Loading...
HomeMy WebLinkAbout13-3609 ♦ 3 Supreme Court of Pennsylvania CUuI rt:bf C ming11 For Prothonotary Use Only: CYVIIt, ver, Sheet : tj X � -"" cuD4I3rR.lANI) County Docket No: The it }formation collected on this forin is used solely for court administration puiposes. This form does not su p plenient or replace the filing and service or other papers as required by low or rules r� court. S Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: NATIONSTAR MORTGAGE LLC Lead Defendant's Name: STEVE J. YANEK, JR T I Dollar Amount Requested: El within arbitration limits Are money damages requested? ❑Yes No x Q (Check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes © No Is this an MDJ Appeal? ❑ Yes 0 No A Name of Plaintiff /Appellant's Attorney: Melissa J Cantwell Esq. Id. No.30891.2, Phelan Hallinan. LLP ❑ Check here if you have no -a t0riley (::rt3 u 5eli'- 12e11r2senaetf iPro 4t J Litigani ) 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: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑Other: O ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES -- ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Partition ❑ Replevin ❑ Dental ❑ Quiet Title ❑ Other: ❑ Legal ❑ Other: ❑ Medical ❑ Other Professional: Pa.R.C.P. 205.5 Updated 0110112011 tz i t7J C_ rn c m ` ¢ o- D� p T o ar t ci y - W PHELAN HALLINAN, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 NATIONSTAR MORTGAGE LLC 350 HIGHLAND DRIVE COURT OF COMMON PLEAS LEWISVILLE, TX 75067 CIVIL DIVISION Plaintiff V. TERM STEVE J. YANEK, JR NO. EDIE J. YANEK 8 SOUTH RIDGE ROAD CUMBERLAND COUNTY BOILING SPRINGS, PA 17007 -9701 Defendants . CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 318354 LL- �In�.1S�dQ� 1. Plaintiff is NATIONSTAR MORTGAGE LLC 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 2. The name(s) and last known address(es) of the Defendant(s) are: STEVE J. YANEK, JR EDIE J. YANEK 8 SOUTH RIDGE ROAD BOILING SPRINGS, PA 17007 -9701 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/03/2007 STEVE J. YANEK, JR and EDIE J. YANEK made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR AMERICAN BROKERS CONDUIT which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1998, Page 2845 The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2012 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 318354 6. The following amounts are due on the mortgage Principal Balance $220,363.26 Interest 11/01/2012 through 3/25/2013 $ 5,826.30 ` Property Inspections $18.30 Property Preservations $0.00 AppraisalBPO $0.00 Non Sufficient Funds Charge $0.00 Escrow Deficit $0.00 Subtotal $226,207.86 Suspense Credit $0.00 Escrow Credit $0.00 TOTAL $ 226,207.86 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has /have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #l: 319354 9. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, Plaintiff demands an in judgment against the Defendant(s) in the sum of $226,207.86, 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. HELAN HALLINAN, LLP By: Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff File #: 318354 LEGAL DESCRIPTION All THAT certain tract of land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as Lot 4 according to Final Subdivision Plan of Noss Farm for Raymond Diehl prepared by Larry V. Neidlinger, P.E., August 24, 1977 and recorded in Cumberland County, Pennsylvania in Plan Book 35, Page 128, as follows: BEGINNING at a point along the right of way line of Martin Road (T -553) at the dividing line of Lot 4 herein conveyed and the northern line of a 50 feet wide private right of way as shown on the aforementioned subdivision plan; thence along said private right of way north 89 degrees 00 minutes west, a distance of 200.00 feet to a point on other lands now or formerly of Raymond Diehl; thence along lands of Raymond Diehl north 01 degree 00 minutes east a distance of 100.00 feet to a point at the dividing line of Lot 3; thence along Lot 3 south 89 degrees 00 minutes east a distance of 200.00 feet to a point on the right of way line of aforementioned Martin Road (T -553); thence along said right of way south 01 degree 00 minutes west, a distance of 100.00 feet to a point, the place of BEGINNING. PROPERTY ADDRESS: 298 MARTIN ROAD, CARLISLE, PA 17015 -9267 PARCEL # 22 -10. 0638 -072. File #t: 318354 VERIFICATION - ,:hereby states that he /she is Assistant Secretar� NATIONSTAR MORTGAGE, LLC, Plaintiff in this matter, that he /she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. S am lea `iel Robinson ' DATE:. - 3 .:< Title: Astistant Secretary NATIONSTAR MORTGAGE, LLC I r File #: 318354 Name: YANEK File #: 318354 i IN THE COURT OF COMMON NATIONSTAR MORTGAGE, LLC PLEAS Plaintiff(s) OF CUMBERLAND COUNTY, PENNSTLVANIA C:) vs. _-4 YAYANEK, EDIE J � co -I NEK, STEVE J., JR Defendant(s) /� /� . Mr*i C-- �r-- r ✓ `"' CC�vil�� � �� r -- � NOTICE OF RESIDENTIAL MORTGAGES n FORECLOSURE DIVERSION PROGRAM 2 E 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 an attorney, 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 M Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the 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 file 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 attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all the 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 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 our reasonable arrangements 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: JUN 19 2013 Date Signature of Couns Melissa J. Cantwell, Esq., Id. No. 308912 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please 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 Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date you Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets 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: 1. .2 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 nd 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 Support/Alim. I Spending Money Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I/We, , authorize the above named to use /refer this information to my lender / servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this page along with the following information to lender: 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 #: 318354 SHERIFF'S OFFICE OF CUMBERLAND,COUNTY Ronny RAnderson I; . TH PROT ONO -A i'y Sheriff Jody S Smith „�ti v�t pR JUL 12 AM IQ: 2 4 Chief Deputy X ",NUMBERLA D COUNTY Richard W Stewart PENNSYLVANIA Solicitor OFFICE Or THE skmplr= Nationstar Mortgage LLC Case Number vs. Edie J Yanek(et al.) 2013-3609 SHERIFF'S RETURN OF SERVICE 06/28/2013 03:29 PM- Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Occupant Jared Harmon, Son of Tenant , who accepted as"Adult Person in Charge"for Steve J.Yanek, Jr. at 298 Martin Road, Monroe Township, Carlisle, PA 17015. J ON KINSLER, DEPUTY 06/28/2013 03:29 PM- Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Occupant Jared Harmon, Son of Tenant, who accepted as"Adult Person in Charge"for Edie J Yanek at 298 Martin Road, Monroe Township, Carlisle, PA 17015. J436ON KINSLER, DEPUTY 07/03/2013 08:27 PM - Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the efendant, to wit: Edie J Yanek at 8 South Ridge Road, South Middleton, Boiling Springs, PA 17007. LIAM CLINE, DEPUTY 07/03/2013 08:27 PM- Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Edie Yanek, Wife, who accepted as"Adult Person in Charge"for Steve J. Yanek, Jr. at 8 S. Ridge Road, South Middleton Township, Boiling Springs, PA 17007. /Z-//, Z=— r LIAM CLINE, DEPUTY SHERIFF COST: $77.56 SO ANSWERS, July 05, 2013 RONN R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosok Inc. PHELAN HALLINAN, LLP OF TILE l�O T ONE- y for Plaintiff Adam H. Davis, Esq., Id. No.203034 201 Adam ��� 0 t e 1617 JFK Boulevard, Suite 1400 28 H . 59 One Penn Center Plaza OOfIBERLANO COUNTY Philadelphia, PA 19103 E�'NS YL�a Adam.Davis@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE LLC CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS STEVE J. YANEK,JR CIVIL DIVISION EDIE J. YANEK No. 13-3609 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 STEVE J. YANEK,JR and EDIE J.YANEK, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $226,207.86 TOTAL $226,207.86 I hereby certify that (1) the Defendants'last known addresses are 8 SOUTH RIDGE ROAD,BOILING SPRINGS, PA 17007-9701 and 298 MARTIN ROAD, CARLISLE, PA 17015-9267, and(2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date L / Adam H. avis, Id.No 034 Attorney r Plain ' DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PH 11812112 PROTHONOTARY � 812112 A�Q� � g PHELAN HALLINAN, LLP Attorney for Plaintiff Adam H. Davis,Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis @phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE LLC CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION STEVE J. YANEK,JR EDIE J. YANEK No. 13-3609 AFFIDAVIT OF NON-MILITARY SERVICE The undersigned'attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant STEVE J. YANEK, JR is over 18 years of age and the defendant's last known addresses are 8 SOUTH RIDGE ROAD, BOILING SPRINGS,PA 17007-9701 and 298 MARTIN ROAD, CARLISLE, PA 17015-9267. (c) that defendant EDIE J. YANEK is over 18 years of age and the defendant's last known addresses are 8 SOUTH RIDGE ROAD, BOILING SPRINGS, PA 17007-9701 and 298 MARTIN ROAD, CARLISLE, PA 17015-9267. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date aley� Phelan Hallinan,LL 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 812112 { Department of Defense Manpower Data Center 'Results as of:Aug-27-2013 12:17:01 -- SCRA 3.0 State Repott y t Pursuant to Servicememb Civil'ReIieCAc Last Name: YANEK First Name: EDIE Middle Name: J Active Duty Status As Of: Aug-27-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA .. Ne-.,, NA - This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Dale Active Duty End Date Status Service Component NA NA NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA tJA ... _ . 'No NA This response reflects whether the individual or histher unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of .the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Ow� - Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 041125 Arlington,VA 22350 ' Department of Defense Manpower Data Center Results as of:Aug-27-2013 12:16:59 SCRA 3.0 statug Report Pursuant to Scrvicome mbers Civil Relief Alt Last Name: YANEK First Name: STEVE Middle Name: J Active Duty Status As Of: Au0-27-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status - Service Component NA NA No_ NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA .. - ,...No NA This response reflects where the individual left active duty'status within 367 days preceding the Active Duty Status Date The Member or HWHer Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA. This response reflects whether the individual or histher unit has received asrty notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 NATIONSTAR MORTGAGE LLC COURT OF COMMON.PLEAS I Plaintiff CIVIL DIVISION V. STEVE J.YANEK,JR NO. 13-3609 EDIE J.YANEK Defendant(s) CUMBERLAND COUNTY TO: STEVE J.YANEK,JR 8 SOUTH RIDGE ROAD BOILING SPRINGS,PA 17007-9701 DATE OI+NOTICE:_ . THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: JjOathan Lobb,.Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#812112 NATIONSTAR.MORTGAGE LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. STEVE J.YANEK,JR NO. 13-3609 EDIE J.YANEK Defendant(s) CUMBERLAND COUNTY TO: STEVE J.YANEK,JR 298 MARTIN ROAD CARLISLE,PA 17015-9267 DATE OF NOTICE: 's-3 A 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, J sq.,Id.No.312174 ialhan Lobb,E"Z Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#812112 NATIONSTAR MORTGAGE LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. STEVE J.YANEK,JR NO. 13-3609 EDIE J.YANEK Defendant(s) CUMBERLAND COUNTY TO: EDIE J.YANEK 8 SOUTH RIDGE ROAD BOILING SPRINGS,PA 17007-9701 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY, IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: Jo an 1�)17 , )1),,Esq.,Id.No,312174 A ftonlliley for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#812112 NATIONSTAR MORTGAGE LLC COURT OF COMMON PLEAS I V. Plaintiff CIVIL DIVISION q STEVE J.YANEK,J.R NO. 13-3609 + EDIE J.YANEK Defendant(s) CUMBERLAND COUNTY TO EDIE J.YANEK 298 MARTIN ROAD CARLISLE,PA 17015-9267 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND .SHOULD NOT BE CONSTRUED TO .BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN.DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE IMPORTANT RIGHTS. YOUR PROPERTY OR OTHER 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 I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By:_ AiJoObb Esq.,Id.No.3 12174 Attorney for Plaintiff Phelan Hallinan,•LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#812112 (Rule of Civil Procedure No. 236) - Revised NATIONSTAR MORTGAGE LLC CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS STEVE J. YANEK, JR EDIE J. YANEK CIVIL DIVISION No. 13-3609 Notice is given at a Judgment in the above captioned matter has been entered against you on By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT,BUT ONLYENFORCEMENT OF LIEN AGAINST PROPERTY.** 812112 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 NATIONSTAR MORTGAGE LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 13-3609 STEVE J.YANEK,JR EDIE J.YANEK Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $226,207.86 Interest from 08/29/2013 to Date of Sale $3,643.64 ($37.18 per diem) TOTAL $229,851.50 Phelan Hallinan,L P Adam H.Davis,Esq.,Id.No.203034 ; Attorney for Plaintiff _ rn G rn r- Note: Please attach description of property. `t Z PH#812112 r 7 CO a pid C F ° �0 . SOtt �a- � C L 2LAO 9 0 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NATIONSTAR MORTGAGELLC Plaintiff V. ,mot STEVE J.YANEK,JR EDIE J. YANEK Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) i Filed: ' Address where papers may be served: r pyL/ Phelan Hallinan,LLP f STEVE J. YANEK,JR 8 SOUTH RIDGE ROAD Adam H.Davis,Esq.,Id.No.203034 BOILING SPRINGS,PA 17007-9701 Attorney for Plaintiff EDIE J.YANEK 8 SOUTH RIDGE ROAD BOILING SPRINGS,PA 17007-9701 LEGAL DESCRIPTION All THAT certain tract of land situate in Monroe Township,Cumberland County,Pennsylvania,bounded and described as Lot 4 according to Final Subdivision Plan of Noss Farm for Raymond Diehl prepared by Larry V.Neidlinger,P.E.,August 24, 1977 and recorded in Cumberland County,Pennsylvania in Plan Book 35, Page 128,as follows: BEGINNING at a point along the right of way line of Martin Road(T-553)at the dividing line of Lot 4 herein conveyed and the northern line of a 50 feet wide private right of way as shown on the aforementioned subdivision plan;thence along said private right of way north 89 degrees 00 minutes west,a distance of 200.00 feet to a point on other lands now or formerly of Raymond Diehl;thence along lands of Raymond Diehl north 01 degree 00 minutes east a distance of 100.00 feet to a point at the dividing line of Lot 3;thence along Lot 3 south 89 degrees 00 minutes east a distance of 200.00 feet to a point on the right of way line of aforementioned Martin Road(T-553);thence along said right of way south 01 degree 00 minutes west,a distance of 100.00 feet to a point,the place of BEGINNING. CONTAINING 20,000 square feet exclusive of dedicated right of way. TITLE TO SAID PREMISES VESTED IN Steve J. Yanek,Jr. and Edie J.Yanek, h/w,by Deed from Raymond E.Diehl and Genevieve A. Diehl,h/w,dated 02/05/2007,recorded 02/08/2007 in Book 278, Page 3688. PREMISES BEING: 298 MARTIN ROAD,CARLISLE,PA 17015-9267 PARCEL NO.22-10-0638-072 PHELAN HALLINAN, LLP Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 f FILED—OFFfCt 1617 JFK Boulevard, Suite 1400 Or THE PRgl KONOTARY One Penn Center Plaza Dd3 AUG 28 AFB 1. Philadelphia, PA 19103 Adam.Davis @phelanhallinan.com CUMBERLAND COUNTY 215-563-7000 PENNSYLVANIA NATIONSTAR MORTGAGE LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 13-3609 STEVE J. YANEK,JR EDIE J. YANEK Defendant(s) CUMBERLAND COUNTY . CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( `) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X), Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: 0°2 t. Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff NAXIONSTAR MORTGAGE LLC COURT OF COMMON PLEAS Plaintiff 4'F T PRQTHONO AR.Y 20'13 AUG 28 AM 11: 00 . CIVIL DIVISION V. CUMBERLAND COUNTY NO.: 13-3609 STEVE J.YANEK,JR PENNSYLVANIA EDIE J. YANEK Defendant(s) . CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 NATIONSTAR MORTGAGE LLC,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 298 MARTIN ROAD, CARLISLE,PA 17015-9267. I. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) STEVE J.YANEK,JR 8 SOUTH RIDGE ROAD BOILING SPRINGS,PA 17007-9701 ERIE J.YANEK 8 SOUTH RIDGE ROAD BOILING SPRINGS,PA 17007-9701 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) SAME AS ABOVE. 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) METRO BANK 3801 PAXTON STREET, HARRISBURG,PA 17111 METRO BANK JSDC LAW OFFICES C/O KIMBERLY A.BONNER,ESQUIRE P.O.BOX 650 HERSHEY,PA 17033 METRO BANK JSDC LAW OFFICES C/O SCOTT A.DIETTERICK,ESQUIRE P.O.BOX 650 HERSHEY,PA 17033 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please'indicate) MEMBERS 1ST FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG,PA 17055 MEMBERS 1ST FEDERAL CREDIT UNION 5000 LOUISE DRIVE C/O BUSINESS LENDING MECHANICSBURG,PA 17055 PH# 812112 5. Yame and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address-of every other person who has any record interest in the property and whose interest may be affected by the sale., Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of wham 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 298 MARTIN ROAD CARLISLE,PA 17015-9267 COMMONWEALTH OF PENNSYLVANIA. 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX.11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or.information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date; 11 By: Phelan.Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH # 812112 FIE P-ROTRONOTARY NATIONSTAR MORTGAGE LLC : COURT OF COMMON PLEAS 2 013 AUG 28 041: 0! Cll# 8£R�ANO plaintiff CIVIL DIVISION VS. PENNSYLVANIA NO.: 13-3'609 STEVE J. YANEK,JR ERIE J. YANEK : CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: STEVE J.YANEK,JR EDIE J. YANEK 8 SOUTH RIDGE ROAD BOILING SPRINGS,PA 17007-9701 "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 298 MARTIN ROAD,CARLISLE,PA 17015-9267 is scheduled to be sold at the Sheriff's Sale on 1210412013 at 10:00 Win the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$226,207.86 obtained by NATIONSTAR MORTGAGE LLC(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 31.29.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to.assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE'OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. `2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through_only if the buyer pays the Sheriff the full amount due in the sale. To find out if this' has happened, you.may call 215-563-7000. a 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. LEGAL DESCRIPTION All THAT certain tract of land situate in Monroe Township,Cumberland County,Pennsylvania,bounded and described as Lot 4 according to Final Subdivision Plan of Noss Farm for Raymond Diehl prepared by Larry V.Neidlinger,P.E.,August 24, 1977 and recorded in Cumberland County,Pennsylvania in Plan Book 35, Page 128,as follows: BEGINNING at a point along the right of way line of Martin Road(T-553)at the dividing line of Lot 4 herein conveyed and the northern line of a 50 feet wide private right of way as shown on the aforementioned subdivision plan;thence along said private right of way north 89 degrees 00 minutes west,a distance of 200.00 feet to a point on other lands now or formerly of Raymond Diehl;thence along lands of Raymond Diehl north 01 degree 00 minutes east a distance of 100.00 feet to a point at the dividing line of Lot 3;thence along Lot 3 south 89 degrees 00 minutes east a distance of 200.00 feet to a point on the right of way line of aforementioned Martin Road(T-553);thence along said right of way south 01 degree 00 minutes west,a distance of 100.00 feet to a point,the place of BEGINNING. CONTAINING 20,000 square feet exclusive of dedicated right of way. TITLE TO SAID PREMISES VESTED IN Steve J. Yanek,Jr. and Edie J.Yanek,h/w, by Deed from Raymond E. Diehl and Genevieve A.Diehl,h/w, dated 02/05/2007,recorded 02/08/2007 in Book 278, Page 3688. PREMISES BEING: 298 MARTIN ROAD,CARLISLE,PA 17015-9267 PARCEL NO.22-10-0638-072 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-3609 NATIONSTAR MORTGAGE LLC V. STEVE J."YANEK,JR EDIE J. YANEK owner(s) of property situate in MONROE TOWNSHIP, CUMBERLAND County, Pennsylvania, being 298 MARTIN ROAD, CARLISLE,PA 17015-9267 Parcel No. 22-10-0638-072 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $226,207.86 Attorneys for Plaintiff Phelan Hallinan, LLP WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-3609 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONSTAR MORTGAGE LLC Plaintiff(s) From STEVE J.YANEK,JR,EDIE J.YANEK (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:$226,207.86 L.L.: $.50 Interest from 08/29/2013 to Date of Sale($37.18 per diem)-$3,643.64 Atty's Comm: Due Prothy:$2.25 Atty Paid: $226.31 Other Costs: Plaintiff Paid: Date: August 28,2013 as� David D.Buell,Prothonotary (Seal) _eP-— (— Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,ESQUIRE Address: Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Attorney for:Plaintiff Telephone: 215-563-7000 Supreme Court ID No.203034 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY NATIONSTAR MORTGAGE LLC PH#812112 DEFENDANT SERVICE TEAM/Ixh STEVE J.YANEK,JR COURT NO.:13-3609 EDIE J.YANEK SERVE EDIE J.YANEK AT: TYPE OF ACTION 8 SOUTH RIDGE ROAD XX Notice of Sheriff's Sale BOILING SPRINGS,PA 17007-9701 SALE DATE: December 4,2013 SERVED Served and made known to EDIE J.YANEK,Defendant on the (C) day of S +1 7 20 t3,at —085 o'clock M.,at gSOUT(r{ ( tO6E �O ,in the manner described below: .! efendant personally served. ''--i" t c _Adult family member with whom Defendant(s)reside(s). Co Relationship is tp 7311 _Adult in charge of Defendant's residence who refused to give name or relationship. Z _Manager/Clerk of place of lodging in which Defendant(s)reside(s). CD 15 _Agent or person in charge of Defendant's office or usual place of business. •7' an officer of said Defendant's company. Other: Description: Age S Height `7 � Weight Race tki Sex Other I, 1VSI‘) , a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. �j,, DATE: 'Lc>13 NAME:/`'111c\- [ it> . lkv�'ata(,t1�-/.� Pe( i PRINTED NAME. TITLE: (,raS S SeK-tietL. NOT SERVED On the day of 20 , at o'clock .M.,I, ,a competent adult hereby state tha D f`endant NOT FOUND because: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on l I B at , at Service Refused 16 fry\ Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 AFFIDAVIT OF SERVICE .Y PLAINTIFF CUMBERLAND COUNTY NATIONSTAR MORTGAGE LLC PH#812112 DEFENDANT SERVICE TEAM/lxh STEVE J.YANEK,JR COURT NO.:13-3609 EDIE J.YANEK SERVE STEVE J.YANEK,JR AT: TYPE OF ACTION 8 SOUTH RIDGE ROAD XX Notice of Sheriff's Sale BOILING SPRINGS,PA 17007-9701 SALE DATE: December 4,2013 rn c:/.73 cf _FT] SERVED co Served and made known tR STEVE J.YANEK,JR,Defendant on the (� day of 5 20 3,ar -x„± b'- o'clock M.,at SCUT t i �-C O ,in the manner described below: ' Defendant personally served. _ ( _Adult family member with whom Defendant(s)reside(s). >'= • Relationship is - 7 6 ... Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height ' 3 •Weight�3b Race w Sex Other I, 1 Cell s rAtiNQ , a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: �l5 Vim. NAME: 16 0 . PRINTED NAME: t/ °��" dC LECN TITLE: [/CS S St-11-GC'(t- NOT SERVED On the day of ,20 at o'clock .M.,I, ,a competent adult hereby state that Defendant 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 3 I ! to lArt Phelan Hallinan, LLP 3 f ! Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 (.,OUNTY One Penn Center Plaza r° t $Y LVA h'!A Philadelphia, PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE LLC • Court of Common Pleas • Plaintiff • Civil Division • v. CUMBERLAND County • STEVE J. YANEK, JR EDIE J. YANEK • No.: 13-3609 Defendants 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 June 21, 2013. 2. Judgment was entered on August 28, 2013 in the amount of$226,207.86. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However,new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 4, 2013. 812112 5. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $220,363.26 Interest Through December 4, 2013 $15,935.66 Legal fees $1,875.00 Cost of Suit and Title $1,084.03 Property Inspections $18.30 Escrow Deficit $8,323.69 TOTAL $247,599.94 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on November 7, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit`B". 10. No judge has previously entered a ruling in this case. 812112 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: /f,1t/ L3 By: Zac Jo - squire A,'/ O' FOR PLAINTIFF 812112 Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE LLC • Court of Common Pleas • Plaintiff • Civil Division • v. CUMBERLAND County • STEVE J. YANEK, JR EDIE J. YANEK : No.: 13-3609 Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE STEVE J. YANEK,JR and EDIE J. YANEK 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 298 MARTIN ROAD, CARLISLE, PA 17015-9267. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 812112 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 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 812112 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 Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 812112 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested,and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 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. 812112 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 812112 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 812112 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 812112 • Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LP DATE: 1 1113 By: 1 Za1ft4V o►es, Esquire I,/o. ey 'or Plaintiff 812112 Exhibit "A" 812112 PHELAN HALLINAN, LLP GH I/itt PRO H Ff C� y for Plaintiff °TAR e Adam H. Davis,Esq., Id. No.203034 2�j3 AUG a 1617 JFK Boulevard, Suite 1400 28 AM 10: 59 One Penn Center Plaza "BERLAND co Philadelphia,PA 19103 PENNsYLVq O U TY Adam.Davis @phelanhallinan.com 215-563-7000 • NATIONSTAR MORTGAGE LLC : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS STEVE J. YANEK,JR : CIVIL DIVISION EDIE J.YANEK : No. 13-3609 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 STEVE J.YANEK,JR and EDIE J.YANEK,Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $226,207.86 TOTAL $226,207.86 I hereby certify that(1)the Defendants'last known addresses are 8 SOUTH RIDGE ROAD,BOILING SPRINGS, PA 17007-9701 and 298 MARTIN ROAD, CARLISLE, PA 17015-9267, and(2)that notice nfotice has been given in accordance with Rule Pa.R.C.P 237.1. Date ,ej2•7/ V Adam H. avis,Es .,Id.No 034 OP. • Attorney r Plain DAMAGES ARE HEREBY ASSESSED AS INDICATED. .' al DATE: ag'i3 .. �_.,. �... PH#812112 PROTHONOTARY W\%\\°()A. 1 CVE‘N39 bia 812112 61tkqtQ g '!J v\to • • Exhibit "B" 812112 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 November 6,2013 STEVE J. YANEK,JR EDIE J. YANEK 8 SOUTH RIDGE ROAD BOILING SPRINGS,PA 17007-9701 RE: NATIONSTAR MORTGAGE LLC v. STEVE J. YANEK,JR and EDIE J. YANEK Premises Address: 298 MARTIN ROAD CARLISLE,PA 17015 CUMBERLAND County CCP,No. 13-3609 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days, by 11/13/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly y , Zac /Aes,Esq., Id.No.310721 Alt, j.rPlaintiff Encl 812112 -* br'P.w .w�?F...>.w..�. .< .:..n...�,:.w!.*'^ wWVMM.s'++�.-.-..: .....« w........�r..k�Mirrtw:war+n..... ,rw•........ u.n....�...�,s,,n......,,,. E++,o.... .. ... • 'r r._ . •"- , .. '. .• :'.. °sSS 1 :'i.:},.r:"':s" < :',' .�� FT. t _ =i^ � ; gh» ;[tf,..Pti' l.ia , 1.�?. ,,, q M° ,« ;o. . .'. .. t. '� w�"<'a='•*.= ,144:•` e ,�`Sra +' _ «3r.'C?ax t A Yti g ;t ,xr..I� i ;,f •.,,:...0,=,.,.�:tvi. . 'S: 4,,,,t- �He�r `�.i� u:L 1_ :C+.';<7 : *:"i >i' �.3 s".» m;, �: Y:,.sr '«:!r -m,.,' 4'1Y:.Jts K-•.:4,,ice' '7 '4,,,, " :, 1,1 f i ;--s.:0ap < ,^4.4'," -A� .i .::tG:A:' t t•:t µss'A 4.f .:4' £.T. .t�>a4_ K , .:i1E»i ',i ry)+.,r. iV.,. i. ,.1:�..�� L,y'"%. .:Z :"', R Y. %:: : . Mx fir .... .: . � 6.CV E4.0Z £0 A6 1.t eS►000 4 , . CV de i Ex 41.,'S d F to gB �•g 1111 .2. - O y » pt ', $1. es N a 'o`s iIii..art ' ' co 4 w a 1 d ° u E C w to o I a tz La .c ,..., ,-, E N., ....„ ..k ,,, 0 0 c..1 .1 .. Ezi '''' i E''' a .° 00WmGo °' 0ZuonnWevUa w u L. 2 .*F,. . W 0 it # U 0,, 6 z As Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE LLC • Court of Common Pleas • Plaintiff • Civil Division • v. • CUMBERLAND County • STEVE J. YANEK, JR EDIE J. YANEK • No.: 13-3609 • Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. STEVE J. YANEK,JR STEVE J. YANEK, JR EDIE J. YANEK EDIE J. YANEK 8 SOUTH RIDGE ROAD 298 MARTIN ROAD BOILING SPRINGS, PA 17007-9701 CARLISLE, PA 17015-9267 Phelan Hallinan,L P DATE: Jl (4i9 By: Zach. Jone: squire AT •RN. OR PLAINTIFF 812112 •PHELAN.HALLINAN,LLP Attoey for Paii f rn Adam H.•Davis,Esq.,Id.No.203034 L fi[ » J COUNTY • • 1617 JFK oulevard,Suite 1400 t -L' S v_v A N 1 A• . .. 'One Penn Center Plaza ' • Philadelphia,PA 19103 • - Adam.Davis@PhelanHallinan.com • . 215-563-7000 • . IN THE COURT OF COMMON PLEAS ' • . . • .OF CUMBERLAND COUNTY,PENNSYLVANIA - - - NATIONSTAR MORTGAGE LLC' " : CUMBERLAND COUNTY ' • •• ' Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION STEVE J.YANEK,JR EDIE J.YANEK No.: 13-3609 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"./f A-04/...4/ ) ,.'W Adam H.Davis,Esq.,Id.No.203034 // �/� � Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#812112 • NATIONSTAR MORTGAGE LLC COURT OF COMMON PLEAS • Plaintiff CIVIL DIVISION v. . ••• • • N.O.: 13-3609 • • • • • • STEVE J.YANEK,JR • EDIE J.YANEK Defendant(s) CUMBERLAND COUNTY • • • • AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 NATIONSTAR MORTGAGE LLC,.Plaintiff in the above action,by the uhdersigned 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 298 MARTIN ROAD, . . • CARLISLE,PA 17015-9267. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) STEVE J.YANEK,JR 8 SOUTH RIDGE ROAD,BOILING SPRINGS,PA 17007-9701 EDIE J.YANEK 8 SOUTH RIDGE ROAD,BOILING SPRINGS,PA 17007-9701 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) STEVE J.YANEK,JR 8 SOUTH RIDGE ROAD BOILING SPRINGS,PA 17007-9701 EDIE J.YANEK 8 SOUTH RIDGE ROAD BOILING SPRINGS,PA 17007-9701 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) METRO BANK 3801 PAXTON STREET HARRISBURG,PA 17111 METRO BANK C/O KIMBERLY A.BONNER, JSDC LAW OFFICES ESQUIRE P.O.BOX 650 HERSHEY,PA 17033 METRO BANK C/O SCOTT A.DIETTERICK, JSDC LAW OFFICES ESQUIRE P.O.BOX 650 HERSHEY,PA 17033 MEMBERS 1ST FEDERAL CREDIT UNION MARTSON DEARDORFF ET AL C/O CHRISTOPHER E RICE 10 E HIGH STREET CARLISLE,PA 17013 4. Name and address of last recorded holder of every mortgage of record: PH#812112 Name Address(if address cannot be reasonably ascertained,please indicate) MEMBERS 1ST FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG,PA 17055 . • • • • • • MEMBERS 1ST FEDERAL CREDIT UNION 5000 LOUISE DRIVE : • • .C/O BUSINESS LENDING ` - • • • MECHANICSBURG,PA 17055 ' • •5. . Name and address of every other person who has any record lien on the property: • Name Address(if address cannot be • • reasonably ascertained,please indicate) • • None.. •. . . . • 6. Name and address-of every other person who has anyrecord interest in the property and whose interest may be affected by the • sale. • Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 298 MARTIN ROAD CARLISLE,PA 17015-9267 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING PH#812112 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: 1 /I1 ii By A- Cite- . . 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#812112 ..r�y�._s-w.wne.......F«w. :..ewM+er>..n+ E'trarnilrv.... ,.i.... eye !Y•w-r.`^."�oaW�SY!'ya•`1mv�-�W'••xya,..v mw�H+.+na....�_ a.,.. w .. ....... s. _.. ca l} csa ,•..I .. I A 2, 011' cm � � Y/ if r ii g `0 g' I fa. � . . E i 1 j V, M 12 y td., = 1 i I J. • .1 p,.., c. i I i ,., . it I 1 40 0 0.„„, ssi 111 ' 1 to ,„ fie 5 ; a, rii ir w [111!:1 4 a IT ; . ; .a.' • • w_e i bg '1 • Al 04.. �. .v r',,,Al 3E -T v:l :..':aVVES 4 F .. ,. . f � � 02 1 4 3 'S 001 660 . . ... M. .Q001381191 N1 05 213: �T� - • Name and Weian NniKnss.i 1 P R il 7.44 n 1114 •Atkin a Of 1617 WE EtntkvtdSui:e l5tl' &nWcr O e Etta Centel Plaza• 0 . • • Rtiladelphic,PA 19103• AZK13DA+171048613 SALT . '..Inc An104 Numbit Num atAQCreslea,Sued,*Ai PIO 01044 A(was . • Postage '" • 1 •K 7EI:AtIS'dOCtXkrAbPI` $8.45 A • ' MARTIN ROAD • - - /i CARLISLE.Pk 7413.4261 - '.2 - •••a • COAMMDNWEALTHHOFPENN.SYI.VANIABC1REAU OFINDIVI[aUALTAXESINHERfFANCETAXD7vZS1OV 111A5 . o^ Sill FL0OR,S`iRAWIERRT SQ. ? • Q • • IIALIAVBUAG,PA 271!8 1....z.` • 7 •4a. , tik"PARTMBNT OFPVIt.2CWELPARE.TPL CASUALTY V$IT,ESTATE IRCOVFRY PROGRAM .$$4!0 :"> �«i vim`., . :.P.O.RCM$#8B .. ;»• WILLQVtAE MELDING i • • HARRSDIDIG.PA27105 • 4 ••ra MEMBERS 1ST EEA CPEDt L4ION ' $$43 1`i`,_1, . ursEIL& PA txi?+3 •4 • i ^"1 5 - •••• 1ST F FEDERAL I.TUS4tONCO LENDING. ... s•:'-•-•• 1'',I, • SD04 LOIf EI1RIYE . 1NsassiatlC S9GAC,PA 1711'5. . • ■ t «w MIsa7U3i$ASK• $0.45 • • Ti-DI TARTOR STUR£T • -nALPNIipRC,PA 17111 • . •7 ••a• . METRORANKCJO KIM'S BONNER.7SrUIRE • . 27a,t5 . • 'ZLIC"Y;AWOI!f+ICLS • . • • P•).BOX 550 �- w ItLFSIIEY,PA 170.'73 .. e •••. METRO BAN i-f0 SCOTT A.t)II:ETERICis FSQCIFE 50 AS I It .3EDC LAW OFFICES P.O.ROY 614 __.... :•• ROMErne RELATIONS OT - i CUMBERLAND COUNT% t 13 NORTH K4NOVER ETREEI • V... CARLISLE,PA i?0l3• • I4 4••• COMMONWEALTH OF PENNSYLVANIA SPAS -.... •' DEPAR1 TOP WELFARE • P.O.BOX 2675 HARRISBURG,PA 17105 ii .•4•• INTERNAL.RE NO EIS VI(E ADVISORY 30.45 2000 LIBERTY Avsmitioosi 704 PTTTSJURGUI,P4 15E12 • 12 4•4• t#S.OEPARTMBNT OF JUSTICE SQ45 V,&./ls;j:'1'ORNNEY FOR THE MIDDLE DISTRICT OF PA FEDF.R.A1.BUILDING • 22*WALNUT STRUT,SIJlTE220 FO BOI(11754 - - - . IMUUBHURG,PA 171001754 ...- -` .'" S7RVE J.YA a at l:... Writ Tnsn SSAO .. . T•tii L2.•his of TaMiN..alw•sCPks<• Peststursiss.bPm(N.mn.f -'The fall geoisn mat.-Wua k e.gvimd se elkioercle r issur tlhwakne sal fr1L•M noainwmi,dr.ndtY p 7 I Meal Wel bl Smtkt Racawdtl PYs#Oirgs ita•iri4S tackles)les) lot the t sonsn WSoeof uonMeainib'e&acumen*IakYE gressMat3 decal.rat ievl6lMci'An itxu anG'it OA ROC per pcoestibiattto it firait of$5@0.001 per otennenen he minus*irduoniq pryabk cis Essismi Miii,aYtiyNise is WO .. The rumknam last ose,7p•pbkIsli.1.,s09 fur mei:teed mg.semi vita apgmYi trsuraax Stc tX,04.1K MAW M.. RO*)SOli sad 74]1 Do Ytnkatkuu a t.rva,.ge Form 3877 Facsimile IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NATIONSTAR MORTGAGE LLC Court of Common Pleas Plaintiff • Civil Division v. • CUMBERLAND County STEVE J. YANEK, JR • EDIE J. YANEK : No.: 13-3609 Defendants RULE AND NOW, this /9' day of //lo' 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants 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 E COURT J. C =, -'y rnt ) ; x7 CCID I 's I 't fit' 04.11_:),:thoes ii/.10//3 812112 �` I ED-OFj Ur THE PROM) 2013 2013 DEC 18 M1 II: 4 3 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE LLC Court of Common Pleas Plaintiff • • Civil Division vs. • • CUMBERLAND County STEVE J. YANEK, JR EDIE J. YANEK No.: 13-3609 Defendants MOTION TO MAKE RULE ABSOLUTE NATIONSTAR MORTGAGE LLC, 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 November 15, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on November 7, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 812112 3. A Rule was issued by the Honorable $jdName on or about November 20, 2013 directing the Defendants to show cause by December 10, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on November 26, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of December 10, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Phe : Ha I Man, ' DATE: 12 (162//3 By: 4' Justi► V obeski, Esq., Id.No.200392 ey for Plaintiff 812112 Exhibit "A" • 812112 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 November 6,2013 STEVE J. YANEK,JR EDIE J. YANEK 8 SOUTH RIDGE ROAD BOILING SPRINGS,PA 17007-9701 RE: NATIONSTAR MORTGAGE LLC v. STEVE J. YANEK,JR and EDIE J. YANEK Premises Address: 298 MARTIN ROAD CARLISLE,PA 17015 CUMBERLAND County CCP,No. 13-3609 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days,by 11/13/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly y',, ars, lac r End tr'e'' • es,Esq., Id.No.310721 Att,,rn 'sr Plaintiff 812112 r I 11611=7111171111111111111111111111111111.111.1111r17117” - £�flZ ZOO AG�J16tt pi4C�D -�. .. . .- 0899'ZOO $ _Q�kit t .6: -_eems ,;,22i �,. demmummariraimminim yyC KJ' iic�y.-�_��ji[f(1 t. A r to . a e ,ff' 41 1 l lit" 1 LI{ N CO 4i `r i Li 1 Qr la 4 1 • • r . Y s a. r c- A ti 727-,j1 � � © � � gal vs= mil, 4cz , 40c�, , >. 4 › SFr 'ems .0 ,4 =C..) _, a g x 41"`0 F • ' s , , si u n a t O QC . g � � 11 re) Exhibit "B" 812112 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NATIONSTAR MORTGAGE LLC . Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County STEVE J. YANEK, JR EDIE J. YANEK No.: 13-3609 Defendants RULE AND NOW,this Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants 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 THE COURT 4 J. c - z C r --== mmg • tZtt • C) pC 812112 Zachary Jones,Esq.,Id.No.310721 Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 SI.EVE J.YANEK,JR STEVE J. YANEK,JR EDIE J. YANEK EDIE J. YANEK 8 SOUTH RIDGE ROAD 298 MARTIN ROAD BOILING SPRINGS,PA 17007-9701 CARLISLE,PA 17015-9267 812112 812112 Exhibit "C" • ,:3t a 27 5 ; {( 2 CU;13ERLAND u N PENNSYLVANIA Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE LLC • Court of Common Pleas co Plaintiff vs. Civil Division STEVE J. YANEK, JR • CUMBERLAND Cody EDIE J. YANEK Defendants No.: 13-3609 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's November 20, 2013 R , O ' directing the Defendants to show cause as to why Plaintiffs Motion to Reassess 1i -'s xould not be granted was served upon the following individuals on the date indicated below. STEVE J. YANEK, JR STEVE J.YANEK,JR EDIE J. YANEK EDIE J. YANEK 8 SOUTH RIDGE ROAD 298 MARTIN ROAD BOILING SPRINGS,PA 17007-9701 CARLISLE, PA 17015-9267 Phelan Hallinan, L DATE: ///2 3 By: . r __�.._ Ju' `n2 o•eski,Esq., Id. No.200392 � Att•, ey for Plaintiff 812112 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE LLC Court of Common Pleas Plaintiff • • Civil Division vs. • • CUMBERLAND County STEVE J. YANEK, JR • EDIE J. YANEK No.: 13-3609 • Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. STEVE J. YANEK, JR STEVE J. YANEK, JR EDIE J. YANEK EDIE J. YANEK 8 SOUTH RIDGE ROAD 298 MARTIN ROAD BOILING SPRINGS, PA 17007-9701 CARLISLE, PA 17015-9267 Phelan Hal • DATE: ' 2 1/ X4(3 By: Justin F Ccbeski, Esq., Id.No.200392 Atto` for Plaintiff 812112 IT C'CU f"L.i�NS`FLVANIA 'I. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA NATIONSTAR MORTGAGE LLC • Court of Common Pleas Plaintiff vs. • Civil Division STEVE J. YANEK, JR • CUMBERLAND County EDIE J. YANEK • Defendants • No.: 13-3609 ORDER AND NOW, this ZG- day of alw..,",.,6cr-, 2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $220,363.26 Interest Through December 4, 2013 $15,935.66 Legal fees $1,875.00 Cost of Suit and Title $1,084.03 Property Inspections $18.30 Escrow Deficit $8,323.69 TOTAL $247,599.94 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. B H. CO),ITILL. / J. 812112 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY i t i1C. ,C °FRU 3 r THE S1".EW F 21111i NPR 24 PEtiNSILVN"IA Nationstar Mortgage LLC vs. Edie J Yanek (et al.) Case Number 2013 -3609 SHERIFF'S RETURN OF SERVICE 09/23/2013 02:34 PM - Deputy Jamie DiMartle, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 298 Martin Road, Monroe - Township, Carlisle, PA 17015, Cumberland County. 10/01/2013 Shawn Gutschall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Steve J. Yanek, Jr, (Husband) who accepted as "Adult Person in Charge" for Edie J. Yanek at 8 South Ridge Road, Boiling Springs, PA , Cumberland County. 10/01/2013 Shawn Gutschall, Deputy, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Steve J. Yanek, Jr. at 8 South Ridge Road, Boiling Springs, PA, Cumberland County. 12/04/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs. Sale Continued to 1/8/2014 01/08/2014 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 on January 08, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of Federal Home Loan Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $813.15 SO ANSWERS, March 25, 2014 RON'R ANDERSON, SHERIFF eriff. i el " scft. inc. DD pd. ae .SD pd 306 964 On September 9, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA, Known and numbered as, 298 Martin Road, Carlisle, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: September 9, 2013 By: Real Estate Coordinator I S :b V 0E 911V WIZ .j313HS 3H1 30 30 �30� LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2013 -3609 Civil Term NATIONSTAR MORTGAGE LLC vs. EDIE J YANEK, Steve J. Yanek, Jr. Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13 -3609, NATIONSTAR MORTGAGE LLC v. STEVE J. YANEK, JR, EDIE J. YANEK owner(s) of property situate in MONROE TOWNSHIP, CUMBER- LAND County, Pennsylvania, being 298 MARTIN ROAD, CARLISLE, PA 17015 -9267. Parcel No. 22 -10- 0638 -072. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $226,207.86. 137 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, 11ditor SWORN TO AND SUBSCRIBED before me this 5 da of October, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717 -255 -8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the patriot -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. PUBLICATION COPY 2013 -3609 CMI Term NATIONSTAR MORTGAGE LLC vs. EDIE J YANEK Steve J. Yanek, Jr. Atty: Joseph Schalk By virtue of a Writ of Execution No. 13 -3609 NATIONSTAR MORTGAGE LLC v. STEVE J. YANEK, JR EDIE J. YANEK owner(s) of property situate in MONROE TOWNSHIP, CUMBERLAND County, Pennsylvania, being 298 MARTIN ROAD, CARLISLE, PA 17015 -9267 Parcel No. 22- 10- 0638 -072 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $226,207.86 This ad ran on the date(s) shown below: 10/13/13 10/20/13 10/27/13 Sworn to and subscribed before me this 11 day of November, 2013 A.D. r P ':llc ,I COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington TWp., Dauphin County M Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OP NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Steve J Jr & Edie J Yanek is the grantee the same having been sold to said grantee on the 8th day of January A.D., 2014, under and by virtue of a writ Execution issued on the 28th day of August, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 3609, at the suit of Nationstar Mtg LLC against Steve J Yanek Jr & Edie J is duly recorded as Instrument Number 201408346. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this o7 day of A.D. 20/? oi AL 41 Recorder of Deeds Recorde o Deeds, Cumberland County, Carlisle, PA, My Commission Expires the First Monday of Jan.2018