationstar Mortgage LLC Vs Keith Gardner, Jr Atty: Joseph Schalk By virtue of a Writ of Execution No. 13-2817 CIVIL NATIONSTAR MORTGAGE, LLC v. KEITH A. GARDNER A/K/A KEITH A. GARDNER, JR owner(s) of property situate in LEMOYNE BOROUGH, CUMBERLAND County, Pennsylvania, being 134 HUMMEL AVENUE, LEMOYNE, PA 17043-1946 Parcel No. 12-21.0265.395 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $63,788.34 This ad ran on the date(s) shown below: 01/19/14 01/26/14 02/02/14 Swo subscribed before t . 18 day of February, 2014 A.D. SII,tc? ry Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington TWp., Dauphin County My Commission Ex iros MEMBER PENNSYLVANIA ASSOCIATION OP NOTARIES