The URL can be used to link to this page

Home My WebLink About13-4449 Supreme Court of Pennsylvania Courat,6f Com; tfleas For Prothonotary Use Only: Gvil'Cbva, eet CUMBERY: County Docket No: The inforniation collected on this form is used solely court administration purposes. This form does not supplement or replace the filing and service o leaditt s or other a ers as required ed by law or rules of 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, Lead Defendant's Name: LYNDA S. LOCKARD T LLC, F /K/A CENTEX HOME EQUITY COMPANY, LLC I Are money damages requested? ❑ Yes 0 No Dollar Amount Requested: ❑ within arbitration limits 0 (Check one) ❑x outside arbitration limits _ N Is this a Class Action Suit? ❑ Yes 9 No Is this an MDJ Appeal? ❑ Yes No A Name of Plaintiff /Appellant's Attorney: Melissa J. Cantwell, Esq. Id. No 308912 Phelan Hallinan LLP ❑ Check here if you have no attorney (area Self - Represented [Pro Sel Litigant) Nature of the Place an "X" to the left of the ONE case category that most accurately describes your Case PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01 /01/2011 o I r L - P;P;() 1 4 / AI 2-9 � c�ENNS � POU � A PHELAN HALLINAN, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215 -563 -7000 NATIONSTAR MORTGAGE, LLC, FIKIA CENTEX HOME EQUITY COMPANY, LLC COURT OF COMMON PLEAS 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 CIVIL DIVISION Plaintiff TERM V. NO. J -'7 qv 014d LYNDA S. LOCKARD 205 SOUTHSIDE DRIVE CUMBERLAND COUNTY NEWVILLE, PA 17241 -8910 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE �fD File k 321373 C i! / J 3 axa), 1. Plaintiff is NATIONSTAR MORTGAGE, LLC, F /K/A CENTEX HOME EQUITY COMPANY, LLC 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 2. The name(s) and last known address(es) of the Defendant(s) are: LYNDA S. LOCKARD 205 SOUTHSIDE DRIVE NEWVILLE, PA 17241 -8910 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 05/10/2005 LYNDA S. LOCKARD made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Book 1906, Page 4435.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 01/15/2013 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 #: 321373 6. The following amounts are due on the mortgage Principal Balance $49,930.40 Interest $2,776.42 12/15/2012 through 7/18/2013 Property Inspections $73.20 Property Preservations $0.00 Appraisal /BPO $90.00 Non Sufficient .Funds Charge $0.00 Escrow Deficit $0.00 Subtotal $52,870.02 Forbearance Balance $(626.65) Suspense Credit $0.00 Escrow Credit $(672.22) TOTAL $51,571.15 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 #: 321373 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $51,571.15 , together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP B L- - --Q ( '-" 2 Melissa J. Cantwell, Esq., d. No.308912 Attorney for Plaintiff File #: 321373 VERIFICATION ALANA HENDERSON hereby States that he /she is ASSISTANT SECRETARY Of NATIONSTAR MORTGAGE, LLC, Plaintiff in this matter, that he /she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The, undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 7/18/2013 Name: HENDERSON Title: ASSISTANT SECRETARY NATIONSTAR MORTGAGE, LLC File #: 321373 File #: 321373 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 #: 321373 FORM I IN THE COURT OF COMMON PLEAS NATIONSTAR MORTGAGE, LLC, F /K /A OF CUMBERLAND COUNTY, PENINSYLV�!A CENTEX HOME EQUITY COMPANY, LLC �2c "=''' -- - 0 G„_ Plaintiff(s) 1- tr VS. LYNDA S. LOCKARD ✓ WRivil Defendant(s) Z_ (D NOTICE OF RESIDENTIAL MORTGAGE FORECLOSUI . DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: JUL 25 2013 Date Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $_ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles boats motorcycles); Model: Year: Amount owed: Value Monthly Income Name of Employers: I • Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): I. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay :Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 °d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone .Da /Child Care /Twit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r , �xt tit citala� c' ;0 f��J �' { .. Jody S Smith �" � N . Chief Deputy �, t sit Richard W Stewart t �RLACt$ iifi �,. Solicitor OPT CE OF T49$PER r P D ��S Y LV ff l Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC Case Number vs. 2013-4449 Lynda S Lockard SHERIFF'S RETURN OF SERVICE 08/01/2013 06:12 PM- Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Lynda S Lockard at 205 South Side Drive, Penn Township, Newville, PA 17241. � s UTSH Lt, DEPUTY SHERIFF COST: $41.56 SO ANSWERS, August 02, 2013 RON R ANDERSON, SHERIFF (c}CountySuto Sheriff,Toleosott.Inc. Ur- THE Pi O T itrN0T!c — PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 2183tO`C I 3 n.: Attorne y for Plaintiff 126 Locust Street All ; Harrisburg, PA 17101 CUMBERLAND COUNTY 215-563-7000 x1360 PENNSYLVANIA NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Court of Common Pleas 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 Civil Division Plaintiff No. 13-4449-CIVIL v. Cumberland County LYNDA S. LOCKARD 205 SOUTHSIDE DRIVE NEWVILLE, PA 17241-8910 Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, Nationstar Mortgage, LLC, f/k/a Centex Home Equity Company, LLC (hereinafter "Plaintiff'), by its attorney, D. Troy Sellars, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On July 29, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for her failure to make monthly payments of principal and interest upon her mortgage due January 15, 2013, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit"A". 2. On August 1, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice upon the Defendant. A true and correct copy of the Sheriff's Return of Service is attached hereto, made part hereof and marked as Exhibit"B". 3. Pursuant to the Cumberland County Administrative Order of February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the 815131 • Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty(60) days of service. 7. Since Defendant has opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HAL AN, LLP Date: 1 2 LÀ 3 BY: D. Troy Wars, Esquire Attorney for Plaintiff 815131 Exhibit "A" M n ti7 c O 1 X73 w --� r+rrn 2 r-- nor-` ba z PHELAN HALLINAN,LLP nczi w r'> Melissa J.Cantwell,Esq.,Id.No.308912 y, 1617 3FK Boulevard,Suite 1400 ATTORNEY FORRLA�E1 'IFF One Pam Center Plaza Philadelphia,PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY,LLC COURT OF COMMON PLEAS 350 HIGHLAND DRIVE LEWISVILLE,TX 75067 CIVIL DIVISION Plaintiff TERM V NO. l✓-wy9 LYNDA S.LOCKARD 205 SOUTHSIDE DRIVE CUMBERLAND COUNTY NEWVILLE,PA 17241-8910 Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE , difY the We ' : M►` File I 321373 s VRIer copy ot two e4 tec°t° NOTICE You have been sued in Court. if you wish to defend against dedmJmesei{orthbmthc 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 ui.rth 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 10 YOUR LAWYER AT ONCE. [F YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTE!BELOW. tHIS OFFICE CAN PROVIDE YOU WfIH INFORMATION ABOUT HIRING A LAWYER, [F YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE To PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TFIAT MAY OFFER LCGAl. SERVICES'[O ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMflEIU,AND COUNTY AT!OR NEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION C(/k1nERLxND COUNTY COURTHOUSE 2L|B2n'rYAVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 i. PiuindU'iu NAT DNS7.AR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, UC 350 HIGHLAND DRIVE [EVV|8V7LLE,TX75067 2 The name(s) and last known address(es)of the Defendant(s)are; LYNDAS. L.00KADD 205 SO[JTEISIDE DRIVE NEWVILLE,PA 17241-8910 who is/are the mortgagor(s)and/or real owner(s) of the property hereinafter described. 3, 0n05/l0/2805L`9NDAS. [.VCK/\RD made, executed and delivered u mortgage upon the premises hereinafter described to PL./\lN'[}FF, which mortgage is recorded in the Office of the Recorder of Deeds ofCIJMF3FRLANI) County, in Book 1906, Page 4435.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with PaRC,P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record, 4. l'he premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortg4godumO1/l5/20l3unduuohmmnd\Uhcrouftnraruduewnduopand' undhytbctcrmo o said mortgage, upon tilurc 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 collectihic forthwith. 6. l'hc following amounts are due on the mortgage Principal Balance $49,950.40 Interest $2.776.*2 12/15/2012 through 711 R/2013 Property Inspections $73.20 Property Preservations $0.00 /\ppnaioo|/BP0 $90.00 Non Sufficient Funds Charge $0.00 Escrow Deficit $0.00 Subtotal $52.870.02 Forbearance Balance $(626,65) Suspense Credit $n.uO Escrow Credit $(672,22) TOTAL $51.571.15 7. Plaintiff ix not seeking u judgment nf personal liability (or onin pe/annnm 'n against the Defndant(s) in the Action;however, Plaintiff reserves its right to bring a separate Action to establish that riuht, if such right exists. if l)efendant(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 6o[|974,Notice ufHomeowner's Emergency Mortgage Assistance Program pursuant to Act 91 oylyQ3,am amended|n 2000, and/or Notice of Default as required by the mortgage dncu/uout,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. W||ED£FORB. Muird|fTdcmunduuninIeOjudgnen(ueuina[duDofedant(dindmxnmu[$5|,57l.l5 . together with interest, costs,fees,and charges collectible under the mortgage including but not limited (nuUomoy lees and costs, and for the foreclosure and sale o[the mortgaged property, PBELANBAIl|NAN,LLP 8Nt ~ ` � Melissa J. Cantwetl, ~ No.308912 Attorney for Plaintiff VERIFICATION ALANA HENDERSON hereby states that he/she is ASSISTANT SECRETARY of NAT1ONSTAR MORTGAGE, LI,C,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. iN A 4 -40403 DATE: 7/18/2013 Name: Al.ANA IIENDFOS(1N Title: ASSISTANT SF,CRETARY NAT1ONSTAR MORTGAGE, 1.1.,C File: 321373 FORM t IN'DIN COI JR'IOF( ()iM41C)"J PLEAS N r1"1'10 V,i"l'Ati t41C;t2'f(7,ACil;,I,LC, J KrA OF('UMBER1,-\Nl7 couNiy, PENNSYLVANIA ( F (:E'X JIOME LQ1.11'l'Y COMPANY,LLCI P'laintitt(s) • vs. LYNDA S.l,OCKAR.1) Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may he able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender, If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference, First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference.It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative.However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf.If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed within sixty(60)days of the service upon you of the foreclosure complaint.If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISE.TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: p`l l a if ( Ii Date Melissa J.Cantwell,Lsq.,Id. No.308912 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet 0:3te C,:ritherltiud Courty Court of Common Pleas Docket BORROWER REQUEST FOR I IARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: sT011Eltil'IMI110 1PPLICANT Borrower name(s): Property Address: City: State: Is the property for sale? Yes r_11 No Listing date: _ Price:$ Realtor Name: Realtor Phone: Borrower Occupied? Yes u No L) Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: 4 of people in household: How long? COdliOttkOWI:R Mailing Address: City: State: Zip: — Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage I irnder: Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes 8r, In imranec: Date of I ast Payment: 0,,,,,I,;(. :101 b the loan in Bankruptcy? Yes El No Fl If yes,provide names, location ofcourt, case number&attorney: ===='_-_ ' -_—__-__- - -_____-, Assets Amouu1_O,ed: Value: Home: � $___________ Other Real Estate: Retirement Funds; Investments: Checking: $ $ Savings: Other: � �__________ Automobile��&4u�d� Year: Amount owed: Vo|uo'___________ Mmu,i-bde#2: Model: Yoxr: ___ Amount owed: voiuc: �___ Other transportation(Automobiles.,huats„motorcycles): Model: \em: Amount.owed: Yohm___��________ Monthly Ineorne Norm'of Employcr : Monthly Gross__ _ _Monthly Net _____ 2. Monthly Gross Monthly Net Monthly Gross _ _.��onU/|yNc/________ Additional neooie Beset prion(nut wages): _ _ iuonU,]!^moupt: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: _ Mondhly8xuemues: (Please only include expenses you are currently paying) EXPENSE � AM0DNT EXPENSE AMOUNT Mn'tga8o Food 2"«M Utilities Payment(s) Condo/Neig Auto Insurance Med.(not covered) Auto fuel/repairs Other,prop.payment Install.Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Uu,c you been working with u Housing Counseling Agency? Yes #o Fl If yes,please provide the following ioK`nnutioo: A.g`,ncy! Counselor: Ph000 i-ux� Email: Have you madee application for l lorneowners himergency Mortgage Assistance Program (HEMAP) assistance? Y n No r.) Ifye.3, ideas, 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❑ • l Cyes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: Phone: 1.110I4ILA'l"ION 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 Ilwc ann/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) Exhibit "B" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Ti C PE?O'�NU I r: ff Sheri of Cirnrorrl,�,� Jody S smith Z113 AUG 12 AN I0: 39 Chief Deputy Richard W Stewart CUMBERLAND COOT Y Solicitor or f ICE or TKE WERIKK PENNSYLVANIA Nationstar Mortgage, LLC f/k/a Centex Home Equity Company,LLC Case Number vs. 2013 4449 Lynda S Lockard SHERIFF'S RETURN OF SERVICE 08/01/2013 06:12 PM-Deputy Shawn Gutshall,being duly sworn according to law,served the requested Complaint& Notice by"personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Lynda S Lockard at 205 South Side Drive,Penn Township, Newville, PA 17241, Apr WAIF UTS ,DEPUTY SHERIFF COST: $41.56 SO ANSWERS, August 02,2013 RONIvR ANDERSON,SHERIFF (W CcunlySullo Sheriff,TOleosoll.Inc. PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Court of Common Pleas 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 Civil Division Plaintiff No. 13-4449-CIVIL v. Cumberland County LYNDA S. LOCKARD 205 SOUTHSIDE DRIVE NEWVILLE, PA 17241-8910 Defendant CERTIFICATION OF SERVICE I certify that I caused a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order to be sent via first class mail to the person listed below on the date indicated: LYNDA S. LOCKARD 205 SOUTHSIDE DRIVE NEWVILLE, PA 17241-8910 Date: / 2-1/A/_3 By: Y.J -Q-t D. Troy Sellars, Esquire Attorney for Plaintiff 815131 • U IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Court of Common Pleas 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 Civil Division Plaintiff No. 13-4449-CIVIL v. Cumberland County LYNDA S. LOCKARD 205 SOUTHSIDE DRIVE NEWVILLE, PA 17241-8910 Defendant ORDER AND NOW,this 17. day of )`c...'if , 2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY TH OURT: A, J. I-) CC : Lynda S. Lockard Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff• J 815131 ES' Mkt`--CL ■ PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 LYNDA S. LOCKARD 205 SOUTHSIDE DRIVE NEWVILLE, PA 17241-8910 815131 • 1 L; i F ED p PI l I Z j PHELAN HALLINAN, LLP Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 +JU1'1BEt L Pii� CND One Penn Center Plaza PENI,NS YL'v'AFWI A Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE, LLC, : CUMBERLAND COUNTY F/K/A CENTEX HOME EQUITY COMPANY, LLC : COURT OF COMMON PLEAS vs. : CIVIL DIVISION LYNDA S. LOCKARD : No. 13-4449 CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against LYNDA S. LOCKARD, 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 $51,571.15 TOTAL $51,571.15 I hereby certify that (1) the Defendant's last known address is 205 SOUTHSIDE DRIVE, NEWVILLE, PA 17241-8910, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 2-I/2 // /O Jot' an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 67\DAMAGES ARE HEREBY ASSESSED AS INDICATED.; _') / DATE: (9)Iy I I(1 PH#s!5 ;I PROTHONOTARY al. 66.copAi C kk \11 at 815 too Ron WC.CAAtittel PHELAN HALLINAN,LLP Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE, LLC, : CUMBERLAND COUNTY F/K/A CENTEX HOME EQUITY : COURT OF COMMON PLEAS COMPANY, LLC : CIVIL DIVISION vs. : No. 13-4449 CIVIL LYNDA S. LOCKARD 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, as amended. (b) that defendant LYNDA S. LOCKARD is over 18 years of age and resides at 205 SOUTHSIDE DRIVE, NEWVILLE, PA 17241-8910. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date ��iz Phel1- Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 815131 • Department of Defense Manpower Data Center Results as of:Feb-12-2014 02 59:28 AM SCRA 3.0 ' Status Report Pursuant to Senricemembers Civil Relief Act Last Name: LOCKARD First Name: LYNDA Middle Name: S Active Duty Status As Of: Feb-12-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals active duty status based on the Active Duty Status Date Left Active Duty.Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - 'No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date. Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. yAr... r , ®.. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236) - Revised NATIONSTAR MORTGAGE, LLC,F/K/A : CUMBERLAND COUNTY CENTEX HOME EQUITY COMPANY, LLC : COURT OF COMMON PLEAS vs. : CIVIL DIVISION LYNDA S. LOCKARD : No. 13-4449 CIVIL • Notice is iven that a Judgment in the above captioned matter has been entered against you on a 2,„ �{ �y By �► .. If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 815131 NATIONSTAR MORTGAGE, LLC,F/KIA COURT OF COMMON PLEAS CENTEX HOME EQUITY COMPANY,LLC CIVIL DIVISION . ' Plaintiff . v. NO. 13-4449 CIVIL • LYNDA S.LOCKARD Defendant(s) CUMBERLAND COUNTY . TO: LYNDA S.LOCKARD . 205 SOUTHSIDE DRIVE - ' . : . . •• NEWVILLE;PA 17241-8910 DATE OF NOTICE: I / if/ . 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 itAmm,,,,,------ x ro d,�a Emily M. Phelan, Esq.. Id. No.315250 Attorney for Plaintiff Phelan Hallinan, LLP 1617.1FK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia. PA 19103 PH#815131 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 NATIONSTAR MORTGAGE,LLC,F/K/A CENTEX HOME EQUITY COURT OF COMMON PLEAS COMPANY,LLC Plaintiff CIVIL DIVISION V. NO.: 13-4449 CIVIL LYNDA S. LOCKARD Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $51,571.15 Interest from 02/14/2014 to Date of Sale $941.28 ($8.48 per diem) TOTAL $52,512.43 Ph n Hallinan,LLP Jonathan Lobb,Esq.,Id. No.312174 Attorney for Plaintiff Note: Please attach description of property. PH#815131 ;Z�01 �CD -f D o _ tx ID co w t�-y1f m O � C) z a b oil zo r h � z y r� x 0 m ° Z a trJ y � C a tQ � � z `� r LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Penn Township,Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING at a spike in the center of Township Road No. 349 on the dividing line between Lots Nos. 1.l and 12 on the hereinafter mentioned plan of lots; Thence by said dividing line, South 00 degrees 1.0 minutes East 200 feet to an iron pin; Thence North 85 degrees 50 minutes west 1.00 feet to an iron pin; Thence North 00 degrees 10 minutes west 200 feet to a spike in the center of Township Road No. 349 aforesaid; Thence by the center of said road south 85 degrees 50 minutes east 100 feet to the place of beginning. Being Lot No. 11 on the subdivision plan of lots of the grantor as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 30, page 27. TITLE TO SAID PREMISES VESTED IN Lynda S. Lockard by Deed from Terris B. Lockard and Lynda S. Lockard, his wife, dated 6/24/2004 and recorded 7/23/2004 in Deed Book 264, Page 1527'. PREMISES BEING: 205 SOUTHSIDE DRIVE,NEWVILLE,PA 17241-8910 PARCEL NO.31-13-0112-066 PHELAN HALLINAN, LLP Attorneys for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 2014 FEB j One Penn Center Plaza j`(,; Philadelphia, PA 19103 CUiIBERLAND COUNTY Jonathan.Lobb @phelanhallinan.com PENNSY VAt��Q 215-563-7000 NATIONSTAR MORTGAGE,LLC,F/K/A CENTEX HOME COURT OF COMMON PLEAS EQUITY COMPANY,LLC Plaintiff CIVIL DIVISION V. NO.: 13-4449 CIVIL LYNDA S. LOCKARD 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: Ph Hallinan,LLP Jonathan Lobb,Esq.,Id.No.3121.74 Attorney for Plaintiff NATIONSTAR MORTGAGE,LLC,F/K/A CENTEX COURT OF COMMON PLEAS HOME EQUITY COMPANY, LLC Plaintiff CIVIL DIVISION V. NO.: 13-4449 CIVIL LYNDA S. LOCKARD . Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 NATIONSTAR MORTGAGE,LLC,F/K/A CENTEX HOME EQUITY COMPANY,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 205 SOUTHSIDE DRIVE,NEWVILLE,PA 17241-8910. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained C=_ please so indicate) -1c)3: �- -z •, M ,, . LYNDA S.LOCKARD 205 SOUTHSIDE DRIVE ` ` NEWVILLE,PA 17241-8910 2. Name and address of Defendant(s)in the judgment: < Name Address(if address cannot be reasonably p "'r ascertained,please so indicate) y>C t7? LYNDA S.LOCKARD 205 SOUTHSIDE DRIVE - NEWVILLE,PA 17241-8910 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained, please indicate) None. PH # 81.5131. 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 205 SOUTHSIDE DRIVE NEWVILLE,PA 17241-8910 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: 7, By: Ph Hallinan,LLP Jcf<athan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff PHELAN HALLINAN,LLP 1.617 JFK Boulevard, Suite 1.400 One Penn Center Plaza,Philadelphia,PA 19103 21.5-563-7000 PH# 815131 r L. Y NATIONSTAR MORTGAGE,LLC, F/K/A CENTEX HOME COURT OF COMMON PLEAS EQUITY COMPANY, LLC CIVIL DIVISION Plaintiff NO.: 13-4449 CIVIL VS. LYNDA S. LOCKARD CUMBERLAND POU Tf Defendant(s) - J co , NOTICE OF SHERIFF'S SALE OF REAL PROPERTY � � TO: LYNDA S. LOCKARD y- �{ 205 SOUTHSIDE DRIVE NEWVILLE, PA 17241-8910 v "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 205 SOUTHSIDE DRIVE,NEWVILLE, PA 17241-8910 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 1701.3 to enforce the court judgment of$51,571.15 obtained by NATIONSTAR MORTGAGE,LLC,F/K/A CENTEX HOME EQUITY COMPANY,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. a_ 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-4449 CIVIL NATIONSTAR MORTGAGE,LLC,F/K/A CENTEX HOME EQUITY COMPANY, LLC V. LYNDA S. LOCKARD owner(s) of property situate in PENN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 205 SOUTHSIDE DRIVE, NEWVILLE, PA 17241-8910 Parcel No. 31-13-0112-066 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $51,571.15 Attorneys for Plaintiff Phelan Hallinan, LLP i LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Penn Township,Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING at a spike in the center of Township Road No. 349 on the dividing line between Lots Nos. 11 and 12 on the hereinafter mentioned plan of lots; Thence by said dividing line, South 00 degrees 10 minutes East 200 feet to an iron pin; Thence North 85 degrees 50 minutes west 100 feet to an iron pin; Thence North 00 degrees 10 minutes west 200 feet to a spike in the center of Township Road No. 349 aforesaid; Thence by the center of said road south 85 degrees 50 minutes east 100 feet to the place of beginning. Being Lot No. 11 on the subdivision plan of lots of the grantor as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 30, page 27. TITLE TO SAID PREMISES VESTED IN Lynda S. Lockard by Deed from Terris B. Lockard and Lynda S. Lockard, his wife, dated 6/24/2004 and recorded 7/23/2004 in Deed Book 264, Page 1527. PREMISES BEING: 205 SOUTHSIDE DRIVE,NEWVILLE,PA 17241-8910 PARCEL NO.31-13-0112-066 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-4449 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due NATIONSTAR MORTGAGE,LLC,F/K/A CENTEX HOME EQUITY COMPANY,LLC Plaintiff(s) From LYNDA S.LOCKARD (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: $51,571.15 L.L.: $.50 Interest FROM 2/14/2014 TO DATE OF SALE($8.48 PER DIEM)-$941.28 Atty's Comm: Due Prothy: $2.25 Atty Paid: $190.31 Other Costs: Plaintiff Paid: Date:2/14/2014 David D.Buell,Prothonotary (Seal)' Deputy REQUESTING PARTY: Name: JONATHAN LOBB,ESQUIRE Address:PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for:PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.312174 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 NATIONSTAR MORTGAGE,LLC,F/K/A CENTEX HOME EQUITY COURT OF COMMON PLEAS COMPANY,LLC Plaintiff CIVIL DIVISION V. NO.: 13-4449 CIVIL LYNDA S.LOCKARD Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $51,571.15 Interest from 02/14/2014 to Date of Sale $941.28 ($8.48 per diem) TOTAL $52,512.43 Ph n Hallinan,LLP Jonathan Lobb,Esq.,Id. No.312174 Attorney for Plaintiff Note: Please attach description of property. PH#815131 CL rrt Co It err o � CD C:) LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Penn Township,Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING at a spike in the center of Township Road No. 349 on the dividing line between Lots Nos. 1.1 and 12 on the hereinafter mentioned plan of lots; Thence by said dividing line, South 00 degrees 10 minutes East 200 feet to an iron pin; Thence North 85 degrees 50 minutes west 1.00 feet to an iron pin; Thence North 00 degrees 10 minutes west 200 feet to a spike in the center of Township Road No. 349 aforesaid; Thence by the center of said road south 85 degrees 50 minutes east 100 feet to the place of beginning. Being Lot No. 11 on the subdivision plan of lots of the grantor as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 30, page 27. TITLE TO SAID PREMISES VESTED IN Lynda S. Lockard by Deed from Terris B. Lockard and Lynda S. Lockard, his wife, dated 6/24/2004 and recorded 7/23/2004 in Deed Book 264, Page 1527. PREMISES BEING: 205 SOUTHSIDE DRIVE,NEWVILLE,PA 17241-8910 PARCEL NO.31-13-0112-066 PHELAN HALLINAN, LLP Attorneys for Plaintiff Jonathan Lobb, Esq., Id. No.3121.74 ` fll' �,,tiltt�f' l�r 1617 JFK Boulevard, Suite 1400 FEV) 1 One Penn Center Plaza l Philadelphia,PA 19103 CU rBE LAND COUNT' Jonathan.Lobb @phelanhallinan.com PENNSYLVANIA 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME COURT OF COMMON PLEAS EQUITY COMPANY,LLC Plaintiff CIVIL DIVISION V. NO.: 13-4449 CIVIL LYNDA S. LOCKARD 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: 0/1 Ph Hallinan,LLP Jonathan Lobb,Esq.,Id.No.31.21.74 Attorney for Plaintiff NATIONSTAR MORTGAGE,LLC, F/K/A CENTEX COURT OF COMMON PLEAS HOME EQUITY COMPANY, LLC Plaintiff CIVIL DIVISION V. NO.: 13-4449 CIVIL LYNDA S. LOCKARD , Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 NATIONSTAR MORTGAGE,LLC,F/K/A CENTEX HOME EQUPTY COMPANY,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 205 SOUTHSIDE DRIVE,NEWVILLE,PA 17241-8910. 1. Name and address of Owner(s)or reputed Owner(s): ; Name Address(if address cannot be reasonably ascertains a �' please so indicate) LYNDA S.LOCKARD 205 SOUTHSIDE DRIVE =� NEWVILLE PA 17241-8910 , "" --f i< 2. Name and address of Defendant(s)in the judgment: C5 Name Address(if address cannot be reasonably o =t= ascertained,please so indicate) y.� .. 1rr., < LYNDA S.LOCKARD 205 SOUTHSIDE DRIVE tea. NEWVILLE,PA 17241-8910 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. PH# 81.5131 5 • 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 205 SOUTHSIDE DRIVE NEWVILLE,PA 17241-8910 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 1.7105 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: 7, By:_ J(2 -- PhorlHallinan,LLP JoKathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH# 8151,31 NATIONSTAR MORTGAGE,LLC, F/K/A CENTEX HOME COURT OF COMMON PLEAS EQUITY COMPANY, LLC CIVIL DIVISION Plaintiff NO.: 13-4449 CIVIL VS. LYNDA S. LOCKARD CUMBERLAND�COU TV-. Defendant(s) du m NOTICE OF SHERIFF'S SALE OF REAL PROPERTY (11i� CD- c TO: LYNDA S. LOCKARD p c-9 :r- 205 SOUTHSIDE DRIVE NEWVILLE, PA 17241-8910 DO "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 205 SOUTHSIDE DRIVE,NEWVILLE,PA 17241-8910 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$51,571.15 obtained by NATIONSTAR MORTGAGE,LLC,F/K/A CENTEX HOME EQUITY COMPANY,LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (71.7) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-4449 CIVIL NATIONSTAR MORTGAGE,LLC, F/K/A CENTEX HOME EQUITY COMPANY,LLC V. LYNDA S.LOCKARD owner(s) of property situate in PENN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 205 SOUTHSIDE DRIVE, NEWVILLE, PA 17241-8910 Parcel No. 31-13-0112-066 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $51,571.15 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Penn Township,Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING at a spike in the center of Township Road No. 349 on the dividing line between Lots Nos. 1.1. and 12 on the hereinafter mentioned plan of lots; Thence by said dividing line, South 00 degrees 10 minutes East 200 feet to an iron pin; Thence North 85 degrees 50 minutes west 100 feet to an iron pin; Thence North 00 degrees 1.0 minutes west 200 feet to a spike in the center of Township Road No. 349 aforesaid; Thence by the center of said road south 85 degrees 50 minutes east 100 feet to the place of beginning. Being Lot No. 1.1. on the subdivision plan of lots of the grantor as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 30, page 27. TITLE TO SAID PREMISES VESTED IN Lynda S. Lockard by Deed from Terris B. Lockard and Lynda S. Lockard, his wife, dated 6/24/2004 and recorded 7/23/2004 in Deed Book 264, Page 1527. PREMISES BEING: 205 SOUTHSIDE DRIVE,NEWVILLE,PA 17241-8910 PARCEL NO.31-13-0112-066 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-4449 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONSTAR MORTGAGE,LLC,F/K/A CENTEX HOME EQUITY COMPANY,LLC Plaintiff(s) From LYNDA S.LOCKARD (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 GARNISHEES)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: $51,571.15 L.L.: $.50 Interest FROM 2/14/2014 TO DATE OF SALE($8.48 PER DIEM)-$941.28 Atty's Comm: Due Prothy: $2.25 Atty Paid: $190.31 Other Costs: Plaintiff Paid: Date:2/14/2014 David D. Buell,Prothonotary (Seal)" . Deputy REQUESTING PARTY: Name: JONATHAN LOBB,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.312174 7n p tz m oil rDy CD r b I � > m CL z y r x 0 N r lr— Cn �� ►� lTl � C" co ►C cn Ydn b Q a Ada vC-D Z00 cr c (D r r < n Phelan Hallinan, LLP - - Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza �'L Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A • Court of Common Pleas CENTEX HOME EQUITY COMPANY, LLC • Plaintiff • Civil Division v. • CUMBERLAND County LYNDA S. LOCKARD • No.: 13-4449 CIVIL Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff,by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on July 29, 2013. 2. Judgment was entered on February 14, 2014 in the amount of$51,571.15. 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 June 4, 2014. 815131 • 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $49,930.40 Interest Through February 25, 2014 $5,604.27 Legal fees $2,500.00 Cost of Suit and Title $290.31 Property Inspections $133.20 Appraisal/Brokers Price Opinion $90.00 Escrow Deficit $1,738.27 Suspense Balance ($626.65) TOTAL $59,659.80 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiffs 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 April 30, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2),Plaintiff avers that Judge Kevin A. Hess entered an order granting Plaintiffs Motion to Lift Conciliation Stay dated December 17, 2013. 815131 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: Y/3 o/f ( By: 4III � ona an . Etkowicz, Esquire A ORNEY FOR PLAINTIFF 815131 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A : Court of Common Pleas • CENTEX HOME EQUITY COMPANY, LLC Plaintiff : Civil Division v. • CUMBERLAND County LYNDA S. LOCKARD • No.: 13-4449 CIVIL Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE LYNDA S. LOCKARD 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 205 SOUTHSIDE DRIVE, NEWVILLE, PA 17241-8910. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 815131 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. 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 815131 • Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 815131 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 815131 • VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 815131 • 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. 815131 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 815131 • part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiffs Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phel.• ,alli an, LLP DATE: 30 t By: ∎d L. Inath. ". Etkowicz, Esquire A torn,y for Plaintiff 815131 • • Exhibit "A" • • ti �� FFIC OF TI P RO THONO TAi 1r PHELAN HALLINAN,L AM f 1*�tt I 4 Attorney for Plaintiff Jonathan Lobb,Esq., Id.No.3 7 1 !t �g 1617 JFK Boulevard, SuiteCUMERLAND COUNTY • One Penn Center Plaza PENNSYLVANIA . Philadelphia,PA 19103 Jonathan.Lobb @phelanhallinan.com - 215-563-7000 NATIONSTAR MORTGAGE,LLC, : CUMBERLAND COUNTY F/K/A CENTEX HOME EQUITY . COMPANY,LLC : COURT OF COMMON PLEAS vs. : CIVIL DIVISION LYNDA S. LOCKAIATTORNEY FILE COPY 13-4449 CIVIL PLEASE RETURN ' PRAECIPE FOR IN REM JUDGMENT FOR FAILURE.TO • - ANSWER AND ASSESSMENT OF DAMAGES - . - • TO THE PROTHONOTARY:' - . • Kindly enter judgment' 1 , : • I'� t LYNDA S.LOCKARD, - . -Defendant(s)for failure to filT�..!l Sy • Vim : • nt within 20 days from service thereof and for foreclosure and sai •• ' : • :. • •:� and assess plaintiff's damages as 'follows: As set forth in Complaint $51,571.15 TOTAL $51,571.15 . • I hereby certify that(1)the Def t. , ,.• 'PI c t)!" I I ' r.—P,DRIVE, . NEWVILLE,PA 17241-8910, and (7)� "•- > cordance with Rule Pa.R.C.P 737.1. PLEA Date 2./!2 //t/ Jo an Lobb,Esq., Id.No.312174 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 01 N I y f -,.F. A • PH#815131 PROTHONOTARY 815131 • • Exhibit "B" 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 April 21,2014 LYNDA S. LOCKARD 205 SOUTHSIDE DRIVE NEWVILLE,PA 17241-8910 RE: NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC v. LYNDA S. LOCKARD Premises Address: 205 SOUTHSIDE DRIVE NEWVILLE, PA 17241 CUMBERLAND County CCP,No. 13-4449 CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order.In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days,by 4/26/2014. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Ve ,tt ily ,'ours. to Jo iatha i 1 1. -;tkov- icc.Esq., Id. No.208786 At arnc ?for Plaintiff Foe us Fre 815131 M' .4#' Wr r „:,,'..t'IOZ I.Z: ktdVt6t19E1OZ0 .4., az°"` `-%' oo ~ a6 Et,00 $ £O16t diZ ,,,, 0 63MOa A3NL3d 117 bi.SOd S'a . * . . ,, <, / I e m!IV o0 00 • e d `aJ Via` . to al 1 `3571 E • g 1.E 14' 17 1141 :I sigl ' M O O 4i 288 es 3ihi.I fl! g ii 14i C ° 6l x a O E 4 G 4a Z Ii `ter^ O W £ o s„ a. '> a m c0• 0• 0 O . ; G7CAD Al ,,7 a3 O. — vii 434 ,, c o o 410O `�' W •C 6 ' On < viE- '-2 0 °t C ^(ia 4) LO � � E7 Z > N „ _ E Z V� �... a.. `- 0a Za (cD 14-4ZCG �4 L {1J cis # 3 I d it c b v t C� 00 4J L tri CN Z..7 E 'CJ 0 47 Q t. 0 -04.. C N b z < o :-3 I-Is. w Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A : Court of Common Pleas CENTEX HOME EQUITY COMPANY, LLC . Plaintiff • Civil Division • v. • CUMBERLAND County • LYNDA S. LOCKARD • No.: 13-4449 CIVIL • Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. LYNDA S. LOCKARD 205 SOUTHSIDE DRIVE NEWVILLE, PA 17241-8910 Phelan .Ilina-, LLP DATE: "� / 30/tut 0 tut By: L Jo M. Etkowicz, Esquire AT . • '' EY FOR PLAINTIFF 815131 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NATIONSTAR MORTGAGE, LLC, F/K/A Court of Common Pleas CENTEX HOME EQUITY COMPANY, LLC Plaintiff Civil Division v. CUMBERLAND County LYNDA S. LOCKARD No.: 13-4449 CIVIL Defendant RULE AND NOW, this a." day of "law 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. 815131 r<ac--ian M. Etkowicz, Esq., ld. No.208786 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 S. LOCKARD 205 SOUTHSIDE DRIVE NEWVILLE, PA 17241-8910 Qo tscL, gx/ 4 * 815131 AFFIDAVIT OF SERVICE PLAINTIFF NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC DEFENDANT LYNDA S. LOCKARD SERVE LYNDA S. LOCKARD AT: 205 SOUTHSIDE DRIVE NEWVILLE, PA 17241-8910 CUMBERLAND COUNTY PH # 815131 SERVICE TEAM/ lxh COURT NO.: 13-4449 CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 SERVED Served and made known to LYNDA S. LOCKARD, Defendant on the f Q day of 4PRI L 11.: IS, o'clock . M., at 20$ Sotrn+sme- ba, Newviu.F, PA , in the manner described below: ✓Defendant p rsonally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age 6;6 Height 5 " Weight (3 s Race 14 Sex Other c t-r)— cr cp • I, Ronald Moll , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 4 NAME: PRINTED NAME: Ronald Moll TITLE: Process Server NOT SERVED On the dayof 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 21 13 Phelan Hallinan, LLP ' ; Adam H. Davis, Esq., Id. No.203034 2014. ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 ° e I h"i=, jn: 3 One Penn Center Plaza CUf t BERL A ND Philadelphia, PA 19103 PENNSYLVANIA' ' Adam.Davis@PhelanHallinan.com 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff Court of Common Pleas Civil Division vs. CUMBERLAND County LYNDA S. LOCKARD No.: 13-4449 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 2, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. LYNDA S. LOCKARD 205 SOUTHSIDE DRIVE NEWVILLE, PA 17241-8910 //�{ Phelan Hallinan, LLP DATE: 6/ 7/ ` ( By: .riC Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 815131 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 `ATTORNEY FOR PLAINTIFF rF Pati PENNS YLVA IA NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff vs. LYNDA S. LOCKARD Court of Common Pleas Civil Division CUMBERLAND County No.: 13-4449 CIVIL Defendant MOTION TO MAKE RULE ABSOLUTE NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, 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 May 1, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about May 2, 2014 directing the Defendant to show cause by May 22, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on May 9, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 22, 2014. 815131 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: J /2- oi/i-/ By: Phelan Ha' ian, LLP Justin F. obes ., Esq., Id. No.200392 Attor -- - y for aintiff 815131 Exhibit "A" 815131 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff v. LYNDA S. LOCKARD Defendant • Court of Common Pleas Civil Division CUMBERLAND County No.: 13-4449 CIVIL RULE AND NOW, this 07Axi___ day of 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT -n rn- rn CD -4 C.) - 815131 Jonathan M. Etkowicz, Esq., Id. No.208786 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 LYNDA S. LOCKARD 205 SOUTHSIDE DRIVE NEWVILLE, PA 17241-8910 815131 815131 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff vs. LYNDA S. LOCKARD • • ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-4449 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 2, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated belo LYNDA S. LOCKARD 205 SOUTHSIDE DRIVE NEWVILLE, PA 17241-8910 DATE: 71( By: Phelan Hallinan, LLP 815131 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. CUMBERLAND County LYNDA S. LOCKARD No.: 13-4449 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. LYNDA S. LOCKARD 205 SOUTHSIDE DRIVE NEWVILLE, PA 17241-8910 DATE: s/zgli� By: Justin F. Attorne.f'or Plaintiff Phelan Hallam . n, LLP eski, Esq., Id. No.200392 815131 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC c Plaintiff Civil Division -c)W zm vs. CUMBERLAND Cat)&fy r Y LYNDA S. LOCKARD No.: 13-4449 CIVIL> tom, Court of Common Pleas Defendant ORDER AND NOW, this 7 day of , 2014, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiffs 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 Interest Through February 25, 2014 Legal fees Cost of Suit and Title Property Inspections Appraisal/Brokers Price Opinion Escrow Deficit Suspense/Misc. Credits $49,930.40 $5,604.27 $2,500.00 $290.31 $133.20 $90.00 $1,738.27 ($626.65) TOTAL $59,659.80 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. J . BLEs k L1 keekcL 815131. 10/4 JUN,26 All ja PftNs YHV NIA C VA NIA Y PHELAN HALLINAN, LLP Attorney for Plaintiff Lauren R. Tabas, Esq., Id. No.93337 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 191.03 Lauren.Tabas@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NATIONSTAR MORTGAGE,LLC,F/K/A CENTEX HOME EQUITY COMPANY,LLC Plaintiff, V. CIVIL DIVISION LYNDA S. LOCKARD No.: 13-4449 CIVIL Defendant(s) NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 06/04/2014 at 10:00 AM in the above-captioned matter has been continued until 09/03/2014 at 10:00 AM. Date: L ren R. Tabas, Esq., Id. No.93337 Attorney for Plaintiff PH#8I5I3I THE PR Dl y JUS6 . Th CB 26 Of U PO&S��D cou, VA NIA PHELAN HALLINAN, LLP Attorney for Plaintiff Lauren R. Tabas, Esq., Id. No.93337 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Lauren.Tabas@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NATIONSTAR MORTGAGE,LLC,F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff, V. CIVIL DIVISION LYNDA S. LOCKARD No.: 13-4449 CIVIL Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: LYNDA S. LOCKARD 205 SOUTHSIDE DRIVE NEWVILLE, PA 17241-8910 Date: qjiL�' ja R. Tabas, Esq., Id. No.93337 Attorney for Plaintiff PH#815131 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza • Philadelphia, PA 19103 j onathan.etkowicz@phel anhal linan. 215-563-7000 OF l LEj -PF r.i ter t NE PRO THONO TAW .1.6WiggIL 1 Q AN 0. ATTORNEY FOR PLAINTIFF e0HOERL corn NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff v. LYNDA S. LOCKARD Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 13-4449 CIVIL 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 July 29, 2013. 2. Judgment was entered on February 14, 2014 in the amount of $51,571.15. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated June 3, 2014, amending the judgment amount to $59,659.80. A true and correct copy of the Order is attached hereto, made part hereof,'and marked as Exhibit "B". 4. 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. 815131 5. The Property is listed for Sheriffs Sale on September 3, 2014. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through June 12, 2014 Legal fees Cost of Suit and Title Property Inspections Appraisal/Brokers Price Opinion Extension Fees Escrow Deficit $49,930.40 $6,996.23 $2,925.00 $296.69 $196.50 $215.00 $1,648.36 $2,087.69 TOTAL $64,295.87 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief 10. In accordance with Cumberland County Local Rule 208.3 (9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 9, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "C". 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order granting Plaintiffs Motion to Reassess Damages dated June 3, 2014. 815131 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: B Phelan Hallinan, LLP 3 . Etkowicz, Esquire EY FOR PLAINTIFF 815131 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 ATTORNEY FOR PLAINTIFF NATIONSTAR MORTGAGE, LLC, F/K/A Court of Common Pleas CENTEX HOME EQUITY COMPANY, LLC Plaintiff Civil Division v. CUMBERLAND County LYNDA S. LOCKARD No.: 13-4449 CIVIL Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE LYNDA S. LOCKARD 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 205 SOUTHSIDE DRIVE, NEWVILLE, PA 17241-8910. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 815131 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. 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 815131 2 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 815131 3 Discount Company v. Babuscio. 257 Pa. Super 101, 109:390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending 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. 815131 4 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1. Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Feiner, 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). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 815131 5 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriffs sale. 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. 815131 6 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 815131 7 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. DATE: By: Phelan Hallinan, LLP J•nath. M. Etkowicz, Esquire ey for Plaintiff 8 815131 815131 W EO - OF THE LP OTHONOTAn 1. • PHELAN HALLINAN, Lr Jonathan Lobb, Esq., Id. No ll 1i4 1 4 MM 14: 19 1617 JFK Boulevard, SuitCjERLANO COUNTY One Penn Center Plaza PENNSYLVANIA • Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION LYNDA S. LOCKAMTORNEY FILE COP0Y13-4449 CIVIL PLEASE RETURN PRAECIPE FOR IN REM JUDGMENT FOR FAILURE•TO ANSWER AND ASSESSMENT OF DAMAGES • TO THE PROTHONOTARY: Kindly enter judgment ' rz •Defendant(s) for failure to fi1 thereof and for foreclosure and sal follows: • As set forth in Complaint • TOTAL I hereby certify that (1) the Def NEWVILLE, PA 17241-R9Flexr}, cordance with Rule !11 I ^ W • .1.1— t LYNDA S. LOCKARD, .:� I aint within 20 days from, service A .41es :e1. `:: 4 • : 'At ses, and assess' Plaintiff's damages as $51,571.15 $51,571.15 LiRWE, Pa.R.C.P 737.1. PLEA Date / 2 //� Jo an Lobb, Esq., Id. No.312174 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: a N 1I PH #815131 .7) 60 $ J+. G „•t. P _ .� ,rte Pff0'tHONOTARY 815131 Exhibit "B" 815131. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC, F/KJA Court of Common Pleas CENTEX HOME EQUITY COMPANY, LLC Plaintiff : Civil Division.--:- = -0- vs. . CUMBERLAND' 'VIDA - rii..1: .P•--tr-, LYNDA S. LOCKARD No.': 1-444CIV.. > r) M Defendant zt..7., •••• ORDER AND NOW, this 31ct day of.--A4-4-)e— , 20]4, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ num pro tune as follows: Principal Balance Interest Through February 25, 2014 Legal fees Cost of Suit and Title Property Inspections Appraisal/Brokers Price Opinion Escrow Deficit Suspense/Misc. Credits $49,930.40 $5,604.27 $2,500.00 $290.31 $133.20 $90.00 $1,738.27 ($626.65) TOTAL $59,659.80 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: 0/(51,Zettle-i2 815131 Exhibit "C" 815131 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAXII: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania July 1,2014 LYNDA S. LOCKARD 205 SOUTHSIDE DRIVE NEWVILLE, PA 17241-8910 RE: NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC v. LYNDA S. LOCKARD Premises Address: 205 SOUTHSIDE DRIVE NEWVILLE, PA 17241 CUMBERLAND County CCP, No. 13-4449 CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 7/7/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. AkoW Esq., Id. No.208786 for Plaintiff 1 815131 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. CUMBERLAND County LYNDA S. LOCKARD No.: 13-4449 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. LYNDA S. LOCKARD 205 SOUTHSIDE DRIVE NEWVILLE, PA 17241-8910 DATE: By: Phelan Hallinan, LLP Jo , ath. M. Etkowicz, Esquire A T G ' EY FOR PLAINTIFF 815131 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NATIONSTAR MORTGAGE, LLC, F/K/A Court of Common Pleas CENTEX HOME EQUITY COMPANY, LLC Plaintiff Civil Division v. CUMBERLAND County LYNDA S. LOCKARD No.: 13-4449 CIVIL Defendant AND NOW, this / / ' day of RULE 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. 815131 %than M. Etkowicz, Esq., Id. No.208786 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FA : (215) 563-3459 LYNDA S. LOCKARD 205 SOUTHSIDE DRIVE NEWVILLE, PA 17241-8910 7/iy/its 815131 815131 .t Phelan Hallinan, LLP f t -a THE L PRO THOaNO iAti r Jonathan M. Etkowicz, Esq., Id. No. QM 7AL. ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 �' One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA jonathan.etkowicz@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff Court of Common Pleas Civil Division vs. CUMBERLAND County LYNDA S. LOCKARD No.: 13-4449 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 14, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. LYNDA S. LOCKARD 205 SOUTHSIDE DRIVE NEWVILLE, PA 17241-8910 DATE: Phel , n Ha i , LLP By: Jona an . Etkowicz, Esq., Id. No.208786 A ornev or Plaintiff 815131 Phelan Hallinan, LLP '` ' `''1 ' ' $4`�� '`'' Jonathan M. Etkowicz, Esq., Id. No.20878S Apr _7 jT` QRNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza '':.,"I E E R L I D C 0 li Philadelphia, PA 19103 PENNSYLVANIA jonathan.etkowicz@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A • Court of Common Pleas CENTEX HOME EQUITY COMPANY, LLC Plaintiff • Civil Division vs. • CUMBERLAND County LYNDA S. LOCKARD • No.: 13-4449 CIVIL • Defendant MOTION TO MAKE RULE ABSOLUTE NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, 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 July 10, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about July 14, 2014 directing the Defendant to show cause by August 3, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on July 30, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 3, 2014. 815131 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Phel. - • li .n, LLP DATE: /64y By: ' Jo .tha . Etkowicz, Esq., Id.No.208786 Att I y for Plaintiff 815131 3 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NATIONSTAR MORTGAGE, LLC, F/K/A • Court of Common Pleas CENTEX HOME EQUITY COMPANY, LLC Plaintiff • Civil Division v. • CUMBERLAND County LYNDA S. LOCKARD No.: 13-4449 CIVIL Defendant RULE AND NOW,this day of 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages, Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 815131 Exhibit "B" Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 NATION STAR MORTGAGE, LLC, F/K/A Court of Common Pleas CENTEX HOME EQUITY COMPANY, LLC • Plaintiff Civil Division vs. : CUMBERLAND County • LYNDA S. LOCKARD No.: 13-4449 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 14, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. LYNDA S. LOCKARD 205 SOUTHSIDE DRIVE NEWVILLE,PA 17241-8910 ff Phel n Ha.i .•_ ', LLP DATE: 50 By: t Jon• an Etkowicz, Esq.,Id.No.208786 At •rne or Plaintiff 815131 • Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A : Court of Common Pleas CENTEX HOME EQUITY COMPANY, LLC . Plaintiff : Civil Division • vs. : CUMBERLAND County • LYNDA S. LOCKARD : No.: 13-4449 CIVIL • Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. LYNDA S. LOCKARD 205 SOUTHSIDE DRIVE NEWVILLE, PA 17241-8910 F7671q) Phe an H. li•-'n,/ LP DATE: By: , Jonatc. Etkowicz, Esq., Id. No.208786 Atto r Plaintiff 815131 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff Court of Common Pleas Civil Division ^.a r7 vs. CUMBERLAND Co. _i rri rz3 :z rrl LYNDA S. LOCKARD No.: 13-4449 CIVIL �? .-< > ry c� Defendant , c c ; o ��-, c -i - G7 —i r ,r AND NOW, this %L day of /,vf,, ee , 2014, upon consideration of Plaintiff's ORDER Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captioned 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 Interest Through June 12, 2014 Legal fees Cost of Suit and Title Property Inspections Appraisal/Brokers Price Opinion Servicer Fees Escrow Deficit $49,930.40 $6,996.23 $2,925.00 $296.69 $196.50 $215.00 $1,648.36 $2,087.69 TOTAL $64,295.87 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. C4=v3 1'Es Mgt Lk., v. akt icZ �. Lek. //.)7/J 5' r)) 815131 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq. 1617 JFK Boulevard, Suite One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 v tit4. PROlfHONO AIH , Id. No.20878 14 AUG _7 Am .eTORNEY FOR PLAINTIFF 1400 CUMBERLAND COUNTY PENNSYLVANIA NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff vs. LYNDA S. LOCKARD Court of Common Pleas Civil Division CUMBERLAND County No.: 13-4449 CIVIL Defendant MOTION TO MAKE RULE ABSOLUTE NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, 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 July 10, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about July 14, 2014 directing the Defendant to show cause by August 3, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on July 30, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 3, 2014. 815131 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: G/67Y By: Phel . • ' 1. : n, LLP Jo . Etkowicz, Esq., Id. No.208786 Att y for Plaintiff 3 815131 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff V. LYNDA S. LOCKARD Defendant AND NOW, this day of RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 13-4449 CIVIL 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to 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 815131 Exhibit "B" Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. CUMBERLAND County LYNDA S. LOCKARD No.: 13-4449 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 14, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. LYNDA S. LOCKARD 205 SOUTHSIDE DRIVE NEWVILLE, PA 17241-8910 DATE: By: Jon' At Phel an I II . inai*, LLP Etkowicz, Esq., Id. No.208786 or. Plaintiff 815131 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. CUMBERLAND County LYNDA S. LOCKARD No.: 13-4449 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. LYNDA S. LOCKARD 205 SOUTHSIDE DRIVE NEWVILLE, PA 17241-8910 DATE: By: Jonat Atto Phe LP Etkowicz, Esq., Id. No.208786 r Plaintiff 815131 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE piiOTHON'01 10AAUG 27 A l0: 02 U'Ffh'r AND COUNTNIA NrY Attorney For Plaintiff NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff v. LYNDA S. LOCKARD Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13-4449 CIVIL PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR CENTEX HOME EQUITY LOAN TRUST 2005-D as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR CENTEX HOME EQUITY LOAN TRUST 2005-D is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment has been executed and sent for recording in CUMBERLAND County on or about 06/13/2014. Kindly amend the information on the docket accordingly. Date: 5/24/V By: Kenya Bate , Esq., Id. No.203664 Attorney for Plaintiff PH # 815131 otsivA4o.sopci CI�+�ytis9as g.14-3inoip Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff v. LYNDA S. LOCKARD Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13-4449 CIVIL PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF TO THE PROTHONOTARY: Please mark the judgment in the above -captioned matter to the use of THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR CEN 1'EX HOME EQUITY LOAN TRUST 2005-D, located 101. Barclay Street, FL 4 W, New York, NY 10286 Date: PH # 815131 PHELAN HALLINAN, LLP By: Kenya Bate`§, Esq., Id. No.203664 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff v. LYNDA S. LOCKARD Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13-4449 CIVIL ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR CENTEX HOME EQUITY LOAN TRUST 2005-D. Date: 026// PH # 815131 PHELAN HALLINAN, LLP By: Kenya Ba(s, Esq., Id. No.203664 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff v. LYNDA S. LOCKARD Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13-4449 CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe to Mark Judgment to THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR CENTEX HOME EQUITY LOAN TRUST 2005-D, Substitution of Party Plaintiff and Entry of Appearance were served by regular mail on the person(s) on the date listed below: LYNDA S. LOCKARD 205 SOUTHSIDE DRIVE NEWVILLE, PA 17241-8910 Date: PHELAN HALLINAN, LLP By: Kenya Ba s, Esq., Id. No.203664 Attorney for Plaintiff Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY '. DEC 3 I P14 CUMBERLAND COUN.FY PENNSYLVANIA Nationstar Mortgage, LLC vs. Lynda S Lockard Case Number 2013-4449 SHERIFF'S RETURN OF SERVICE 03/24/2014 11:50 AM - Deputy William Cline, 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 205 Southside Drive, Penn - Township, Newville, PA 17241, Cumberland County. 05/05/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Lynda S. Lockard, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 205 South Side Drive, Newville, PA 17241, defendant could not be located at address stated prior to expiration date, 11 service attempts were made prior to 5/2/14, per post office, mail is delivered there. cab. 06/04/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/3/2014 09/03/2014 Ronnie Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on Wednesday, September, 3, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of The Bank of New York Mellon, F/K/A The Bank of New York, Successor to JPMorgan Chase Bank, N.A., As Trustee for Centex Home Equity Loan Trust 2005-D, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $846.52 SO ANSWERS, November 17, 2014 RONNY R ANDERSON, SHERIFF c) C;oun`ySulte erit`,'ieleo -ot. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-4449 Civil COUNTY OF CUMBERLAND) CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff (s) From LYNDA S. LOCKARD (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 gamishee(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: $51,571.15 L.L.: 5.50 Interest FROM 2/14/2014 TO DATE OF SALE ($8.48 PER DIEM) - $941.28 Atty's Comm: Due Frothy: 52.25 Atty Paid: $190.31 Plaintiff Paid: Date: 2/14/20.14 (Seal) REQUESTING PARTY: Name: JONATHAN..LOBB, ESQUIRE. Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 312174 Other Costs: David D. B e11, Prothonotary Deputy TRUE COPY'FF;OI'sri RECORD • In Test;mony ,whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This __j_V__day of 6 ` Ptolhonotary lu LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2013-4449 Civil Term Nationstar Mortgage, LLC vs. Lynda S. Lockard Atty.:. Joseph Schalk By virtue of a Writ of Execution No. 13-4449 CIVIL NATIONSTAR MORTGAGE, LLC f/k/a CENTEX HOME EQUITY COMPANY, LLC v. LYNDA S. LOCKARD owner(s) of property situate in PENN TOWNSHIP, CUMBERLAND County, Pennsylva- nia, being 205 SOUTHSIDE DRIVE, NEWVILLE, PA 17241-8910. Parcel No. 31-13-0112-066. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $51,571.15. 77 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved. May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 18, April 25 and May 2, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Coyne Editor SWORN TO AND SUBSCRIBED before me this 2 day of May, 2014 COMMONWEALTH OF PFNNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 The Patriot -News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Abe patriotNews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 2013-4449 Civil Term Nationstar Mortgage, LLC Vs Lynda S Lockard Atty: Joseph Schalk By. virtue of a Writ of Execution No. 13-4449 CIVIL NATIONSTAR MORTGAGE, LLC, FIK/A CENTEX HOME EQUITY COMPANY, LLC v. LYNDA S. LOCKARD owner(s) of property situate in PENN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 205 SOUTHSIDE DRIVE, NEWVILLE, PA 17241-8910 . Parcel No. 31-13-0112-066 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $51,571.15 This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 day of May,,2014 A.D. COMMONWEALTH OF PENNSYLVANIA Holl Notarial Seal Y Lynn Warfel, Notary Public My Washington Twp., Dauphin County MEMBER. Co mission Expires Dec. 12, 2016 CVANIR AS-nr ATON O Nl1TppFc 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 Centex Home Equity Loan Trust 2005-D, Tr is the grantee the same having been sold to said grantee on the 3rd day of September A.D., 2014, under and by virtue of a writ Execution issued on the 14th day of February, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Tenn, 2013 Number 4449, at the suit of Nationstar Mtg LLC against Lynda S Lockard is duly recorded as Instrument Number 201430359. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /'14- day of ,A.D. 070/ �f CPRecorder of Deeds t4((t) 7414 Decor j o Deeds, Cumberland County, Carlisle, PA My Co mission Expires the First Monday of Jan. 2018