HomeMy WebLinkAbout13-2946 Supreme Cour-tof-Pennsylvania
Cour G , Pleas For Prothonotary ,4 a ary Use Only:
;y�rvil�Cov�e� eet
Cu E ,o County Docket No: P'V��'ltA
The information collected on this is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court.
Commencement of Action:
S 0 Complaint ❑ Writ of Summons ❑ Petition
E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
Lead Plaintiff's Name: BANK OF AMERICA, N.A., AS Lead Defendant's Name: RYAN P. LEWIS
C SUCCESSOR BY MERGER TO BAC HOME LOANS
T SERVICING, LP F/K/A COUNTRYWIDE HOME
LOANS SERVICING, LP
0 Are money damages requested? ❑ Yes Z No Dollar Amount Requested: ❑ within arbitration limits
(Check one) ❑x outside arbitration limits
N
Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes No
A Name of Plaintiff/Appellant's Attorney: John D. Krohn, Esq., Id. No.312244, Phelan Hallinan, LLP
f ❑ Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
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:
E ❑ Slander/Libel/ Defamation Discrimination
❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board
C ❑ Other:
T
I El Other:
O MASS TORT
❑ Asbestos
N ❑ Tobacco
i
❑ 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
® 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.CP 205.5
Updated OI /OI /2011
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CST
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Tom• c.,
PHELAN HALLINAN, LLP
John D. Krohn, Esq., Id. No.312244
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza ATTORNEY FOR PLAINTIFF
Philadelphia, PA 19103
215 -563 -7000
BANK OF AMERICA, N.A., AS SUCCESSOR BY
MERGER TO BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS
F/K/A COUNTRYWIDE HOME LOANS
SERVICING, LP CIVIL DIVISION
7105 CORPORATE DRIVE
PLANO, TX 75024 TERM
Plaintiff NO J -� � � � 10
V.
CUMBERLAND COUNTY
RYAN P. LEWIS
1074 LANCASTER BOULEVARD, #7
MECHANICSBURG, PA 17055 -4472
Defendant
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 320730
s '
1. Plaintiff is
BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME
LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP
7105 CORPORATE DRIVE
PLANO, TX 75024
2. The name(s) and last.known address(es) of the Defendant(s) are:
RYAN P. LEWIS
1074 LANCASTER BOULEVARD, #7
MECHANICSBURG, PA 17055 -4472
who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 01/29/2008 RYAN P. LEWIS made, executed and delivered a mortgage upon the
premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. AS NOMINEE FOR COUNTRYWIDE BANK, FSB, which mortgage
is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in
Mortgage Instrument No. 200803070. By Assignment of Mortgage recorded 04/23/2012
the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment
of Mortgage Instrument No. 201211691.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. BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME
LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP,
directly or through an agent, has possession of the'promissory note. The promissory note
is either made payable to BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER
TO BAC HOME LOANS SERVICING, LP F /K/A COUNTRYWIDE HOME LOANS
SERVICING, LP or has been duly endorsed.
File #: 320730
5. The premises subject to said mortgage is described as attached.
6. 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.
7. The following amounts are due on the mortgage as of 04/17/2013:
Principal Balance $69,707.61
Interest $5,286.12
03/01/2012 through 04/30/2013
Late Charges $325.70
Property Inspections $15.00
Escrow Deficit $1,616.45
TOTAL $76,950.88
8. 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.
9. 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
File #: 320730
the Plaintiff or an authorized - consumer credit counseling agency, or has/have been denied
assistance by the Pennsylvania Housing Finance Agency.
10. This action does not come under Act 91-of 1983 because the mortgage is FHA - insured.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$76,950.88, 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. Kroirn, Esq., Id. No.312244
Attorney for Plaintiff
File #: 320730
LEGAL DESCRIPTION
ALL THAT CERTAIN apartment dwelling unit situated in Sunguild Condominium, Upper Allen
Township, Cumberland County, Pennsylvania being designated as Unit No. 1074 -7 in the
Declaration and Declaration Plan of said Condominium recorded in the Recorder of Deeds
Office of Cumberland County, Pennsylvania under the provision of the Unit Property Act of July
3, 1963, P.L. 196.
TOGETHER with all right of title and interest, being a 1.5414% interest, of, in and to the
Common Elements as more fully set forth in the aforesaid Declaration of Condominium and
Declaration Plans.
UNDER AND SUBJECT to all agreements, conditions, easements and restrictions of record and
to the provision, easements, covenants and restrictions contained in the Declaration, the Code of
Regulations and the Declaration Plans.
THE Grantees, for and on behalf of the Grantees, and the Grantees' heirs, personal
representatives, successors and assigns, by the acceptance of the Deed, covenant and agree to
pay such charges for the maintenance of, repairs to, replacement of and expenses in connection
with the Common Elements as may be assessed from time to time by the Council in accordance
with the Unit Property Act of Pennsylvania, and further covenant and agree that the Unit
conveyed by the Deed shall be subject to a charge for all amounts to assessed and that, except
insofar as Secti0on 705 and 706 of said Unit Property Act may relieve a subsequent unit owner
of liability for proper unpaid assessments, this covenant shall run with and bind the land or Unit
hereby conveyed and all subsequent owners thereof.
File #: 320730
The Grantees, for and on behalf of the Grantees and the Grantees' heirs and assigns by
acceptance of the Deed and execution below, acknowledge that this conveyance is subject in
every respect to the Declaration of Condominium and Code Regulations and all amendments
thereto; and the Grantees further acknowledge that each and every provision of the foregoing is
essential to the best interest and for the benefit of all Unit Owners therein. Grantees and all
owners of Units in said condominium covenant and agree, as a covenant running with the land,
to abide by each and every provision of said documents.
SAID Declaration, Code of Regulations and Declaration Plans are recorded in Miscellaneous
Book 249, Page 810 and Plan Book 37, Page 23 respectively.
PROPERTY ADDRESS: 1074 LANCASTER BOULEVARD, #7, MECHANICSBURG,
PA 17055 -4472
PARCEL # 42 -24- 0792 - 041.- U1074 -7
File #: 320730
5 ♦ -
. VERIFICATION
hereby states that hen�- is \L�t hreS d e-A of BANK OF
AMERICA, N.A., Plaintiff in this matter, that h 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 hise9 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: 0 13
V x p✓ ls(de&�-
BANK OF AMERICA, N.A.
File #: 320730
File #: 320730
FORM 1
IN THE COURT OF BANK OF AMERICA, N.A., AS SUCCESSOR BY : OF CUMBERLAND COUNTTY
MERGER TO BAC HOME LOANS SERVICING, C= _ --A
LP F/K/A COUNTRYWIDE HOME LOANS
SERVICING, LP
-a r`
Plaintiff(s) :;0�
vs.� �-
rri e
RYAN P. LEWIS n Q / _ � Z!5
Defendant(s) '� / g 6 civil
C_3
_3 - 4 '
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to
participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference.
First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400
extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you have been appointed a legal representative, you must promptly meet with that legal representative within
twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all
requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal
representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with 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 fora
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:
_ 5122
Date
John . Krohn, Esq., Id. No.312244
Attorney for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Date Financial Worksheet
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/PRI MARV 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:
Email:
Cell: Other:
# of people in household: How long?
CO-BORROWER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Email: Cell: Other:
# 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 Amount Owed Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile # 1: Model: Year:
Amount owed: Value:
Automobile #2 : Model: Year:
Amount owed: Value:
Other transportation (automobiles boats motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
I • Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly Net
Additional Income Description (not wages):
I. 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 /Twit. 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:
1
' 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 Uwe am/are under no obligation to
use the counseling services provided by the above named
Borrower Signature Date
Co- Borrower Signature Date
Please forward this document along with the following 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)
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 #: 320730
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff ' p
.00 at
Jody S Smith
Chief Deputy .. , t;13 e •-
tent GG r .1 3:
Richard W Stewart
Solicitor N ;n f C l.' pi E+L A+'r U AC O IT!T t'
Bank of America, N.A.
vs. Case Number
Ryan P. Lewis 2013-2946
SHERIFF'S RETURN OF SERVICE
05/28/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Ryan P. Lewis, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure
Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 1074 Lancaster Boulevard,
Unit 7, Upper Allen Township, Mechanicsburg, PA 17055. Residence is vacant.
05/28/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Ryan P. Lewis, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within
Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure
according to law.
06/03/2013 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in
Mortgage Foreclosure served by the Sheriff of York County upon Doug Lewis, Father of defendant, who
accepted for Ryan P. Lewis, at 1074 Lancaster Boulevard, Unit 7, Upper Allen Township, Mechanicsburg,
PA 17055. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record.
SHERIFF COST: $63.30 SO ANSWERS,
June 13, 2013 RONNK ANDERSON, SHERIFF
cu^,Sw�cihanf'.Tc.'sef.._,,.
SHERIFF'S OFFICE OF YORK COUNTY
Richard P Keuerleber PETER J. MANGAN, ESQ.
Sheriff / lb. Solicitor
Reuben B Zeager 1 Richard E Rice, II
Chief Deputy, Operations Chief Deputy,Administration
BANK OF AMERICA, N.A.AS SUCCESSOR BY MERGER TO Case Number
vs.
RYAN P. LEWIS 13-2946 CIVIL
SHERIFF'S RETURN OF SERVICE
06/03/2013 08:55 AM -DEPUTY TAYLOR ECK, BEING DULY SWORN ACCORDING TO LAW, SERVED THE
REQUESTED NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM BY
HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE DOUG LEWIS,
FATHER, WHO ACCEPTED AS"ADULT PERSON IN CHARGE" FOR RYAN P. LEWIS AT 321 SHARON
DRIVE, NEW CUMBERLAND, PA 17070. 7/'
/r7
TAYLOR ECK, DEPUTY
SHERIFF COST: $45.60 S5 NS 1•RS,
June 10, 2013 RICHARD P KEUE'LEBER,SHERIFF
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Shells E.Cook,Notary Public
City of York,York County
r _ M�Commllon res Feb.1,2017
"F N'3ER,PENNSYLVANIA ASSOCIATION OF NOTARIES
NOTARY
Affirmed and subscribed to before me this / /I
10TH day of JUNE , 2013 ' ,
(C)0ourtySuite Sheriff,Teleosoft,Inc.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
rI '21';''Jody S Smith �+
Chief Deputy ,�
Richard W Stewart
Solicitor E<Pr! �f�_ f �.r� w d
h5
agatinigniall
Bank of America, N.A. Case Number
vs. 2013-2946
Ryan P. Lewis
SHERIFF'S RETURN OF SERVICE
05/28/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Ryan P. Lewis, but was unable to locate the Defendant in his
bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure
Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 1074 Lancaster Boulevard,
Unit 7, Upper Allen Township, Mechanicsburg, PA 17055. Residence is vacant.
05/28/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Ryan P. Lewis, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within
Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure
according to law.
06/03/2013 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in
Mortgage Foreclosure served by the Sheriff of York County upon Doug Lewis, Father of defendant, who
accepted for Ryan P. Lewis, at 321 Sharon Drive, New Cumberland, PA 17055. Richard Keuerleber,
Sheriff, Return of Service attached to and made part of the within record.
SHERIFF COST: $63.30 SO ANSWERS,
June 13, 2013 RONNY R ANDERSON, SHERIFF
ti,i C;u^ra';uit6 S!er:t. reaeaeofr cc.
SHERIFF'S OFFICE OF YORK COUNTY
Richard P Keuerleber i� PETER J. MANGAN, ESQ.
Sheriff �, ' ' Solicitor
4 47- -0 7-7,
Reuben B Zeager '
er
9 Richard E Rice, II
Chief Deputy, Operations cc S Chief Deputy,Administration
BANK OF AMERICA, N.A.AS SUCCESSOR BY MERGER TO Case Number
vs.
RYAN P. LEWIS 13-2946 CIVIL
SHERIFF'S RETURN OF SERVICE
06/03/2013 08:55 AM -DEPUTY TAYLOR ECK, BEING DULY SWORN ACCORDING TO LAW, SERVED THE
REQUESTED NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM BY
HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE DOUG LEWIS,
FATHER, WHO ACCEPTED AS"ADULT PERSON IN CHARGE"FOR RYAN P. LEWIS AT 321 SHARON
DRIVE, NEW CUMBERLAND, PA 17070.
TAYLOR ECK, DEPUTY
SHERIFF COST $45.60 S NS •RS,
- . J
June 10, 2013 RICHARD P KEUERLEBER, SHERIFF
COMMONWEALTH OF PENNSYLVANIA
l�..— Notarial Seal
Shelia E.Cook,Notary Public
City or York,York County
tHy commission Expires Feb.1,2017
Ffr'U,PENNSYLVANIA ASSOCIATION Of NOTARIES
NOTARY
Affirmed and subscribed to before me this
i:Ly
10TH day of JUNE 2013 �° j_ y
10 OountvSuite Sheriff,Teleosoft Inc.
PHELAN HALLINAN, LLP Attorney for Plaintiff
Jonathan Lobb, Esq., Id. No.312174 Le 1 j H HO'i 18 AM 9: 2
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza '..,L`'' i;E rt L E ti J COUNT':
Philadelphia, PA 19103 ''EI HS 'LVANIA
Jonathan.Lobb@phelanhallinan.com
215-563-7000
BANK OF AMERICA, N.A.,AS : CUMBERLAND COUNTY
SUCCESSOR BY MERGER TO BAC
HOME LOANS SERVICING, LP F/K/A : COURT OF COMMON PLEAS
COUNTRYWIDE HOME LOANS
SERVICING, LP : CIVIL DIVISION
vs. : No. 13-2946-CIVIL
RYAN P. LEWIS
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 RYAN P. LEWIS, Defendant
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 $76,950.88
TOTAL $76,950.88
I hereby certify that (1) the Defendant's last known addresses are 1074 LANCASTER
BOULEVARD, APARTMENT 7, MECHANICSBURG, PA 17055-4472 and 321 SHARON
DRIVE, NEW CUMBERLAND, PA 17070-3052, and(2) that notice has been given in
accordance with Rule Pa.R.C.P 237.1.
Date u )I `� 13
J than Lobb,Esq., Id. No.312174
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: 1 ) ,.r
PH#814488 PROTHONOTARY
aotsiif.sD
Ckt4 131/7.90f
ggg3 Qa)3
It).4>u
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
BANK OF AMERICA, N.A.,AS : CUMBERLAND COUNTY
SUCCESSOR BY MERGER TO BAC
HOME LOANS SERVICING,LP F/K/A : COURT OF COMMON PLEAS
COUNTRYWIDE HOME LOANS
SERVICING,LP : CIVIL DIVISION
vs. : No. 13-2946-CIVIL
RYAN P. LEWIS
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 is 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 RYAN P. LEWIS is over 18 years of age and last known
addresses are1074 LANCASTER BOULEVARD, APARTMENT 7, MECHANICSBURG, PA
17055-4472 and 321 SHARON DRIVE, NEW CUMBERLAND, PA 17070-3052.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date /i l
Phe n 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
814488
,Department of Defense Manpower Data Center Results as of:Nov-15-201312:16:23
SCRA 3.0
x�L ee
a ,
Status Report
Pursuant to Senticententhers Civil Relief Act.
Last Name: LEWIS
First Name: RYAN
Middle Name: P
Active Duty Status As Of: Nov-15-2013
On Active Duty On Active Duty Status Date
Ac h g aft+Oed Date Active Duty End Date status sumo s6tnboheft ^.
NA NA
(Rule of Civil Procedure No. 236) -Revised
BANK OF AMERICA, N.A., AS : CUMBERLAND COUNTY
SUCCESSOR BY MERGER TO BAC
HOME LOANS SERVICING, LP F/K/A : COURT OF COMMON PLEAS
COUNTRYWIDE HOME LOANS
SERVICING,LP
: CIVIL DIVISION
vs.
: No. 13-2946-CIVIL
RYAN P. LEWIS
Notice is given that a Judgment in the above captioned matter has been entered
against you on 3.
By
If you have any questions concerning this matter please contact:
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
814488
•
BANK OF AMERICA,N.A.,AS SUCCESSOR BY COURT OF COMMON PLEAS
MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION
LP F/K/A COUNTRYWIDE HOME LOANS
SERVICING,LP NO. 13-2946-CIVIL
Plaintiff
v. CUMBERLAND COUNTY
RYAN P.LEWIS
Defendant(s)
TO: RYAN P.LEWIS
1074 LANCASTER BOULEVARD,APARTMENT 7
MECHANICSBURG,PA 17055-4472
DATE OF NOTICE: 10 1311t3
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary CUMBERLAND COUNTY BAR
Cumberland County Courthouse ASSOCIATION
1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE
Carlisle,PA 17013 2 LIBERTY AVENUE
(717)240-6195 CARLISLE,PA 17013
(717)249-3166
By: l.' tell
Meredith Wooters,Esq.,Id.No.307207
Attorney for Plaintiff
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
PH#814488
BANK OF AMERICA,N.A.,AS SUCCESSOR BY COURT OF COMMON PLEAS
MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION
LP F/K/A COUNTRYWIDE HOME LOANS
SERVICING,LP NO. 13-2946-CIVIL
Plaintiff
v. CUMBERLAND COUNTY
RYAN P.LEWIS
Defendant(s)
TO: RYAN P.LEWIS
321 SHARON DRIVE
NEW CUMBERLAND,PA 17070-3052
DATE OF NOTICE: i t 11 I3
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary CUMBERLAND COUNTY BAR
Cumberland County Courthouse ASSOCIATION
1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE
Carlisle,PA 17013 2 LIBERTY AVENUE
(717)240-6195 CARLISLE,PA 17013
(717)249-3166
�By: ILAJ A A.4
Me - th Wooters,Esq.,Id.No.307207
Attorney for Plaintiff
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
PH#814488
PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC COURT OF COMMON PLEAS
HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS
SERVICING,LP CIVIL DIVISION
Plaintiff
NO.: 13-2946-CIVIL
V.
RYAN P.LEWIS CUMBERLAND COUNTY
Defendant(s)
To the Prothonotary:
Issue writ of execution in the above matter:
Amount Due $76,950.88
Interest from 11/19/2013 to Date of Sale $1,442.10
($12.65 per diem)
TOTAL 8 392.98
Phel ' an,LLP
Jo ichael Kolesnik,Esq.,Id.No.308877
orney for Plaintiff
Note: Please attach description of property.
PH#814488
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LEGAL DESCRIPTION
ALL THAT CERTAIN apartment dwelling unit situated in Sunguild Condominium,Upper Allen Township,
Cumberland County,Pennsylvania being designated as Unit No. 1074-7 in the Declaration and Declaration
Plan of said Condominium recorded in the Recorder of Deeds Office of Cumberland County,Pennsylvania
under the provision of the Unit Property Act of July 3, 1963,P.L. 196.
TOGETHER with all right of title and interest,being a 1.5414% interest,of, in and to the Common Elements
as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans.
UNDER AND SUBJECT to all agreements,conditions,easements and restrictions of record and to the
provision,easements,covenants and restrictions contained in the Declaration,the Code of Regulations and
the Declaration Plans.
THE Grantees,for and on behalf of the Grantees,and the Grantees'heirs,personal representatives, successors
and assigns,by the acceptance of the Deed,covenant and agree to pay such charges for the maintenance of,
repairs to,replacement of and expenses in connection with the Common Elements as may be assessed from
time to time by the Council in accordance with the Unit Property Act of Pennsylvania,and further covenant
and agree that the Unit conveyed by the Deed shall be subject to a charge for all amounts to assessed and that,
except insofar as Secti0on 705 and 706 of said Unit Property Act may relieve a subsequent unit owner of
liability for proper unpaid assessments,this covenant shall run with and bind the land or Unit hereby
conveyed and all subsequent owners thereof.
The Grantees,for and on behalf of the Grantees and the Grantees'heirs and assigns by acceptance of the
Deed and execution below,acknowledge that this conveyance is subject in every respect to the Declaration of
Condominium and Code Regulations and all amendments thereto;and the Grantees further acknowledge that
each and every provision of the foregoing is essential to the best interest and for the benefit of all Unit
Owners therein.Grantees and all owners of Units in said condominium covenant and agree,as a covenant
running with the land,to abide by each and every provision of said documents.
TITLE TO SAID PREMISES VESTED IN Ryan P.Lewis,single person,by Deed from Nancy R.
Atkinson,single person,dated 01/29/2008,recorded 01/31/2008 in Instrument Number 200803069.
PREMISES BEING: 1074 LANCASTER BOULEVARD,APARTMENT 7,MECHANICSBURG,PA
17055-4472
PARCEL NO.42-24-0792-041:U1074-7
PHELAN HALLINAN, LLP Attorneys for Plaintiff
'-ILLL1-Cl, ,-�U _
John Michael Kolesnik, Esq., Id. No.308877 . , , r ' PR ��� 3 � F
1617 JFK Boulevard, Suite 1400 `s'' (II - I R0TH0N01= 4�7 .
One Penn Center Plaza 2N 3 DEC _5 AM 10: 9
Philadelphia, PA 19103
John.Kolesnik @phelanhallinan.com CUMBERLAND COUNTY
215-563-7000 PENNSYLVANIA
BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO COURT OF COMMON PLEAS
BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE
HOME LOANS SERVICING, LP CIVIL DIVISION
Plaintiff
NO.: 13-2946-CIVIL
V.
RYAN P. LEWIS CUMBERLAND COUNTY
Defendant(s)
CERTIFICATION
The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned
matter and that the premises are not subject to the provisions of Act 91 because:
(X) the mortgage is an FHA Mortgage
( ) the premises is non-owner occupied
( ) the premises is vacant
( ) Act 91 procedures have been fulfilled
( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943
This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to
authorities.
By:
e allinan,LLP
John Michael Kolesnik,Esq.,Id.No.308877
Attorney for Plaintiff
BANK OF AMERICA, N.A.,AS SUCCESSOR BY COURT OF COMMON PLEAS
MERGER TO BAC HOME LOANS SERVICING, LP
F/K/A CQUNTRYWIDE HOME LOANS SERVICING, LP CIVIL DIVISION
Plaintiff
NO.: 13-2946-CIVIL
V.
RYAN P. LEWIS CUMBERLAND COUNTY
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129.1
BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP F/K/A
COUNTRYWIDE HOME LOANS SERVICING,LP,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date
the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 1074 LANCASTER
BOULEVARD,APARTMENT 7,MECHANICSBURG,PA 17055-4472.
1. Name and address of Owner(s)or reputed Owner(s):
Name Address(if address cannot be reasonably ascertained,
please so indicate)
RYAN P.LEWIS 321 SHARON DRIVE
NEW CUMBERLAND,PA 17070-3052
2. Name and address of Defendant(s)in the judgment:
Name Address(if address cannot be reasonably
ascertained,please so indicate)
RYAN P.LEWIS 321 SHARON DRIVE
NEW CUMBERLAND,PA 17070-3052
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)
SUNGUILD CONDOMINIUM ASSOCIATION 1000 NORTH PRINCE STREET
LANCASTER,PA 17603
SUNGUILD CONDOMINIUM ASSOCIATION, 210 CARNEGIE CTR,STE 120
C/O ELLEN M.GOODMAN,ESQ. PRINCETON,NJ 08542
M i--
4. Name and address of last recorded holder of every mortgage of record: c�i� in C
Name Address(if address cannot be
reasonably ascertained,please indicate) ' 7"
b C)
None. ,
PH# 814488
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)
F UPPER ALLEN TOWNSHIP,C/O J. STEPHEN 100 GETTYSBURG PIKE
FEINOUR,ESQ. MECHANICSBURG,PA 17055
UPPER ALLEN TOWNSHIP,C/O J.STEPHEN PO BOX 840
FEINOUR,ESQ. HARRISBURG,PA 17108-0840
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)
SUNGUILD CONDOMINIUM ASSOCIATION 1000 NORTH PRINCE STREET
LANCASTER,PA 17603
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 1074 LANCASTER BOULEVARD
APARTMENT 7
MECHANICSBURG,PA 17055-4472
DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET
CUMBERLAND COUNTY CARLISLE,PA 17013
COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675
DEPARTMENT OF WELFARE HARRISBURG,PA 17105
INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704
PITTSBURGH,PA 15222
U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220
U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754
DISTRICT OF PA HARRISBURG,PA 17108-1754
FEDERAL BUILDING
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities.
Date: /Z f /? By:
PheisdHallinan,LLP
Jo Michael Kolesnik;Esq.,Id.No.308877
ttorney for Plaintiff
PHELAN HALLINAN,LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza,Philadelphia,PA 19103
215-563-7000
PH# 814488
BANK-9F AMERICA, N.A., AS SUCCESSOR BY MERGER COURT OF COMMON PLEAS
TO BAC HOME LOANS SERVICING, LP F/K/A
COUNTRYWIDE HOME LOANS SERVICING, LP CIVIL DIVISION
Plaintiff NO.: 13-2946-CIVIL
VS.
CUMBERLAND COUNTY
RYAN P. LEWIS
Defendant(s)
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: RYAN P. LEWIS RYAN P. LEWIS Zi gn rn
1074 LANCASTER BOULEVARD, 321 SHARON DRIVE ,r c '
APARTMENT 7 NEW CUMBERLAND, PA 170' X95 ac
�_'•
MECHANICSBURG, PA 17055-4472
C r
..c
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
Your house (real estate) at 1074 LANCASTER BOULEVARD,APARTMENT 7,
MECHANICSBURG,PA 17055-4472 is scheduled to be sold at the Sheriff's Sale on 03/12/2014 at 10:00 AM in
the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment
of$76,950.88 obtained by BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME
LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP (the mortgagee)
against you. In the event the sale is continued, an announcement will be made at said sale in compliance with
Pa.R.C.P. Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the
price bid by calling 215-563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared
to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this
has happened, you may call 215-563-7000.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if
the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff
gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of
distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after
the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his
office. This schedule will state who will be receiving that money. The money will be paid out in accordance
with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff
within ten(10) days after the filing of the proposed schedule.
7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately
after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
f
SHORT DESCRIPTION
By virtue of a Writ of Execution No. 13-2946-CIVIL
BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS
SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP
V.
RYAN P. LEWIS
owner(s) of property situate in the UPPER ALLEN TOWNSHIP, CUMBERLAND County,
Pennsylvania, being
1074 LANCASTER BOULEVARD,APARTMENT 7,MECHANICSBURG, PA 17055-
4472
Parcel No. 42-24-0792-041.-U1074-7
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
Judgment Amount: $76,950.88
Attorneys for Plaintiff
Phelan Hallinan, LLP
LEGAL DESCRIPTION
ALL THAT CERTAIN apartment dwelling unit situated in Sunguild Condominium,Upper Allen Township,
Cumberland County,Pennsylvania being designated as Unit No. 1074-7 in the Declaration and Declaration
Plan of said Condominium recorded in the Recorder of Deeds Office of Cumberland County,Pennsylvania
under the provision of the Unit Property Act of July 3, 1963,P.L. 196.
TOGETHER with all right of title and interest,being a 1.5414% interest,of,iun and to the Common Elements
as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans.
UNDER AND SUBJECT to all agreements,conditions,easements and restrictions of record and to the
provision,easements,covenants and restrictions contained in the Declaration,the Code of Regulations and
the Declaration Plans.
THE Grantees,for and on behalf of the Grantees,and the Grantees'heirs,personal representatives, successors
and assigns,by the acceptance of the Deed,covenant and agree to pay such charges for the maintenance of,
repairs to,replacement of and expenses in connection with the Common Elements as may be assessed from
time to time by the Council in accordance with the Unit Property Act of Pennsylvania,and further covenant
and agree that the Unit conveyed by the Deed shall be subject to a charge for all amounts to assessed and that,
except insofar as Secti0on 705 and 706 of said Unit Property Act may relieve a subsequent unit owner of
liability for proper unpaid assessments,this covenant shall run with and bind the land or Unit hereby
conveyed and all subsequent owners thereof.
The Grantees,for and on behalf of the Grantees and the Grantees'heirs and assigns by acceptance of the
Deed and execution below,acknowledge that this conveyance is subject in every respect to the Declaration of
Condominium and Code Regulations and all amendments thereto;and the Grantees further acknowledge that
each and every provision of the foregoing is essential to the best interest and for the benefit of all Unit
Owners therein.Grantees and all owners of Units in said condominium covenant and agree,as a covenant
running with the land,to abide by each and every provision of said documents.
TITLE TO SAID PREMISES VESTED IN Ryan P. Lewis,single person,by Deed from Nancy R.
Atkinson,single person,dated 01/29/2008,recorded 01/31/2008 in Instrument Number 200803069.
PREMISES BEING: 1074 LANCASTER BOULEVARD,APARTMENT 7,MECHANICSBURG,PA
17055-4472
PARCEL NO.42-24-0792-041.-U1074-7
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 13-2946 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt,interest and costs due BANK OF AMERICA,N.A.,AS SUCCESSOR BY
MERGER TO BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE HOME LOANS
SERVICING,L.P.Plaintiff(s)
From RYAN P.LEWIS
(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: $76,950.88 L.L.: $.50
Interest FROM 11/19/2013 TO DATE OF SALE($12.65 PER DIEM)-$1,442.10
Atty's Comm: Due Prothy: $2.25
Atty Paid: $212.05 Other Costs:
Plaintiff Paid:
Date: 12/5/2013
David D.Buell,Prothon ary
(Seal) ' By:
Deputy
REQUESTING PARTY:
Name:JOHN MICHAEL KOLESNIK,ESQUIRE
Address: PHELAN HALLINAN,LLP
1617 JFK BLVD.,SUITE 1400
ONE PENN CENTER PLAZA
PHILADELPHIA,PA 19103
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No.308877
■ CJI!`•
T EL 2b I
. t,.1 l.l ,
PENNSYLVANIA
Phelan Hallinan, LLP
John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
john.krohn@phelanhallinan.com
215-563-7000
BANK OF AMERICA, N.A., AS SUCCESSOR • Court of Common Pleas
•
BY MERGER TO BAC HOME LOANS
SERVICING, LP F/K/A COUNTRYWIDE HOME • Civil Division
•
LOANS SERVICING, LP
Plaintiff • CUMBERLAND County
•
v. • No.: 13-2946-CIVIL
RYAN P. LEWIS
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 24, 2013.
2. Judgment was entered on November 18, 2013 in the amount of$76,950.88. A
true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and
marked as Exhibit "A".
814488
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. A Sheriffs Sale of the mortgaged property at 1074 LANCASTER BOULEVARD,
APARTMENT 7, MECHANICSBURG, PA 17055-4472 (hereinafter the "Property")was
postponed or stayed for the following reason:
a.) The Defendant, RYAN P. LEWIS, filed a Chapter 07 Bankruptcy at Docket Number
1:13-03245 on June 21, 2013. The Bankruptcy stay ended when the Bankruptcy Court
entered an Order dated October 7, 2013 discharging the defendants of personal liability. A
true and correct copy of the Bankruptcy Court Order is attached hereto,made part hereof,
and marked as Exhibit "B".
5. The Property is listed for Sheriffs Sale on March 12, 2014.
6. 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 $69,707.61
Interest Through December 13, 2013 $8,306.76
Late Charges $325.70
Legal fees $1,300.00
Cost of Suit and Title $707.65
Escrow Deficit $3,493.45
TOTAL $83,841.17
7. The judgment formerly entered is insufficient to satisfy the amounts due on the
Mortgage.
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8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to
inclusion of the figures set forth above in the amount of judgment against the Defendant.
9. Plaintiffs foreclosure judgment is in rem only and does not include personal
liability, as addressed in Plaintiffs attached brief
10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of
its proposed Motion to Reassess Damages and Order to the Defendant on December 23, 2013 and
requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant.
A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of
mailing are attached hereto, made part hereof, and marked as Exhibit"C".
11. No judge has previously entered a ruling in this case.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hallinan, LLP
DATE: /) /2. !./13 By:
John D. ohn, Esquire
ATTORNEY FOR PLAINTIFF
814488
Phelan Hallinan, LLP
John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
john.krohn@phelanhallinan.com
215-563-7000
BANK OF AMERICA, N.A., AS SUCCESSOR : Court of Common Pleas
BY MERGER TO BAC HOME LOANS .
SERVICING, LP F/K/A COUNTRYWIDE HOME • Civil Division
LOANS SERVICING, LP .
Plaintiff CUMBERLAND County
•
v. No.: 13-2946-CIVIL
RYAN P. LEWIS
Defendant
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
RYAN P. LEWIS 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
1074 LANCASTER BOULEVARD, APARTMENT 7, MECHANICSBURG, PA 17055-4472.
The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any
814488
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.
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).
814488
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank,445
Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact,
can be expected to change from day to day because the bank must advance sums in order to protect
its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must
protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d
826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the
judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality
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.
814488
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
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,
814488
•
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.
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.
814488
1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included
in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton
Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are
significantly less than what is permitted by Pennsylvania law.
VII. COST OF SUIT AND TITLE
Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in
the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff
paid to date as a result of the mortgage default.
The title report is necessary to determine the record owners of the property, as Pa.R.C.P.
1144 requires all record owners to be named as Defendants in the foreclosure action. It is also
necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale
purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens
on the property, whether the Defendants are divorced (which could affect service of the
complaint), and numerous other legal issues. The title bringdown is necessary to identify any
new liens on the property or new owners between the time of filing and complaint and the writ
date.
The Freedom of Information Act inquiries and the investigation into Defendants'
whereabouts are necessary to effectively attempt personal service of the complaint and notice of
sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1
and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as
their interests will be divested by the Sheriffs sale.
814488
,_:.:_;, -.x-�: ..,a�xwa. «: d a'.T9 v.�a4w .h`•a k' r.a eWA. S#'r ,. .._ ,v. <,- ...�. -
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.
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,
814488
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
part of the borrower's debt secured by the mortgage,those expenses are properly included in the
Plaintiff's Motion to Reassess Damages.
IX. CONCLUSION
Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by
legal proceedings, and such delays require the mortgagee to expend additional sums provided for by
the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be
included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess
Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance
with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would
recover the monies it expended to protect its collateral.
814488
WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hallinan, LLP
DATE: l2/Z3/13 By:
John D. , squire
Attorney for Plaintiff
814488
Exhibit "A"
814488
"6ItE.D&(FFICE
PHELAN HALLINAN,LLP FAitogg}WON R`T
Jonathan Lobb,Esq.,Id.No.312174 1013 NOV 18 AM 9: 52
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza CUMBERLAND COUNTY
Philadelphia,PA 19103 PENNSYLVANIA
Jonathan.Lobb@phelanhallinan.com
215-563-7000
BANK OF AMERICA,N.A.,AS : CUMBERLAND COUNTY
SUCCESSOR BY MERGER TO BAC
HOME LOANS SERVICING,LP F/K/A : COURT OF COMMON PLEAS
COUNTRYWIDE HOME LOANS
SERVICING,LP : CIVIL DIVISION
vs. : No. 13-2946-CI ►
RYAN P.LEWIS ^'+
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 RYAN P.LEWIS,Defendant
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 $76,950.88
TOTAL $76,950.88
I hereby certify that .' • efendant's last known addresses are 1074 LANCASTER
BOULEVARD,APAR .r s,MECHANICSBURG,PA 17055-4472 and 321 SHARON
DRIVE,NEW CUMB = ` I,PA 17070-3052,and(2)that notice has been given in
accordance with Rul .P 237.1.
Date 1� 3
J Lobb,Esq., Id.No.312174
Aiy r Plaintiff
DAMAGES ARE HEREBY ASSESSED AS ll4'IIll.
DATE: 1111 63113 Sr 'b
PH#814488 PROTHONOTARY
814488
Exhibit "B"
814488
•
B18(Official Form 18)(12/07)
United States Bankruptcy Court
Middle District of Pennsylvania
Case No. 1:13—bk-03245—MDF
Chapter 7
In re Debtor(s) (name(s)used by the debtor(s) in the last 8 years, including married,maiden,trade, and address):
Ryan P. Lewis
321 Sharon Drive
New Cumberland, PA 17070
Social Security/Individual Taxpayer ID No.:
xxx—xx-4485
Employer Tax ID/Other nos.:
DISCHARGE OF DEBTOR
It appearing that the debtor is entitled to a discharge,
IT IS ORDERED:
The debtor is granted a discharge under section 727 of title 11,United States Code, (the Bankruptcy Code).
BY THE COURT
Dated: 10/7/13
Mary D. France
United States Bankruptcy Judge
SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION.
Case 1:13-bk-03245-MDF Doc 14 Filed 10/07/13 Entered 10/07/13 01:00:19 Desc
Ch 7 Discharge Page 1 of 2
•
B18(Official Form 18)(12/07)—Cont.
EXPLANATION OF BANKRUPTCY DISCHARGE
IN A CHAPTER 7 CASE
This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it
does not determine how much money, if any,the trustee will pay to creditors.
Collection of Discharged Debts Prohibited
The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example,a
creditor is not permitted to contact a debtor by mail,phone,or otherwise,to file or continue a lawsuit,to attach wages
or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving
community property: There are also special rules that protect certain community property owned by the debtor's
spouse,even if that spouse did not file a bankruptcy case.]A creditor who violates this order can be required to pay
damages and attorney's fees to the debtor.
However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest,against
the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case.Also, a
debtor may voluntarily pay any debt that has been discharged.
Debts That are Discharged
The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged.Most,but
not all,types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was
begun under a different chapter of the Bankruptcy Code and converted to chapter 7,the discharge applies to debts
owed when the bankruptcy case was converted.)
Debts That are Not Discharged
Some of the common types of debts which are rilt discharged in a chapter 7 bankruptcy case are:
a. Debts for most taxes;
b. Debts incurred to pay nondischargeable taxes;
c. Debts that are domestic support obligations;
d. Debts for most student loans;
e. Debts for most fines,penalties, forfeitures,or criminal restitution obligations;
f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle,vessel, or aircraft
while intoxicated;
g. Some debts which were not properly listed by the debtor;
h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not
discharged;
i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in
compliance with the Bankruptcy Code requirements for reaffirmation of debts; and
j. Debts owed to certain pension,profit sharing, stock bonus,other retirement plans, or to the Thrift Savings
Plan for federal employees for certain types of loans from these plans.
This information is only a general summary of the bankruptcy discharge.There are exceptions to these
general rules. Because the law is complicated,you may want to consult an attorney to determine the exact
effect of the discharge in this case.
Case 1:13-bk-03245-MDF Doc 14 Filed 10/07/13 Entered 10/07/13 01:00:19 Desc
Ch 7 Discharge Page 2 of 2
Notice Recipients
District/Off:0314-1 User:admin Date Created: 10/07/2013
Case: 1:13—bk-03245—MDF Form ID:B18 Total:36
Recipients of Notice of Electronic Filing:
ust United States Trustee ustpregion03.ha.ecf @usdoj.gov
tr Lawrence G.Frank(Trustee) lawrencegfrank @gmail.com
aty David J Byrne dbyrne @herrick.com
aty James M Bach JMB @JamesMBach.com
TOTAL:4
Recipients submitted to the BNC(Bankruptcy Noticing Center):
db Ryan P.Lewis 321 Sharon Drive New Cumberland,PA 17070
cr Sunguild Condominium Association c/o Herrick Feinstein LLP Attn:David J.Byrne,Esq. 210
Carnegie Center Princeton,NJ 08540
4336613 Accounts Recovery Bureau P.O.Box 70256 Philadelphia,PA 19176-0256
4336614 Accounts Recovery Bureau P.O.Box 70256 Philadelphia,PA 19176-0256
4336615 Accounts Recovery Bureau P.O.Box 70256 Philadelphia,PA 19176-0256
4336617 Bank Of America 4161 Piedmont Parkway Greensboro,NC 27410
4336616 Bank of America 4161 Piedmont Parkway Greensboro,NC 27410
4336618 Berks Credit&Collections 900 Corporate Drive Reading,PA 19605
4336619 Berks Credit&Collections 900 Corporate Drive Reading,PA 19605
4336620 Bureau of Account Mgmt 3607 Rosemont Avenue Camp Hill,PA 17011
4336621 Bureau of Account Mgmt 3607 Rosemont Avenue Camp Hill,PA 17011
4336622 Capital One P.O.Box 30281 Salt Lake City,UT 84130
4356605 Computer Credit,Inc 640 West Fourth Street Winston Salem,NC 27113-5238
4336623 Eastern Account System 75 Glen Road Suite 110 Sandy Hook,CT 06482
4336624 Ellen M.Goodman,Esquire c/o Sunguild Condominium 210 Carnegie Center Princeton,NJ
08540
4336625 Express P.O.Box 182789 Columbus,OH 43218
4336626 Financial Recoveries 200 East Park Drive Suite 100 Mount Laurel,NJ 08054
4356606 Frank A.DeLeo 3400 Derry Street Harrisburg,PA 17111
4336627 MSHMC Physicians Group P.O.box 854 Hershey,PA 17033
4336630 NCO Financial Services P.O.Box 15636 Wilmington,DE 19850
4336628 National Recovery Agency 2491 Paxton Street Harrisburg,PA 17111
4336629 National Recovery Agency 2491 Paxton Street Harrisburg,PA 17111
4336634 PPL Electric Utilities 2 North 9th Street Allentown,PA 18101-1175
4336631 Phelan Hallinan,LLP John K.Krohn,Esq 1617 JFK Boulevard,Suite 1400 Philadelphia,PA
19103
4336632 Pier 1 Imports P.O.Box 15298 Wilmington,DE 19850
4336633 PinnacleHealth Hospitals P.O.Box 2353 Harrisburg,PA 17105-2353
4356607 Portfolio Recovery Assoc. Riverside Commerce Center 120 Corporate Blvd.Ste. 100 Norfolk,VA
23502-4962
4336635 State Collection Service 2509 South Stoughton Road Madison,WI 53716
4336636 Sunguild Homeowners Assc. 1076 Lancaster Boulevard Apt. 1 Mechanicsburg,PA
17055-4491
4336637 T—mobile PO Box 742596 Cincinnati,OH 45274-2596
4356608 Upper Allen Township 100 Getttysburg Pike Mechanicsburg,PA 17055
4336638 Verizon Wireless PO Box 26055 Minneapolis,MN 55426
TOTAL:32
Case 1:13-bk-03245-MDF Doc 14-1 Filed 10/07/13 Entered 10/07/13 01:00:19 Desc
Ch 7 Discharge: Notice Recipients Page 1 of 1
Exhibit "C"
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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
December 13,2013
RYAN P. LEWIS
1074 LANCASTER BOULEVARD
APARTMENT 7
MECHANICSBURG, PA 17055-4472
RE: BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO BAC HOME LOANS
SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP v. RYAN
P. LEWIS
Premises Address: 1074 LANCASTER BOULEVARDAPARTMENT 7
MECHANICSBURG,PA 17055
CUMBERLAND County CCP,No. 13-2946-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 12/19/2013.
Should you have further questions or concerns,please do not hesitate to contact me.
Otherwise,please be guided accordingly.
Very truly yours,
John D. Krohn, ,stl., Id.No.312244
Attorney for Plaintiff
Enclosure
814488
Phelan Hallinan, LLP
John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
john.krohn@phelanhallinan.com
215-563-7000
BANK OF AMERICA, N.A., AS SUCCESSOR • Court of Common Pleas
BY MERGER TO BAC HOME LOANS :
SERVICING, LP F/K/A COUNTRYWIDE HOME • Civil Division
LOANS SERVICING, LP .
Plaintiff CUMBERLAND County
•
v. • No.: 13-2946-CIVIL
RYAN P. LEWIS
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.
RYAN P. LEWIS RYAN P. LEWIS
1074 LANCASTER BOULEVARD 321 SHARON DRIVE
APARTMENT 7 NEW CUMBERLAND, PA 17070-3052
MECHANICSBURG,PA 17055-4472
Phelan Hallinan, LLP
DATE: /212.3 By:
John D. ohn, squire
ATTORNEY FOR PLAINTIFF
814488
i
LI
PE?4NSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
BANK OF AMERICA, N.A., AS SUCCESSOR : Court of Common Pleas
BY MERGER TO BAC HOME LOANS •
SERVICING, LP F/K/A COUNTRYWIDE HOME : Civil Division
LOANS SERVICING, LP
Plaintiff : CUMBERLAND County
v. • No.: 13-2946-CIVIL
RYAN P. LEWIS
Defendant
RULE
AND NOW, this Z`t day of 2014, a Rule is entered upon the Defendant
to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess
Damages.
Defendant shall have twenty (20) days from the date of this Order to file a response to
Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
BY T. COURT
J.
814488
1
FiLEtr-U1 f#1✓
tf r HE PROTHONOTAk 1
20I4 JAN 9 Pt4 1: 15
CUMBERLAND COUNTY
PENNSYLVANIA
Phelan Hallinan, LLP
Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
jonathan.etkowicz@phelanhallinan.com
215-563-7000
BANK OF AMERICA, N.A., AS SUCCESSOR : Court of Common Pleas
BY MERGER TO BAC HOME LOANS :
SERVICING, LP F/K/A COUNTRYWIDE HOME Civil Division
LOANS SERVICING, LP :
Plaintiff • CUMBERLAND County
vs. : No.: 13-2946-CIVIL
RYAN P. LEWIS
Defendant
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's January 2, 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.
RYAN P. LEWIS RYAN P. LEWIS
1074 LANCASTER BOULEVARD 321 SHARON DRIVE
APARTMENT 7 NEW CUMBERLAND, PA 17070-3052
MECHANICSBURG, PA 17055-4472
Phela - 'llin.i L'/
DATE: j(111- ---- By: ��
Jonat 47 . 'kowicz, Esq., Id.No.208786
Atto or Plaintiff
814488
r
4 �' cv 29 °t 11: 02
C;l4'19E31.AND COUNTY
ENNSYLY.ANIA
Phelan Hallinan, LLP
John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
john.krohn@phelanhallinan.com
215-563-7000
BANK OF AMERICA, N.A., AS SUCCESSOR • Court of Common Pleas
BY MERGER TO BAC HOME LOANS •
SERVICING, LP F/K/A COUNTRYWIDE HOME • Civil Division
LOANS SERVICING, LP •
Plaintiff • CUMBERLAND County
vs.
No.: 13-2946-CIVIL
RYAN P. LEWIS
Defendant
MOTION TO MAKE RULE ABSOLUTE
BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME
LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, by and
through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute
in the above-captioned action, and in support thereof avers as follows:
1. A Motion to Reassess Damages was filed with the Court on December 26, 2013.
2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy
of its proposed Motion to Reassess Damages and Order to the Defendant on December 13, 2013
and requested the Defendant's Concurrence. Plaintiff did not receive any response from the
814488
Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and
certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A.
3. A Rule was issued by the Honorable Kevin A. Hess on or about January 2, 2014
directing the Defendant to show cause by January 22, 2014 why the Motion to Reassess
Damages should not be granted. A true and correct copy of the Rule is attached hereto, made
part hereof, and marked Exhibit B.
4. The Rule to Show Cause was timely served upon all parties on January 8, 2014 in
accordance with the applicable rules of civil procedure. A true and correct copy of the
Certificate of Service is attached hereto, made part hereof, and marked Exhibit C.
5. Defendant failed to respond or otherwise plead by the Rule Returnable date of
January 22, 2014.
WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiffs Motion to Reassess Damages.
Phelan Hallinan, LLP
DATE: //)th jy By:
John D. hn, Esq., Id.No.312244
Attorney for Plaintiff
814488
Exhibit "A" •
814488
•
PHELAN HALLINAN, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX4: (215) 563-3459
Phelan Hallinan, LLP Representing Lenders in
Pennsylvania
December 13,2013
RYAN P. LEWIS
1074 LANCASTER BOULEVARD
APARTMENT 7
MECHANICSBURG,PA 17055-4472
RE: BANK OF AMERICA,N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS
SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING,LP v. RYAN
P. LEWIS
Premises Address: 1074 LANCASTER BOULEVARDAPARTMENT 7
MECHANICSBURG, PA 17055
CUMBERLAND County CCP,No. 13-2946-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 12/19/2013.
Should you have further questions or concerns,please do not hesitate to contact me.
Otherwise,please be guided accordingly.
Very truly yours,
John D. Krohn, I;sq., Id. No.312244
Attorney for Plaintiff
Enclosure
814488
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Exhibit "B"
814488
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
BANK OF AMERICA,N.A.,AS SUCCESSOR • Court of Common Pleas
BY MERGER TO BAC HOME LOANS
SERVICING, LP F/K/A COUNTRYWIDE HOME Civil Division
LOANS SERVICING, LP
Plaintiff CUMBERLAND County
v. • No.: 13-2946-CIVIL
RYAN P. LEWIS
Defendant
RULE
AND NOW, this ,,. day of 14,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 COURT
/4/
814488
John D.Krohn,Esq.,Id.No.312244
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
Philadelphia,PA 19103
TEL: (215)563-7000
FAX: (215) 563-3459
RYAN P. LEWIS RYAN P. LEWIS
1074 LANCASTER BOULEVARD 321 SHARON DRIVE
APARTMENT 7 NEW CUMBERLAND,PA 17070-3052
MECHANICSBURG,PA 17055-4472
814488
814488
•
Exhibit "C"
814488
•
01- THE PRO THONQTAR`r
2614JAN -9 PM 1, 15
CUMBERLAND COUNTY
PENNSYLVANIA
Phelan Hallinan, LLP
Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
jonathametkowicz@phelanhallinan.com
215-563-7000
BANK OF AMERICA,N.A., AS SUCCESSOR Court of Common Pleas
BY MERGER TO BAC HOME LOANS
SERVICING,LP F/K/A COUNTRYWIDE HOME Civil Division
LOANS SERVICING, LP
Plaintiff CUMBERLAND County
vs. No.: 13-2946-CIVIL
RYAN P. LEWIS
Defendant
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's January 2, 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.
RYAN P. LEWIS RYAN P. LEWIS
1074 LANCASTER BOULEVARD 321 SI-IARON DRIVE
APARTMENT 7 NEW CUMBERLAND, PA 17070-3052
MECHANICSBURG,PA 17055-4472
Plrelar I1inzi., _ii
DATE:
(1(i •
_
Joniit inn 1. 1.. kowicz,Esq., Id.No.208786
Afton°tv for Plaintiff
814488
Phelan Hallinan, LLP
John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
john.krohn@phelanhallinan.com
215-563-7000
BANK OF AMERICA,N.A., AS SUCCESSOR Court of Common Pleas
BY MERGER TO BAC HOME LOANS .
SERVICING, LP F/K/A COUNTRYWIDE HOME : Civil Division
LOANS SERVICING, LP .
Plaintiff • CUMBERLAND County
•
vs. • No.: 13-2946-CIVIL
•
RYAN P. LEWIS
Defendant
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute
was served upon the following individual on the date indicated below.
RYAN P. LEWIS RYAN P. LEWIS
1074 LANCASTER BOULEVARD 321 SHARON DRIVE
APARTMENT 7 NEW CUMBERLAND, PA 17070-3052
MECHANICSBURG, PA 17055-4472
RYAN P. LEWIS
1074 LANCASTER BLVD
APT 7
MECHANICSBURG, PA 17055-4472
Phelan Hal ' n, LLP
DATE: 111&114 By:
John D. Kro , Esq., Id.No.312244
Attorney for Plaintiff
814488
•
AFFIDAVIT OF SERVICE
PLAINTIFF CUMBERLAND COUNTY
BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO
BAC HOME LOANS SERVICING,LP F/K/A COUNTRYWIDE PH#814488
HOME LOANS SERVICING,LP
DEFENDANT SERVICE TEAM/lxh
RYAN P.LEWIS COURT NO.: 13-2946-CIVIL
SERVE RYAN P.LEWIS AT: TYPE OF ACTION
321 SHARON DRIVE XX Notice of Sheriff's Sale
NEW CUMBERLAND,PA 17070-3052 SALE DATE: March 12,2014
SERVED .
Served and made known to RYAN P.LEWIS,De ndant on the 1`2 day of L 20" ,at
�f7,o'clockd.M.,at`'3, ) -c‘ea) ')&. ,in the manner described below: Z r ;
Defendant personally served. (I)� t c-J
Adult family member with whom Defendant(s)reside(s). -'
Relationship is col-1-1 e-4 . ) ) t.J ; `> c?;^
_Adult in charge of Defendant's residence who z.efused to give name or relationshi p. c'> .
Manager/Clerk of place of lodging in which Defendant(s)reside(s). -G
T
Agent or person in charge of Defendant's office or usual place of business.
an officer of said Defendant's company.
Other:
Description: Age I,�1�`` Height S ) it Weight i�cs Race � SexJ . Other
I, i�c_m,,PZ k)4,'*1t'lni , 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 8 Pa. C.S. Sec. 4904 relating to
unsworn falsification to authorities. } t T
`
DATE: 1�-ie'/3 NAME: ., _�
PRINTED NAME:'.)c,-1-1 1( L 1JQ r)71
TITLE:C'o ��
NOT SERVED
On the day of ,20 at o'clock .M.,I, ,a competent adult hereby
state that�efendant NOT FOUND because:
_Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant)
No Answer on at • at
Service Refused
Other:
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
BY:
PRINTED NAME:
ATTORNEY FOR PLAINTIFF
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
(215)563-7000
LI
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
BANK OF AMERICA, N.A., AS SUCCESSOR : Court of Common Pleas
BY MERGER TO BAC HOME LOANS :
SERVICING, LP F/K/A COUNTRYWIDE HOME : Civil Division
LOANS SERVICING, LP
Plaintiff • CUMBERLAND County
vs. No.: 13-2946-CIVIL
RYAN P. LEWIS --rZ -`` `°3-{
m FT7 rT,,..
�20 co c -0i
Defendant 7
c) n
ORDER c, _
AND NOW, this /45.. day of '47 , 2014, upon consideration of Plaiff
Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered
upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess
Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED
to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows:
Principal Balance $69,707.61
Interest Through December 13, 2013 $8,306.76
Late Charges $325.70
Legal fees $1,300.00
Cost of Suit and Title $707.65
Escrow Deficit $3,493.45
TOTAL $83,841.17
Plus interest at six percent per annum.
Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above
figure.
ice p&..l cC, BY T COURT:
--/-1 ,. /4 i
2y � J.
.2fio` `J 814488
� � lTiYji,`,.
Lt4i`ipL.-) 2f kil J
PHELAN HALLINAN, LLP Attorney for Plaintiff
Adam H. Davis, Esq., Id. No.203034 CUMBERLAND COUNT'j,
1617 JFK Boulevard, Suite 1400 PENNSYLVANIA
One Penn Center Plaza
Philadelphia,PA 19103
Adam.Davis @PhelanHallinan.com
215-563-7000
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,PENNSYLVANIA
BANK OF AMERICA, N.A.,AS SUCCESSOR BY : CUMBERLAND COUNTY
MERGER TO BAC HOME LOANS SERVICING,
LP F/K/A COUNTRYWIDE HOME LOANS : COURT OF COMMON PLEAS
SERVICING,LP
Plaintiff. : CIVIL DIVISION
v. No.: 13-2946-CIVIL
RYAN P.LEWIS
Defendant(s)
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2
COMMONWEALTH OF PENNSYLVANIA )
PHILADELPHIA COUNTY ) SS:
As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders
and any known interested party in the manner required by Pa.R.C.P. 3129.2(c)on each of
the persons or parties named,at that address,set forth on the Affidavit and as amended if
applicable.A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return
Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A".
Adam H.Davis,Esq.,Id.No.203034
2!2077e Attorney for Plaintiff
Date: ((77��
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#814488
•
BANK OF AMERICA,N.A.,AS SUCCESSOR BY • COURT OF COMMON PLEAS
MERGER TO BAC HOME LOANS SERVICING, LP :
F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP CIVIL DIVISION
•
Plaintiff
• NO.: 13-2946-CIVIL
•
•
v.
•
•
RYAN P. LEWIS 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 Praccipe for the Writ of Execution was filed,the following information concerning the real property located at 1074 LANCASTER
BOULEVARD,APARTMENT 7.MECHANICSBURG,PA 17055-4472.
•
I. Name and address of Owner(s)or reputed Owner(s):
Name Address(if address cannot be reasonably ascertained,
please so indicate)
•
RYAN P.LEWIS 321 SHARON DRIVE •
NEW CUMBERLAND,PA 17070-3052
2. Name and address of Defendant(s)in the judgment:
•
Name -Address(if address cannot be reasonably
ascertained,please so indicate)
RYAN P.LEWIS 321 SHARON DRIVE
•
NEW CUMBERLAND,PA 17070-3052
•
•
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)
SUNGUILD CONDOMINIUM ASSOCIATION BUCKALEW FRIZZELL&CREVINA LLP
C/O ELLEN MIRIAM GOODMAN,ESQUIRE 55 HARRISTOWN RD STE 205
GLEN ROCK,NJ 07452
SUNGUILD CONDOMINIUM ASSOCIATION, 210 CARNEGIE CTR,STE 120
C/O ELLEN M.GOODMAN,ESQ. PRINCETON,NJ 08542
4. Name and address of last recorded holder of every mortgage of record:
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
5. Name and address of every other person who has any record lien on the property:
Name Address(if address cannot be
reasonably ascertained. please indicate)
PH# 814488
•
UPPER ALLEN TOWNSHIP,C/O J. 100 GETTYSBURG PIKE •
STEPHEN FEINOUR,ESQ. MECHANICSBURG,PA 17055
UPPER ALLEN TOWNSHIP, C/O J.STEPHEN PO BOX 840
FEINOUR,ESQ. HARRISBURG,PA 17108-0840
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)
SUNGUILD CONDOMINIUM 1000 NORTH PRINCE STREET
ASSOCIATION LANCASTER,PA 17603
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 • • 1074 LANCASTER BOULEVARD
APARTMENT 7
• MECHANICSBURG,PA 17055-4472
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
RYAN P.LEWIS, 352 SOUTH SPORTING HILL ROAD •
C/O JAMES M.BACH,ESQ. • MECHANICSBURG,PA 17050
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. 1 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: 4/g0/-/ -
By: / ,eZ-
Phelan Hallinan,LLP
Adam H.Davis,Esq.,Id. No.203034
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza,Philadelphia,PA 19103
215-563-7000
PH # 814488
•
I a ..
st
Name and Phelan Hallinan,LLP
Address MO 1617 JFK Boulevard,Suite 1400
Of Sender One Penn Center Plaza ' a
Philadelphia,PA 19103 AZKtKAZ-03/12/2014 SALE
Line Article Number Name of Addressee,Street,and Post Office Address Postage
**** SUNGUILD CONDOMINIUM ASSOCIATION C/O ELLEN MIRIAM GOODMAN,ESQUIRE $0.46 - --
BUCKALEW FRIZZELL&CREVINA LLP
55 HARRISTOWN RD STE 205 • n
GLEN ROCK,NJ 07452 • *� o0
RE:RYAN!.;1,; W1:$(CUMBERLAND) PH#814488/1026 Page.1.of 1 Day $0.46 }: �
Total Number :. T o o t Number of Pima Postmaster;Per(Na a of The full declaration of value is required at a l stomestienn4intecostionsbegOecedstunl.The
Pieces(isudterSeada Received at Pot OtRoe Roedrics Employee) for Oxreeonstruet oo of nonnegotiable netunse es indeitijiriesiftfief dor®eet:eeoautreMdq =`. .
. .. piece subject to a limit of S500,000 pee occurrence_The ma ioeee indemnty peyob a on Eapie .•
The maximum indemnity payable a S2A000 for rrgiswed gaol,amt with opiaeal iss o nice-, P.-.' ;
12400 3913 nod 5921 for limitations of oeu e.
- Form 3877 Facsimile
•
•
•
•
•
•
•
PH#814488
•
•
•
•
•
•
•
•
•
•
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1
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
tractTHE
i fl(� it;`Qt O i}!.1'
taht_ ; 1
.JUN 12 A;!+.3lJ
J'
lir
CUMBERLAND COUNTY
PENNSYLVANIA
Bank of America, N.A.
vs.
Ryan P. Lewis
Case Number
2013-2946
SHERIFF'S RETURN OF SERVICE
01/09/2014 11:58 AM - Deputy Ronald Hoover, 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 1074 Lancaster Boulevard, Apt 7, Mechanicsburg, PA
17055, Cumberland County.
03/12/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had
been given according to law, he exposed the within described premises at public venue or outcry at the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on March 12, 2014 at 10:00
a.m. He sold the same for the sum of $ 1.00 to Attorney Joseph Schalk, on behalf of, Bank of America,
N.A., As Successor By Merger to BAC Home Loans Servicing, LP F/K/A Countrywide Home Loans
Servicing, LP, being the buyer in this execution, paid to the Sheriff the sum of $
SHERIFF COST: $1,259.92 SO ANSWERS,
May 12, 2014
(c) CountyStmleS:'3eriff'teleosoft, ino,
RONFR ANDERSON, SHERIFF
L.06 p/. 04
.2. as' -Co
.
On December 11, 2013 the Sheriff levied upon the .
defendant's interest in the real property situated in
Upper Allen Township, Cumberland County, PA,
Known and numbered as, 1074 Lancaster Boulevard,
Apt 7, Mechanicsburg, as Exhibit "A" filed with this writ and
&I by this Reference incorporated herein.
0..
Date: December 11, 2013
By:
Real Estate Coordinator
LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14
Writ No. 2013-2946 Civil Term
Bank of America, N.A.
vs.
Ryan P. Lewis
Atty.: Joseph Schalk
By virtue of a Writ of Execu-
tion No. 13 -2946 -CIVIL, BANK OF
AMERICA, N.A., AS SUCCESSOR
BY MERGER TO BAC HOME LOANS
SERVICING, LP F/K/A COUNTRY-
WIDE HOME LOANS SERVICING,
LP vs. RYAN P. LEWIS, owner(s) of
property situate in the UPPER ALLEN
TOWNSHIP, CUMBERLAND County,
Pennsylvania, being 1074 LANCAS-
TER BOULEVARD, APARTMENT 7,
MECHANICSBURG, PA 17055-4472.
Parcel No. 42-24-0792-041.-
U1074-7.
Improvements thereon: RESIDEN-
TIAL DWELLING.
Judgment Amount: $76,950.88.
52
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, Editor
SWORN TO AND SUBSCRIBED before me this
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
1ie pahiot-lews
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.
•
2013-2946 Civil Term
Bank of America, N.A.
Vs
Ryan P. Lewis
Atty: Joseph Schalk
By virtue of a Writ of Execution No.
13 -2946 -CIVIL
BANK OF AMERICA, N.A., AS
•SUCCESSOR BY MERGER TO
BAC HOME LOANS SERVICING,
LP F/K/A COUNTRYWIDE HOME
LOANS SERVICING, LP
. v.
RYAN P. LEWIS
owner(s) of property situate in the
UPPER ALLEN TOWNSHIP,
CUMBERLAND County,
Pennsylvania, being
1074 LANCASTER
BOULEVARD, APARTMENT 7,
MECHANICSBURG, PA 17055-
4472
Parcel No. 42-24-0792-041.-U1074-7
(Acreage or street address)
Improvements thereon:
RESIDENTIAL DWELLING
Judgment Amount: $76,950.88
This ad ran on the date(s) shown below:
01/19/14
01/26/14
• 02/02/14
Sworn to
d sub>peribed before me this.48 day of February, 2014 A.D.
rt
lic
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Holly Lynn Warfel, Notary Public
Washington Twp., Dauphin County
CommhsiQn fres . Dec12 2416
MEMBE iNNSPtANIA ASSOCIATION OP NCtrArut:s
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
} SS:
I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the
Sheriff's Deed in which Bank of America N A is the grantee the same having been sold to said grantee
on the 12th day of March A.D., 2014, under and by virtue of a writ Execution issued on the 5th day of
December, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013
Number 2946, at the suit of Bank of America N A against Ryan P Lewis is duly recorded as Instrument
Number 201412355.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this
.?w�a , A.D. a Q
day of
ecorder of Deeds
Recorder of Deeds, Cumberland County, Carlisle, PA
My Commission Expires the First Monday of Jan. 2018