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HomeMy WebLinkAbout13-5117 Supreme Court"of Pennsylvania d� COnw C$1,><11 Pieas For Prothonotary Use Only: 1l ' Conn 1. tS' Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplementor re lace the alin and .service *ofpleadings or other a ers as re wir=ed by law or rules o court. Commencement of Action: ® Complaint O Writ of Summons ❑ Petition Ei ❑ Transfer from Another Jurisdiction ❑ D eclaration of Taking C, Lead Plaintiff s Name: OCWEN LOAN SERVICING, Lead Defendant's Name: JOHN K. MCKOWN T LLC Are money damages requested? El Yes R No Dollar Amount Requested: ❑ within arbitration limits 0 (Check one ) 0 outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes 19 No Name of Plaintiff' /Appellant's Attorney: John Michael Kolesnik. Esq., Id. No.308877, Phelan Hallinan, LLP A' ❑ Check here if you have no attorney (are a Self - Represented (Pro Sel Litigant) Nature of the Place an "X" to the left of the ONE case category that most accurately describes your Case PRIMARY CASE. If you are making more than one type of claim, check the one that 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 include mass tort) ❑ Employment Dispute: S' ❑ Slander/Libel/ Defamation Discrimination E+ ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T - t MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: O Medical ❑ Other: ❑ Other Professional: Pa.R. C.P. 205.5 Updated 0110112011 r .. V l .ED OffFIC; F THIE PROTHON01 2013 AUG 30 AH I0: 11 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 OCWEN LOAN SERVICING, LLC 1100 VIRGINIA DRIVE COURT OF COMMON PLEAS P.O. BOX 8300 FORT WASHINGTON, PA 19034 CIVIL DIVISION Plaintiff TERM v. NO. JOHN K. MCKOWN RHONDA D. MCKOWN CUMBERLAND COUNTY 1214 MITCHELL DRIVE MECHANICSBURG, PA 17050 -3132 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE l� ,ti�� ►�3 �s P� C1 71 F ile #: 318257 �� �� "l 1. Plaintiff is OCWEN LOAN SERVICING, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: JOHN K. MCKOWN RHONDA D. MCKOWN 1214 MITCHELL DRIVE MECHANICSBURG, PA 17050 -3132 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/19/2009 JOHN K. MCKOWN and RHONDA D. MCKOWN made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS NOMINEE FOR FAIRWAY INDEPENDENT MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200940377. By Assignment of Mortgage recorded 01/24/2013 the mortgage was assigned to GMAC MORTGAGE LLC , which Assignment is recorded in Assignment of Mortgage Instrument No. 201302640 The Assignment of Mortgage to PLAINTIFF is in the process of being recorded. 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 10/01/2012 and each month thereafter are due and unpaid, and by the terms File N: 318257 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. & The following amounts are due on the mortgage as of 03/06/2013: Principal Balance $183,737.26 Interest $3,539.47 09/01/2012 to 03/06/2013 Late Charges $240.03 Property Inspections $108.25 Escrow Deficit $917.09 Subtotal $188,542.10 Suspense Credit 145.50 TOTAL $188,396.60 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 #: 318257 9. This action does not come under Act 91 of 1983 because the mortgage is FHA insured. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $188,396.60, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP By: Jo Lc ael Kolesnik, Esq., Id. No.308877 ey for Plaintiff File #: 318257 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit BEGINNING at a point on the North side of Mitchell Drive which point is at the division line of Lots Nos. 22 and 23 on the hereinafter mentioned Plan of Lots; thence North 7 degrees 13 minutes 30 seconds West along said division line a distance of one hundred and ten (110) feet to a point at the division line of Lot Nos. 6 and 22; thence North 82 degrees 46 minutes 30 seconds East along said division line and beyond a distance of seventy (70) feet to a point at the division line of Lots Nos. 21 and 22; thence South 7 degrees 13 minutes 30 seconds East along said division line a distance of one hundred and ten (I 10) feet to a point on the Northern side of Mitchell Drive; thence South 82 degrees 46 minutes 30 seconds West along aforementioned Mitchell Drive a distance of seventy (70) feet to a point, the place of BEGINNING. IT BEING Lot No. 22 on Section No.I Valley Stream Estates, which plan is recorded in and for the County of Cumberland in Plan Book 13, page 6. HAVING THEREON ERECTED a single family dwelling known and numbered as 1214 Mitchell Drive, Mechanicsburg, Pa. 17055. UNDER AND SUBJECT to all conditions, restrictions and easements of record. TAX MAP NO. 19 -23 -0569 -024 Pile N: 318257 BEING the same premises which Robert Lester Fry and Kathryn E. Fry, husband and wife, by deed dated June 15, 2007 and recorded June 20, 2007 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 280 page 2715 granted and conveyed unto John K. McKown and Rhonda D. McKown, husband and wife. PROPERTY ADDRESS: 1214 MITCHELL DRIVE, MECHANICSBURG, PA 17050 -3132 PARCEL # 19 -23 -0569 -024 Filc #: 318257 VERIFICATION I,. Katelyn'*McCaaley hereby state that I am Authorized Signer of OCWEN LOAN SERVICING, LLC, mortgage servicing agent for Plaintiff in this matter. The Plaintiff has delegated the mortgage servicing responsibility to OCWEN LOAN SERVICING, LLC for the mortgage loan which is the subject of this action. Plaintiff lacks sufficient information to make this verification because Plaintiff is not the entity which maintains the business records for the mortgage. OCWEN LOAN SERVICING, LLC is in possession and control of all documents and records supporting the statements in the foregoing complaint and therefore the - servicer, rather than the Plaintiff, is the appropriate entity to make this verification. I have reviewed the business records relating to this account, and am authorized to make this verification. I hereby verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: a e: Xatel cCaulay Title: Authorized Signer, OCWEN LOAN SERVICING, LLC File #: 318257 Name: MCKOWN File #: 277427 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 Fite #: 318257 FORM 1 IN THE COURT OF COMMON PLEA$ OCWEN LOAN SERVICING, LLC OF CUMBERLAND COUNTY, PENNSY NIi1r -� Plaintiff(s) try C 'r'' vs. cW ' �.� JOHN K. MCKOWN f y, cn RHONDA D. MCKOWN Z+a c Defendant(s) J 7 ivil ,y NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible 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 submitte S' Zy Date ohm Michael Kolesnik, Esq., Id. No.308877 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 EJ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: —Zip: t 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 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. Gross Montlily 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 Mort a e Food 2 nd Mort a e Utilities Car Pa ment s Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop-payment Install. Loan Pa ment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. Other Ex enses 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 lend'er's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: UWe, 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. UWe understand that Uwe am /are under no obligation to use the counseling services provided by the above named _ Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff at�iyxv of L:�t�rfbr�.��r' Jody S Smith Chief Deputy [ Richard W Stewart Solicitor ��' �v OFF 4E OF TH'i«:„!-:EFIFF Ocwen Loan Servicing, LLC vs. Case Number John Kevin McKown (et al.) 2013-5117 SHERIFF'S RETURN OF SERVICE 09/17/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Rhonda McKown, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 1214 Mitchell Drive, Mechanicsburg Borough, Mechanicsburg, PA 17050. Per ex-husband defendant does not reside at this address but lives in West Virginia. 09/17/2013 06:20 PM- Deputy Ryan Burgett, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit:John Kevin McKown at 1214 Mitchell Drive, Mechanicsburg Borough, Mechanicsburg, PA 17050. RYAN BURGETT, D 09/19/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Rhonda McKown, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served"at 590 E. Main Street, Sutton, WV 26601. Per USPS.com"The address you provided is not recognized by the US Postal Service as an address we serve. Mail sent to this address may be returned." 09/20/2013 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named defendant, Rhonda McKown, in the following manner: On September 20, 2013 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure to the defendant's last known address of 590 W. Main Street, Sutton, West Virginia 22601.The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by Rhonda McKown on 09-27-13. NOTE: Mail was forwarded to 71 Summit Center Circle, Sutton,WV 26601. SHERIFF COST: $61.81 SO ANSWERS, October 01, 2013 RbNW R ANDERSON, SHERIFF tc)CountySuite Sheriff,Teleosoft,Inc. WWI ■ 00mpte2e!Cams 1,2,and 8.Also c ornpkate Item 4 H Res ftW DQvaty is clerked. ■ Print you rams and address on the reverse C . � Addressee so that we can return the card to you. by( C.9de of Delivery ■ Attach this car to the back of the ma�lipkjce, :171C,c 3 or on the!Lo ,space permits. D. Is delivery d rietent from Ham I? 1. Article Add to: If YES,enter delivery below. '71 5u� f"tP,;>4� Rhonda McKown 590 W. Main Street Sutton,WVA 22601 a servton" O Cermw Mail Cl Express Mail O RgMmW D Return Receipt for Mer charrdise O inured Mali ❑C.O.D. 4. Restricted Delivery?Pft Fee) ❑Yes 2. ArWe Number - �nrrr 7007 0710 0003 22-10 3672-- Fit Fbhh 38 1; i iri Receipt fa¢ a¢tic rsao N cn � ovg� „ a - i9 . wz o a $ m CO CL) (D 3 p 2 n., v, O 3 go COD g 30mQ- � $ • I b -a C3 �. C3 SD M 0130 "�� :A I C !fit t ` - W f , r" m !- n ❑❑❑ r • ru 0 �' 13❑ �,0 A AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY OCWEN LOAN SERVICING,LLC PH#812015 - DEFENDANT SERVICE TEAM/bsp JOHN K.MCKOWN COURT NO.: 13-5117-CIVIL RHONDA D.MCKOWN SERVE RHONDA D.MCKOWN AT: TYPE OF ACTION 71 SUMMIT CENTER CIR XX Mortgage Foreclosure SUTTON,WV 26601-6380 XX Civil Action SERVED 57 , ( Served and made own to RHONDA D.MCKOWN,DDfendant on the I day of N" ,20 3,at (D 100,o'clock i M.,at 7 1 5.4 meh If C(fl4 , L,/ ,in the manner described below: l�Defendant personally served. 7— -,,,v• _Adult family member with whom Defendant(s)reside(s). In Relationship is . = - r; Adc;lt in charge of Defendant's residence who refused to give name or relationship. U> - ,..., _Manager/Clerk of place of lodging in which Defendant(s)reside(s). _,�? r" Agent or person in charge of Defendant's office or usual place of business. ........... �'" an officer of said Defendant's company. 'C) m' _Other: C .) ` ', Description: Age Height Weight Race Sex Other ---k - --.." . J W1,oS5 I, Jr Ain WI , a competent adult,being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day —& LO.i., ..l_ of ,20 . Notary: B y: NOT SERVED On the day of ,20_,at o'clock .M.,I, ,a competent adult hereby state that Defendant NOT FOUND because: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on at ,• at — Service Refused Other: Sw. to and : bscribed (� y be':,e m t 120 7day B 2j14/ �' ATTORNEY FOR PLAINTIFF Chrisovalante P.Fliakos,Esq.,Id.No.94620 Lawrence T.Phelan,Esq.,Id.No.32227 Courtenay R.Dunn,Esq.,Id.No.206779 Francis S.Hallinan,Esq.,Id.No.62695 Allison F.Zuckerman,Esq.,Id.No.309519 Daniel G.Schmieg,Esq.,Id.No.62205 Melissa J.Cantwell,Esq.,Id.No.308912 Michele M.Bradford,Esq.,Id.No.69849 Mario J.Hanyon,Esq.,Id.No.203993 Judith T.Romano,Esq.,Id.No.58745 John M.Kolesnik,Esq.,Id.No.308877 Jenine R.Davey,Esq.,Id.No.87077 Matthew G.Brushwood,Esq.,Id.No.310592 Lauren R.Tabas,Esq.,Id.No.93337 Zachary J.Jones,Esq.,Id.No.310721 Jay B.Jones,Esq.,Id.No.86657 Justin F.Kobeski,Esq.,Id.No.200392 Andrew L.Spivack,Esq.,Id.No.84439 Adam Davis,Esq.,Id.No.203034 JOSEPH E.DEBARBERIE,Esq.,Id.No. 315421 Official Seal ° b; Notary Public,State Of West Virginia A James K Teranpo �� }= 107 Brannon Street ..%. Stonewood WV 26301 My commission expires May 22.2022 r PRO TH1:0NU TA E .I 213 DEC 1 2910 34 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 OCWEN LOAN SERVICING,LLC • Court of Common Pleas Plaintiff Civil Division v. • CUMBERLAND County JOHN K.MCKOWN • RHONDA D.MCKOWN • No. 13-5117-CIVIL Defendant(s) PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ® Please mark the above referenced case Settled, Discontinued and Ended. n Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Please mark the in rem judgment Satisfied and the action Discontinued and Ended. I- Please Vacate the Judgment entered. Date: 1 a, I'' I✓ PHELAN HALLIN ,LLP By: AA 1A ! 'WilYdei4 Meredith W- ooters,Esq.,Id.No.307207 Attorney for Plaintiff PH#812015 Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 OCWEN LOAN SERVICING,LLC • Court of Common Pleas Plaintiff • • Civil Division v. CUMBERLAND County JOHN K.MCKOWN RHONDA D.MCKOWN No. 13-5117-CIVIL Defendant(s) CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: JOHN K. MCKOWN 1214 MITCHELL DRIVE MECHANICSBURG,PA 17050-3132 RHONDA D.MCKOWN 71 SUMMIT CENTER OR SUTTON,WV 26601-6380 Date: 't� ( � I I `� PHELAN HALLINAN LLP 1 VIAJ6t" By: ' / Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff