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HomeMy WebLinkAbout13-6345 Supreme Cour of Pennsylvania O Cou ".4' Pleas `fib.'et For Prothonotary Use Only: Cu L: i County Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: O Complaint ❑ Writ of Summons ❑Petition E ❑Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiffs Name: OCWEN LOAN SERVICING, Lead Defendant's Name: SCOTT LAWRENCE T LLC Dollar Amount Requested: ❑within arbitration limits I Are money damages requested? ❑Yes © No ( (Check one) © outside arbitration limits N Is this a Class Action Suit? ❑ Yes © No Is this an MDJ Appeal? ❑ Yes © No Name of Plaintiff/Appellant's Attorney: Adam H.Davis,Esq.,Id.No.203034,Phelan Hallinan,LLP A ❑ Check here if you have no attorney(are a Self-Represented ]Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution ❑Debt Collection:Credit Card ❑Board of Assessment ❑Motor Vehicle ❑Debt Collection:Other ❑Board of Elections ❑Nuisance ❑Dept.of Transportation ❑Premises Liability ❑ Statutory Appeal:Other ❑Product Liability(does not include mass tort) ❑Employment Dispute: ❑ Slander/Libel/Defamation Discrimination ❑Other: ❑Employment Dispute:Other ❑Zoning Board C ! ❑Other: T MASS TORT ❑Other: 4-.1 ❑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 FORM 1 ;is?: of r Jri 2C 13 Orli" �PENNSf�1UCUUNj'y PHELAN HALLINAN,LLP Adam H.Davis,Esq.,Id.No.203034 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 OCWEN LOAN SERVICING, LLC 1100 VIRGINIA DRIVE, P.O. BOX 8300 COURT OF COMMON PLEAS FORT WASHINGTON, PA 19034 CIVIL DIVISION Plaintiff v. TERM SCOTT LAWRENCE NO. / 3. tt 31/S l/! MELISSA A.LAWRENCE 246 EAST NORTH STREET CUMBERLAND COUNTY CARLISLE,PA 17013-2538 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE $1p?,.7S p a 47 � �31ous� l File#: 926054 )q 1 JO 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: SCOTT LAWRENCE MELISSA A. LAWRENCE 246 EAST NORTH STREET CARLISLE,PA 17013-2538 who is/are the mortgagor(s)and/or real owner(s) of the property hereinafter described. 3. On 08/03/2009 SCOTT LAWRENCE and MELISSA A. LAWRENCE made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR NFM INC., DBA,NFM CONSULTANTS INC., A MARYLAND CORPORATION,which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200930187. By Assignment of Mortgage recorded 05/17/2013 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201316246.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 02/01/2013 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 File#: 926054 by written notice sent to Mortgagor,the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 07/11/2013: Principal Balance $85,222.61 Interest $2,734.20 01/01/2013 to 07/11/2013 Late Charges $0.00 Escrow Deficit $763.86 TOTAL $88,720.67 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. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA insured. File#: 926054 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $88,720.67,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: G /4t412 Adam H. Davis, Esq., Id.No.203034 Attorney for Plaintiff File#: 926054 LEGAL DESCRIPTION ALL those certain tracts of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows,to wit: TRACT 1: BEGINNING at a point in the southern side of East North Street, which point is the northwest corner of a lot of ground now or formerly of Sallie M. Windowmaker and Frank Walters; thence southwardly through the center of the partition wall erected between the house on the lot hereby conveyed and the house on the lot now or formerly of Sallie M. Windowmaker and Frank Walters, a distance of 61 feet to a point in line of land now or formerly of the John Spahr Estate; thence westwardly along lands of the latter, a distance of 15 feet to a point in the line of lands now or formerly of Edwin E. Hefflefinger and Evelyn M. Hefflefinger, his wife; thence northwardly and through the center of the partition wall erected between the house on the lot hereby being conveyed and the house on the lot now or formerly of the said Edwin E. Hefflefinger and Evelyn M. Hefflefinger, his wife, a distance of 61 feet to a point in the southern side of East North Street; thence eastwardly along said East North Street a distance of 15 feet to a point,the Place of BEGINNING. FOR INFORMATIONAL PURPOSES ONLY The improvements thereon being known and designated as 246 E.North Street, Carlisle, PA 17013 Being all and the same lot of ground which by Deed dated December 15, 2006 and recorded February 6, 2007, in the Land Records of Cumberland County, Pennsylvania, in Book 278, Page File 4: 926054 3512,was granted and conveyed by Diehl &Durham Rentals unto Scott Lawrence and Melissa A. Hansen. Parcel ID No.: 02-21-0318-184 PROPERTY ADDRESS: 246 EAST NORTH STREET, CARLISLE, PA 17013-2538 PARCEL #02-21-0318-184 File 4: 926054 VERIFICATION I, KATELYN McCAULEY, 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. Ocwen Loan Servicing, LLC, maintains and is in 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: lv V 01-(i3 m Name: Katelyn McCauley Title: Authorized Signer Ocwen Loan Servicing, LLC (Servicing Agent for Plaintiff) rile � °S4 N amp t,Ptvot2£N c-e • IN THE COURT OF COMMON PLEAS OCWEN LOAN SERVICING,LLC • OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) • vs. SCOTT LAWRENCE .• MELISSA A.LAWRENCE • ✓✓✓Defendants 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 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: D 70/2 67/Y ,041-�,X //L-•-1. Date Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff r ~ :7 -+ , --ice_ ati- • C �" 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: ( I's I'()\II:K/I'RUI.kin .11'I'I.I( 1V"I' 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? ( ()-13ORRO11I:R Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? 1 I\.1\( I:U. 1014)101 I I()\ First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes& Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No❑ If yes,provide names, location of court,case number&attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $_ $ Other: $ $ Automobile#1: Model: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation(automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop.payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP) assistance? Yes❑ No❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No❑ If yes,please indicate the status of those negotiations: Please provide the following information,if known,regarding your lender and lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: Phone: 1l f IIORIZ I'R)\ 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) 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#: 926054 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Rai THE PRO i VNOTARY Sheriff �t ay+t�of 4:trrr�brrQ� ROY Jody S Smith Chief Deputy °¢ Richard W Stewart 5z, CUMBERLAND COUNTY Solicitor OFFICE OF THE SHERIFF PENNSYLVANIA Ocwen Loan Servicing Center, LLC Case Number vs. Scott Lawrence (et al.) 2013-6345 SHERIFF'S RETURN OF SERVICE 11/17/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Scott Lawrence, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 246 East North Street, Carlisle Borough, Carlisle, PA 17013. Residence is vacant and the Carlisle Postmaster confirms that the defendant is not known at the address provided. 11/17/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Melissa A Lawrence, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 246 East North Street, Carlisle Borough, Carlisle, PA 17013. Residence is vacant and the Carlisle Postmaster confirms that the defendant is not known at the address provided. SHERIFF COST: $60.78 SO ANSWERS, November 21, 2013 RON � R ANDERSON, SHERIFF I (c)CountySuite Sheriff,Teleosoft,Inc. L. •PHELAN HALLINAN,LLP l( IS DEC .2G WI 1 I 1 15 Adam H:Davis,Esq.,Id.No.203034 1617 JFK Boulevard,Suite 1400 Ctii4 ERLAtd1.) COUNTY Y One Penn Center Plaza PEN NSYLVANIA Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 OCWEN LOAN SERVICING, LLC : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : CUMBERLAND COUNTY • SCOTT'LAWRENCE : No. 13-6345-CIVIL MELISSA A. LAWRENCE • Defendants • PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN,LLP By: „76 iyi✓ G„ Adam H. Davis, Esq., Id. No.203034 / p� Attorney for Plaintiff / Date: l 2�/j l /i 3 /nru, Svc Dept. File#926054 0 'If.7S 10441 /3?1LL k - D??97c1 • .•Phelan,Hallinan, 1617 JFK Boulevard,- Suite 1400 One Penn Center Plaza . • • Philadelphia, PA 19103 15,-563-7000. OCWEN LOAN SERVICING, LLC Plaintiff VS. ...Attorney for:Plairitiff . Court of Common Pleas . Civil Division C) CUMBERLAND Corn SCOTT LAWRENCE MELISSA A. LAWRENCE No. 13-6345-CIVIL ?fir"- Defendants MOTION FOR SERVICE PURSUANT TO . SPECIAL ORDER OF COURT co Plaintiff, by its counsel, Phelan Hallinan, LLP, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, SCOTT LAWRENCE, by first class mail to SCOTT LAWRENCE at PO BOX 442, GREENVILLE, ME 04441-0442, and the mortgaged premises, 246 EAST NORTH STREET, CARLISLE, PA 17013-2538; posting ofthe 'mortgaged premises,.246 EAST NORTH STREET, CARLISLE, PA 1701.3-2538; • and publication purstiant to Pa. R.C.P. 430, and in support thereof avers the folio wing: 1.. Attempts .to serve • • have been unsuccessful.The. . • . • ' • .. .- Deferidain, S.C.OTT LAWRENCE, personally. with the.Complaint She.riff of.CUMBERLAND County. attempted to serve the.: • . . .• • • • • Defendant at the mortgaged p'remises, 246 EAST NORTH STREET, CARLISLE, PA 17013- 2538. As indicated by the Return of Service, no service was made as said address is vacant. A true and correct copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit "A". 2. The Plaintiffs Process Server attempted to serve the Defendant at 63 STAGECOACH RD, SOUTHAMPTON, NJ 08088-1341. As indicated by the Affidavit of Service, no service 926054 • was made asthe Defendant does. not reside at said address. A true and correct copy of the.. Affidavit of Service.is attached hereth, made part hereof, and marked as Exhibit "B". 3. Plaintiff aIs attempted to serve the Defendant via certified mail, restricted delivery, return receipt requested.at PO BOX 442, GREENVILLE, ME 04441-0442 Said return receipt was not returned to our office. By way of the United States Postal Service's website (www.usps.com), Plaintiff, by and through its Attorney, was able to track and confirm that certified mail was unclaimed and returned on JANUARY 24, 2014. A true and correct copy of the.receipt for certified mail and the United States Postal Service's tracking information is attached hereto, made part hereof, and marked as Exhibit "C". 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. A true and correct copy of an affidavit of due diligence setting forth the specific inquiries as to the Defendant's whereabouts and the results thereof is attached hereto, made part hereof, and marked as Exhibit "D". 5. Plaintiff contacted the Prothoutary's Office and as of February 17, 2014, no Judge has • •• . • previously entered a ruling in this case. .-6. In accordance with CUMBERLAND County Local Rule 20.8.2(d), Plaintiff sent a . . . . • : . . . . .. • • • • •..copy of its•ProPosd Motion for. Special Service.and Order to the Defendant on February 27, • ' • • .• • •201.4 and requested Defendant's concurrence. A true and correct copy of Plaintiffs February 27, ' 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.2(d) attached hereto, made part hereof, and marked Exhibit "E". Plaintiff received a written response from the Defendant, MELISSA A. LAWRENCE. No response was received from Defendant SCOTT LAWRENCE. The response received from MELISSA A. LAWRENCE is attached hereto, made part hereof, and marked Exhibit "E". MELISSA A. LAWRENCE advised in her written 926054 response that she.arid S.COTT.LAWRENCE have been separated since December 25, 2012.and are seeking a divorce. MELISSA A: LAWRENCE •also •advised PO Box 442,. Greenville, ME • 04441 is her parents' address; and the last mailing address she knew of for SCOTT •LAWRENCE' was .63 Stagecoach Road, Southampton; NJ 08088, which is his father's address. Service was attempted at this address for SCOTT LAWRENCE and was returned as SCOTT LAWRENCE does not reside at 63 Stagecoach Road, Southampton, NJ 08088. Said return is attached hereto, made part hereof, and marked Exhibit "B ". Plaintiff did not receive a written response from Defendant SCOTT LAWRENCE and per the response from MELISSA A. LAWRENCE, Defendant SCOTT LAWRENCE retained Attorney, William Witherspoon. In accordance with CUMBERLAND County Local Rule 208.2(d), Plaintiff send a copy of this Proposed Motion for Special Service and Order to the Defendant on March 17, 2014 and requested 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 postmarked certificate of mailing is attached hereto,, made part hereof, and marked as Exhibit • • 7.. Plaintiff has reviewed its internal records and has not been contacted by the .Defendant to. bring the loan current.. .. • .8.. . Plaintiff submits that• it has made a good faith effort•to locate the Defendant but has .. .been unable to do so. . • • . WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail; posting; and by publication. . 926054 Respectfully.submitted, . PHELAN HALLTNAN, LLP By: Phe , r allinan, LLP Jon. n M. Etkowicz, Esq., Id. No.208786 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215 -563 -7000 926054 : • Phelan Hal 'Man, LLP • 1617 JFK Boulevard, Suite 1400 • One Penn Center Plaza Philadelphia, PA 15103 2.15:563-7000. • • OCWEN LOAN SERVICING, LLC • Plaintiff VS. SCOTT LAWRENCE MELISSA A. LAWRENCE Defendants Attorney for Plaintiff • Court of Comnion Pleas - Civil Division CUMBERLAND County No. 13-6345-CIVIL • MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT 1. FACTUAL BACKGROUND Attempts to serve Defendant, SCOTT LAWRENCE, with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 246 EAST NORTH STREET, CARLISLE, PA 17013-2538. The Plaintiffs P;OceSs-.Server'atteinpted.to serve.the Deieridarit at 63 STAGECOACH. RD; sotTnAmpTON, • NJ 08088-1341. Plaintiff also attempted to serve ihe'Defendant.via certified mail, restricted * delivery, return receipt requested atPOBOX'44Z GREENVILLE, ME 04441.-0442 . :As . .• •. . . indicated by the Return of Seivice and the Affidavit of.Service, no Service was made. Pursuant to P.a.R.C.P. 430, Plaintiff ha sinadb a good faith effort to discover the where.aboutsof.the Defendant as evidenced by the affidavit of due diligence setting forth the specific inquiries as to the Defendant's whereabouts and the results thereof. Further, Plaintiff's counsel has reviewed its internal records and has not been contacted by the Defendant to bring loan current. Consequently, Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. 926054 „ . • LEGAL AUTHORITY. • Pennsylvania Rule 6f Civil Procedure .430(a) specifically states: • •• . . If-service cannot be made under the applicable rule;the plaintiff may move the court for a special order directing the method of service. • The motion 'shall be accompanied by an affidavit stating the nature- and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Pa.R.C.P. 430(a) (2009). In particular: An illustration of a good faith effort*to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. Id. at 430(a) n. Similarly, the Pennsylvania Superior Court has gone on to explain that, "While by no means exhaustive, this Note is at least indicative of the types of procedures contemplated by the legislature when enacting Rule 430.” Deer Park Lumber,'Inc: v. Major, 384 Pa. Super. 625, 633, - • . 559.A2d 941, 946 (1.989), appeal denied, 525 Pa. 582, 575 Ald 113 (1990). Only after such . . proof has been offered.is-the Court authorized to direct another method of substitute service: . See . • -. ,.. . .. : . . . . ,•• . ..• ... . . id. • -. • . . . • : : In the instant case, as indicated by the.Return Of.Service and the Affidavit of Service, the • % • Sheriff and the Plaintiffs Process Server have been unable to serve the Complaint. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the affidavit, of due diligence. Therefore, Plaintiff respectfully requests an Order pursuant. to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. 926054 III. CONCLUSION As indicted by the Return of SerVice and the Affidavit of Service, the Sheriff and the.. Plaintiff's ProCess*Sefyer have been unable to serve. the C6mplaint upon the Defenda,nt. Plaintiff has made -a good faith effort to disdover the whereabouts of the Defendant as evidenced by its affidavit of due diligence. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. Date: ..„ • Respectfully submitted, PHELAN HALLINAN, LLP By: Jonail M. Etkowicz, Esq., Id. No.208786 Atto for Plaintiff 926054 Phelan .Hallinan, LLP 1617 JFK Boulevard, Suite •1400 One .Penn Center Plaza Philadelphia, PA 19103 . 215 -563 -7000 • ' Attorney for Plaintiff OCWEN LOAN SERVICING, LLC • ' Court of Common Pleas • - Plaintiff. vs. SCOTT LAWRENCE MELISSA A. LAWRENCE Defendants Civil Division CUMBERLAND County No. 13 -6345 -CIVIL CERTIFICATION OF SERVICE The undersigned hereby certifies that a copy of the Motion for Service Pursuant to. Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. SCOTT LAWRENCE 246 EAST NORTH STREET CARLISLE, PA 17013 -2538 WILLIAM WITHERSPOON, ESQ. 125 UNION AVE PO BOX 7:. • LAKEHURST, NJ 08733 -2931 SCOTT LAWRENCE• • . 6 3 STAGECOACH ROAD:: • • SOUTHAMPTON, NJ 08088 The' undersigned understands that1-this state MELISSA A. LAWRENCE 246 EAST NORTH STREET CARLISLE, PA 17013 -2538 MELISSA A. LAWRENCE . PO BOX 442. GREENVILLE, ME 04441 -0442 C.S. §4904 relating to unsworn falsification to authorities. Date: ade subject to the penalties. of 18-Pa. Respectfully submitted, • PHELAN HALLINAN, LLP By: Jonatha . Etkowicz, Esq., Id. No.208786 Attorne for Plaintiff 926054 Exhibit "A" • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith • X00 0( ��r5e1.4 • Chief Deputy • * ti . • • Richard W Stewart Solicitor OFFICE OF THE SHERIFF Ocwen Loan Servicing Center, LLC vs. Scott Lawrence (et al) Case Number 2013 -6345 . 'SHERIFF'S RETURN OF SERVICE 1i/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: Scott Lawrence, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 246 East North Street, Carlisle Borough, Carlisle, PA 17013. Residence is vacant and the Carlisle Postmaster confirms that the defendant is not known at the address provided. 11/17/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit Melissa A Lawrence, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 246 East North Street, Carlisle Borough, Carlisle, PA 17013. Residence is vacant and the Carlisle Postmaster confirms that the defendant is not known at the address provided. SHERIFF COST: $60.78 • SO ANSWERS, November 21, 2013 • • • RONP R ANDERSON, SHERIFF • c' Exhibit • •PLAINTIFF • OCWEN LOAN SERVICING, LLC DEFENDANT • SCOTT LAWRENCE • • MELISSA A. LAWRENCE' • SERVE SCOTT-LAWRENCE AT: '63 STAGECOACH RD • • SOUTHAMPTON, NJ 08088 -1341 • • AFFIDAVIT OESER`,1ICE • ' • • CUMBERLAND COUNTY . PJI #.926054 • SERVICE TEAM/ alg COURT NO.: 13. 6345 -CIVIL • • SERVED Served and made known to SCOTT LAWRENCE, Defendant on the , o'clock . M., at , in the __ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name _'Manager /Clerk of place of. lodging in which Defendant(s) reside(s). Agent or person in charge of Defendants office or usual place of bu • • . • an offir~er of•said Defendant's company.. : Other: Description: Age TYPE OF•ACTION XX Mortgage Foreclosure XX Civil Action day of . 20 at manner described below: or relationship. siness.. }Hight Weight Race a Sex. Other , a competent adult, being duly sworn according to law, depose and state that 1 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 of , 20 . Notary: By: On the , a of - •:20l'at Deferalsint Ji `F0 use, Vacant, . Does Not Exist • Moved No Answer on at • Service Refused Other: • • • • Sworn fo and sub tied • •' • befo met�is_ d of ter „r4 ., By :.. ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq.,•ld: No: 62695 Daniel G. Schmieg, Esq., Id. No. 62205 M. S ` ` P itNb Michele M. Bradford, Esq., Id. No. 69849 Y PUBLIC OF NEW JERSEY Judith T. Romano, Esq., Id. No. 58745 y Commission Expires 2111/2016 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No, 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 0Li at at.ailiair oes Not Reside Not Vacant) state that Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779' . Mario'J. Iianyon, Esq., Id. No. 203993 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 Zachary J. Jones, Esq., Id. No. 310721 Justin F. Kobeski, Esq., Id. No. 200392 Adam Davis, Esq., Id. No. 203034 Joseph E. DcBarberie, Esq., Id. No. 315421 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 . Philadelphia, PA 19103 -1814 / Full Spectrum Services 400 Fellowship Road, Suite 220 Mt. Laurel, NJ 08054 j� -‘ P7,-2p0 Exhibi 66C,, II II 7178 2417 6099 0153 5735 NRU / 926054 RESTRICTED DELIVERY SCOTT LAWRENCE PO BOX 442 GREENVILLE, ME 04441-0442 •. --fold here (iegular) -- fold here (6x9) --fold here (regular) • . . . . . • • USPS.com x - USPS TrackingTM Engllsh Customer Servjce USPS MObIre Quick Tools • USPS Tracking' Ship a•Package • Send Mail 'Manage Your Mail Tracking Number: 71782417609901535735 Expected Delivery Day: Saturday, December 21, 2013 Product & Tracking Information Postal Product: • • Features. • irst -CIaSs Mail• •• Certified Mail's • • Page 1 of 2 Register./ Sign In • Search USPS.corn or Track Packages January 29,2014,9:00 am January 28, 2014 , 11:25 am January 25, 2014 , 10:58 pm January 24, 2014 , 10:51 pm • January 24, 2014 , 7:09 am • January 8, 2014 , 10:43 am January 7, 20i 4 , 1 1:01 pm• January 7, 2014 • • January 3, 2014 , 7:09 pm Jarivary 3, 2014 Delivered Notice Left (No Authorized Recipient Available) PHILADELPHIA, PA 19103 PHILADELPHIA, PA 19103 Processed through PHILADELPHIA, PA 19176 USPS Sort Facility Processed through BELLMAWR, NJ 08031 USPS Sort Facility Unclaimed •. VINCENTOWN, NJ 08088• • Notice Left VINCENTOWN, NJ 08088 Processed through USPS Sdrt Facility Depart USPS Sort Facility . • Processed through USPS Sort Facility Depart USPS Sort ,Facility . January 2, 2014 , 10:13 Processed through USPS Sort Facility Forwarded Arrival at Unit Depart USPS Sort Facility Pm December 21, 2013 , 8:10 am December 21, 2013 , 8:09 am December 20, 2013 December 20, 2013 , 3:52 am December 19, 2013 Processed through USPS Sort Facility Depart USPS Sort Facility December 19, 2013 , 5:15 Processed through pm USPS Sort Facility • BELLMAWR, NJ 08031 BELLMAWR, NJ 08031 • SARASOTA, FL 34260 • SARASOTA, FL 34260 , SARASOTA, FL 34260 GREENVILLE, ME GREENVILLE, ME 04441 HAMPDEN, ME 04444 HAMPDEN. ME 04444 SCARBOROUGH, ME 04074 SCARBOROUGH, ME 04074 Shop . Business Solutions • • 'Customer Service ' • Have questions? We're here to help. Available 'Actions . Return Receipt Electronic. https: // tools. usps.com /go/TrackConfirmAction. action ?tLabels = 71782417609901535735 1/31/2014 USPS.com® - USPS TrackingTM • becember 19, 20.13 Depart USES Sort • Facility December 18;2013 , • Processed at USPS 11:26 pnt Origin Sort Facility ' December 18, 2013 , • Accepted at USPS 10:11 pm Origin Sort Facility December 18, 2013 . ;Electronic Shipping Into Received • • What's your tracking (or receipt) number? LEGAL • •rivacyPolicy r Terms of Use • FOIA• No FEAR At EEO Data • • ,OusPS. • • • ON USPS.COM . PHILADELPHIA, PA 19176 . PHILADELPHIA, PA 19176 • PHILADELPHIA, PA 1,9103 . ON ABOUT.USPS.COM Government Services, About USPS Home . . • .Buy Stamps & Shop ' . _ Newyrooni • . Print a Label with Postage • USPS Service Alerts ' . Customer Service , Fermi .8 Publications ,. • Delivering Solutions to the Last Mile , Careers , ' Site Index ' Copyrigh a 2014 USPS. Ail Rights Rbserved. • Page 2 of 2 Track Another Package • OTHER USPS SITES • Business Cpstonfer Gateway • Postal Inspectors • Inspector General • • PostaLExpl'orer , • https: // tools .usps.com /go /TrackConfirmAction .action ?tLabels = 71782417609901535735 1/31/2014 Exhibit "D" AFFIDAVIT OF GOOD FAITH INVESTIGATION • File Number: .926054 . Attorney Firm: Phelan, Hallinan. & Schmieg, LLE • - . Subject: . Scott Lawrence &:Melissa A. Lawrence . . Property Address: 246 East North Street, Carlisle, PA 17013 Possible Mailing Address: (Melissa A. Lawrence) 63 Stagecoach Road, Southampton, NJ 08088 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to' be true and correct ...Scott Lawrence.- xxx -•xx -2729 : . Melissa A. Lawrence - xxx- Xx.2690 ' • B. EMPLOYMENT SEARCH' • ' • ' Scott Lawrence & Melissa A. Lawrence - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDI'T'ORS Our inquiry of creditors indicated that Scott Lawrence & Melissa A. Lawrence reside(s) at: 246 East North Street, Carlisle, PA 17013. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which had no listing for Scott Lawrence & Melissa A. Lawrence. B. On 02- 03- 14'our office made several telephone> calls to a possible phone number of the • . subject(s). (609) 726-1943 and•received the following information: answering machine: On 02 -0344 our.office made several telephone calls to a possible phone number of the • '. subject(s).(717): 703 -5212 and 'received thefollowing information: answering machine. On 02 -03 -14 our office made several telephone calls to a possible phone number of the subject(s). (717)•254 -6984 and received the following infonnation :•answering machine. III. INQUIRY OF NEIGHBORS' . • ' • On 02 -03 -14 our.office made a phone call in an attempt to contact Anna R. Myers (717) 243 -8285, 244 East -North Street, Carlisle, PA 17013: spoke with an unidentified female who could not confirm that the subjects reside(s) at246 East North Street, Carlisle, PA" 17013. On 02 -03 -14 our office made several phone calls in an attempt to contact John Jacobs (717) 422 -5269, 266 East North Street, Carlisle, PA 17013: answering machine. On 02 -03 -14 our office made a phone call in an attempt to contact William R Kennedy (717) 249 :4476, 300'East North Street, Carlisle, PA 17013: spoke with an unidentified male who could not confirm that the subjects reside(s) at 246 East North Street, Carlisle, PA 17013. On 02 -03 :14 our office made a phone call in an attempt to contact Barbara Lynn Alcott (609) 859 ;9103, 65 Stagecoach Road,Southampton, NJ 08088: spoke with an unidentified female who could not cbnfirn that the subjects reside(s) at 63 Stagecoach Road, ' ' Southampton, NJ 08088. • . ' On 02 -03 -14 our'bffice.made several phdrie'calls in an'attempt t6 contact Donna Crawford (609) 859 -9152, 66 Stagecoach Road, Southampton, NJ 08088: answering machine. On 02 -03 -14 our office made a phone call in an attempt to contact Marian Georgann (609) 859 -9793, 68 Stagecoach Road, Southampton, NJ 08088: spoke with an unidentified male who could not confirm that the subjects reside(s) at 63 Stagecoach Road, Southampton, NJ 08088. IV. ADDRESS INQUIRY' • A. -NATIONAL ADDRESS UPDATE . • • •.. • On 02 -03 -14 we reviewed-the National Address database and found the.following information: Scott Lawrence & Melissa A. Lawrerce - 246 East North Street, Carlisle; PA 17013. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: (Melissa A. Lawrence) 63 Stagecoach Road, Southampton, NJ 08088. V. OTHER INQUIRIES A. DEATH RECORDS As of 02 -03 -14 Vital Records and all public databases have no death record on file for Scott Lawrence & Melissa A. Lawrence. VI. ADDITIONAL INFORMATION OF.SUBJECT • A: YEAR OF 13IRTH Scott Lawrence -1977 . Melissa.A. Lawrence -1980 • W. A.K.A. • • Melissa A. Hansen * Our accessible databases have been checked and cross - referenced for the above - named individual(s). * Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec: 4904 relating to unsworn falsification to authorities. ✓`-{ The above information is obtained from available public records and we are only liable for the cost of the affidavit. Exhibit "E" - • • Phelan ljallinan, LLP . • 1617 JFK Boulo•iaril, Suite 1400 .• One•Penn.Center Plaza Philadelphia, PA 19103 . . • 215,-563-7000 •FAX#: 215.-568-7616 . Noeleen R. Urmson Ext. 1469 Service Department February 27, 2014 SCOTT LAWRENCE 246 EAST NORTH STREET CARLISLE-;P•A 17013-2538. SCOTT LAWRENCE PO BOX 442 GREENVILLE, ME 04441-0442 • • : Representing Lenders in Pennsylvania MELISSA A. LAWRENCE 246 EAST NORTH STREET . :CARLISLE; M1.7013,2538 . . • • MELISSA A.LAWRENCE • • PO BOX 442 GREENVILLE, ME 04441-0442 RE: OCWEN LOAN SERVICING, LLC v. SCOTT LAWRENCE and MELISSA A. LAWRENCE Premises Address: 246 EAST NORTH STREET, CARLISLE, PA 17013-2538 CUMBERLAND County, No. 13-6345-CIVIL Dear Defenilants, • ' Enclosed please find a true and correct copy of my proposed Motion forS.pecial.Service and Order. In accordance withCUMBERLAND County Local Rule 208.3(9), I aril seeking concurrence with the requested relief that is, service of the complaint by first class mail and • . • postng of he mOrtgaged.premises. Please respond to me within one week, by • . . . -6 I • • • Should you have any further questions or concerns, please :do not hesitate to contact me„ Otherwise, please be guided accordingly. • Very SQ4z; tha Ltkowicz, Esq Id, No.208786 Atto for Plaintiff 926054 Name and Address Of Sender Phelan Hallman, LLP • • •' 1617 JFK Boulevard, Suite 1 One Penn Center Plaza • Philadelvhia, PA 19103 00 • NRU 1SD Line Article Number Name of Addressee, Street, Ind Post Office Address . Postage * * ** SCOTT LAWRENCE ' . . • ••• 50,48 246 EAST NORTH STREET` • •• • • • CARLISLE, PA 17013 - 25381.' 2 * * ** SCOTT LAWRENCE . • - 50.48 • . PO BOX 442 • GREENVILLEzME 04441 -0442 • , 3 * * ** MELISSA A. LAWRENCE ' • • • • 50.48 246 EAST NORTH STREET • • • CARLISLE, PA 17013 -2538 • • • • • 4 * * ** MELISSA A. LAWRENCE ' • • • S0.4$ PO BOX 442 GREENVILLE, ME 04441=1442 . • RE: SCOTT LAWRENCE (CUMBERLAND). TEAM 4 P11 # 926054/1021 - . Page 1 of 1 ', S1.92 '• . • Total Number of Total Number of Pieces ' • Postmaster, Per (Name of The full decimation of valuer is required an aH domestic and intemational registered mail. The ms Pieces Listed by Sender Received at Post Office Receiving Qnploree) for the reconstruction of nonnegotiable documents under Express Mail document reconstructioei piece subject to a limit of S OO,ODOper occurrence. The maximum indemnity payable or Expresf . The maximum indemnity payable is S25,000 for registered mail, sent with optional insurance, Sc • • R900 5913 and S921 for limitations of co ferast& Form 3877 Facsimile • 9260 2014 -03 -03 12:10 CNB Greenville FAX TRANSMTTTA FORM • Date Seat: March j,.2014 . To: Attn: Jonathan .Etkowicz, Esq. Phelan Hallinan, LLP 1671 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, Pa 19103 Fax Number: 215 -568 -7616 From: Melissa A. Lawrence PO Box 442, Greenville ME 04441 Phone: 207 - 695 -2652 Number of Pages: 1 1111111 » 2155687616 P 1/2 Message: Enclosed is a letter regarding a letter you sent to me about Scott Lawrence and a "Motion for Special Service and Order ". No. 13- 6345- CIVIL. 2014 -03 -03 12:10 CNB Greenville March 3, 2014 1111111 » 2155687616 P 2/2 Melissa A Lawrence PO Box 442 Greenville, Me 04441 207 695 2652 . • Phelan Hallinan, LLP 1671. JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, Pa 191.03 Attn: Jonathan Btkowicz, Esq. Dear Mr Etkowicz. Be advised that I am in receipt of your "Motion for Special Service and Order" that you intend to file in Cumberland County, No. 13 -6345- CIVIL. There are a few errors that I wish to draw your attention to. They are as follows: • Scott Lawrence's mailing address is not PO Box 442, Greenville, Me 04441. This is my parents address. With the exception of a temporary, part-time job during the summer of 2013, I have been unemployed since December, 2011 In.December. 2012,•1 moved in with my parents. I will be-residing her until I am able to support myself • • : • Scott and. I separated on December 25, 2012 and are in.the process ofseeking-a divorce. i'have not.had any direct contact with.lum since that day. The last . information I had for him was that he was receiving his mail at 63 Stagecoach Rd, • Southampton, NJ 08088 -1341, whichris•his father's address. The last known cell • phone # I have is (609) 534 -3755, but I have not called that number in over a . year. He has retained a lawyer, Mr. William Witherspoon of 125 Union Ave, PO Box 7 Lakehurst, NJ (732)657-4040, 1 suggest that you contact him for any further details about Scott. I hope this information is helpful, If there are any questions, please do not hesitate to contact me. Sincerely, Melissa A Lawrence Exhibi ,--------- Phelan �Iallinan, LLP ..161'1 JE R.• B oulev ar d, Suite• 1400 One Penn Center Plaza • • Philadelphia, PA 19103 • . 215 -:563 -7000 • FAX #: 215 - 568 -7616 ' • Noeleen R. Urmson Ext. 1469 Representing Lenders in Service Department March I , 2014 Pennsylvania SCOTT LAWRENCE SCOTT LAWRENCE 246 EAST NORTH STREET 63 STAGECOACH ROAD ,CARLISLE; PA 170I3 -2538 • . SOUTHAMP'T'ON, NJ 08088 MELISSA A. LAWRENCE 246 EAST NORTH STREET CARLISLE, PA 17013 -2538 WILLIAM WITHERSPOON, ESQ, 125 UNION AVE PO BOX 7 LAKEHURST, NJ 08733 -2931 MELISSA A. LAWRENCE • PO BOX 442 • • ' G..REENVILLE., ME 04441 -0442. . • RE: . OCWEN LOAN SERV):CING, LLC v. SCOTT LAWRENCE and MELISSA A: • . LAWRENCE . . . • . . Premises Address: 246 EAST NORTH STREET, CARLISLE, PA 17013 -2538 CUMBERLAND County, No. 13- 6345 -CIVIL . Dear Defendanis, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, service of the compiai.nt by first class mail and postin of th mortgaged premises. Please respond to me. within one week, by 926054 • Should'you have any fufther questic ns' w c6ticerns, please do hot: hesitate to contae.t rue: Otherwise, please be guidedaccord.ingly.. Very: M. l; >ikowioz, Esq., ld. No.208786 Attert 5' for Plaintiff 926054 Name and Address Of Sender Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 . One Penn Center Plaza Philadelphia, PA 19103 • NRU• Line Article Number Name of Addressee, Street, and Post Office Address 1 SCOTT LAWRENCE 246 EAST NORTH STREET . CARLISLE, PA 17013 -2538 2 *-1 = *:k WILLIAM WITHERSPOON, ESQ. 125 UNION AVE • • PO BOX. 7 • LAKEHURST. NJ 08733 -2931 3 MELISSA A. LAWRENCE 246 EAST NORTH STREET CARLISLE, PA 17013 -2538 4 .. ..... _.. MELISSA A. LAWRENCE 246 EAST NORTH STREET CARLISLE, PA 17013 -2538 5 SCOTT LAWRENCE 63 STAGECOACH ROAD SOUTIIAMPTON, NJ 08088 RE: SCOTT LAWRENCE (CUMBERLAND)., T"TA111 ,4 PH # 926054/1021 Pagel of .1 Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) . The full declaration of value is required on all domestic and international registered mail,. Thgm5xfmum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $50,000 per piece subject to a limit of 5500,000 peroccurrence, The maximum indemnity payable on Express Mail merchandise is 5500, The maximum indemnity payable is S25,000 foi•registered mail, sent with optional insurance. See Domestic Mail Manual R900 S913 and 5921 for limitations of coverage. ., Form 3877 Facsimile 926054• • Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 • One Penn Center;Plaza Philadelphia, PA 19103 215-563-7000 Fax: 215-563-7009 Email: Noeleen.Urmson@fedphe.com Noeleen R. Urmson Ext. 1469 Representing Lenders in Service Department Pennsylvania March 27, 2014 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: OCWEN LOAN SERVICING, LLC vs. SCOTT LAWRENCE and MELISSA A. LAWRENCE CUMBERLAND County, No. 13-6345-CIVIL Dear Sir or Madam: • . Enclosed for filing and transmittal to the assigned Civil Signing Judge for execution, please find Plaintiffs Motion for Service Pursuant to Special Order of Court, Memorandum. of Lalk, . . Proposed Order and attache.d Exhibits. • • : , Kindly returna time-stamped copy in the enclosed self-addressed stamped .envelope. . • • .• 'If, for-any reasOn,..this.Order and.Motion,will not be. sent linniediately. io a Judge for Consideration, . . please contact the Undersigned: .1 • . • • • . • . • . A1s6, fmd attached a proposed. Order, granting. alternative. service, which we hope .will. be .. • approved by the Judge. Please return this signed Order in the attached stamped self-addressed envelope. Thank you for your courtesy and consideration. Very truly yours, Noeleen R. Unison for Phelan Hallinan, LLP Enclosure NRU 926054 • . • IN THE COURT OF COMMON PLEAS • . • CUMBERLAND COUNTY, PENNSYLVANIA. • OCWEN LOAN SERVICING, LLC . .Court of Common Pleas * • • . . Plaintiff Civil Division vs: CUMBERLAND County SCOTT LAWRENCE MELISSA A. LAWRENCE No. 13-6345-CIVIL Defendants ORDER AND NOW, this 2'4 day of Ar.41 • , 2014, upon consideration of Plaintiff s • • motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED, that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C)*, on the above captioned Defendants, SCOTT LAWRENCE, by: .. • • Posting of the premises:. 246 EAST NORTH.STREET, CARLISLE, PA • 17013:2.538 by the Sheriff or a non-party competent adult; and . . • 2: . First class nail SCOTT:LAWRENCE:at PO .BOX 442, GREENVILU,.. ME 04441-0442, and the mortgaged premises located.k.246 EAST NORTH STREET,. • CARLISLE, PA 17013-2538. Service•by•thail is Complete- uPon the date of mailing.' PH # 926054/NRU c:;) It is fdrther'ORDERED and DECREED that counsel for Plaintiff is hereby directed to, file a certificate of service with the Prothonotary's'office.to ensure compliance with this Court Order. BY TH COURT: *Prior to fulfilling the requirements of service of Notice of Sale as set forth attempt service as set forth in Pa.RCP. 3129.2(c)(1)(i) (A) or (B). In the successful, Plaintiff may proceed with service of the Notice of Sale in confo Cc: SCOTT LAWRENCE .. . 246 EAST NORTH STREET CARLISLE, PA 17013 -2538 • WILLIAM WITHERSPOON, ESQ. 125 UNION AVE POBOX7 LAKEHURST, NJ 08733 -2931 SCOTT LAWRENCE 63 STAGECOACH ROAD . SOUTHAMPTON, Ni 08088 • • frtaitc.4. X11 y J . 24.kkw t'c2 W1V PH # 926054/NRU J. this Order, Plaintiff must first ent this attempted service is not ity with this Order. MELISSA. A. LAWRENCE 246 EAST NORTH STREET CARLISLE, PA 17013 -2538 MELISSA A. LAWRENCE PO BOX 442 GREENVILLE, ME 04441 -0442 PHELAN HALLINAN, LLP Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Meredith.Wooters@phelanhallinan.com 215-563-7000 OCWEN LOAN SERVICING, LLC Plaintiff vs. SCOTT LAWRENCE MELISSA A. LAWRENCE PROTHONO iAF, 2014 HAY -S fill 9: 3-' CUMBERLAND COUNTY PENNSYL'ANI : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY No. 13 -6345 -CIVIL Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. By: Date: /paw, Svc Dept. File# 926054 PHELAN HALLINAN, LLP Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff DumA cd\LVici e.)L4 I yi sst7 Phelan Hallinan, LLP Paul Cressman, Esq., Id. No.31807Eji 4 paul.cressman@phelanhallinan.com 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNT 4 One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 2 iw ; ATTORNEYS FOR PLAINTIFF OCWEN LOAN SERVICING, LLC Plaintiff vs. SCOTT LAWRENCE MELISSA A. LAWRENCE Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 13 -6345 -CIVIL AF'FIDAVTT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail, to the following persons, SCOTT LAWRENCE at 246 EAST NORTH STREET, CARLISLE, PA 17013-2538 and PO BOX 442, GREENVILLE, ME 04441-0442 on May 13, 2014, in accordance with the Order of Court dated April 2, 2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan Hallinan, LLP DATE: 5.20. i4 By: PH # 926054 Pau r-ssma Attom- y for Plaintiff Phelan Hallinan, LLP 79 PHELAN HALLINAN, LLP Emily M, Phelan, Esq,, Id. No.315250 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 emily.phelan @phelanhallinan.com 215 -563 -7000 OCWEN LOAN SERVICING, LLC Plaintiff VS. : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY SCOTT LAWRENCE : No. 13- 6345 -CIVIL MELISSA A. LAWRENCE Defendants PRAECIPE TO REINSTATE CIVIL ACTION /MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. By: Date: 5/ific(1 /paw, Svc Dept. File# 926054 PHEL LINAN, LLP i E'or herlan, Esq., Id. No.315250 Attorney for Plaintiff j,),,c; C,L*- ILIb61 fILDSLIA AFFIDAVIT OF SERVICE — CUMBERLAND PAW PLEASE POST BY: 06/04/2014 PLAINTIFF COUNTY: COURT CUMBERLAND NO. 13 -6345 -CIVIL OCWEN LOAN SERVICING, LLC DEFENDANT SCOTT LAWRENCE TYPE OF ACTION XX Mortgage Foreclosure SERVE AT: Eviction 246 EAST NORTH STREET, CARLISLE, PA 17013- XX Civil Action 2538 Complaint on Promissory Note ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****** Served /�� Posted and made known SCOTT LAWRENCE, Defendant on the a3 R° day of t ' 4'( , 20 4C at 7 : 1S o'clock, J . M.. at 246 EAST NORTH STREET, CARLISLE, PA 17013- 538, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/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 office of said defendant company. —V— Other: p6Shp Ti PAW/2- r? Description: Age Height Weight Race Sex Other I R011:1�1� MOI a competent adult, being duly sworn according to law, depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the caption` on the date and the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relati glto » m •falsif • tgfauthgriti DATE: x/23 ((4 NAME: PRINTED NAME: Ronald Moll TITLE: Process Server NOT SERVED On the day of . 20 , at o'clock — M., Defendant NOT FOUND because: _ Vacant _ Does Not Exist Moved Does Not Reside (Not Vacant) No Answer on at at Service Refused Other. PH # 926054 —i C7 ,7. Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 tf �E PRDT ' NOTAR Attorney For Plai�rtff � __ i^tQ�; 2014 AUG 15 AM 14: 18 CUMBERLAND COUNTY Court of Common Ple sENNSYLVANiA OCWEN LOAN SERVICING, LLC Plaintiff vs SCOTT LAWRENCE MELISSA A. LAWRENCE Defendant Civil Division CUMBERLAND County No. 13 -6345 -CIVIL AFFIDAVIT OF SERVICE COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO Pa.R.C.P. 404(2)/403 TO THE PROTHONOTARY: The undersigned Attorney for Plaintiff, hereby certifies that service of the Complaint in Mortgage Foreclosure was made by sending a true and correct copy by certified mail to Defendant, Melissa A. Lawrence at PO BOX 442, Greenville, ME 04441-0442. The Complaint was received by Defendant Melissa A. Lawrence on December 23, 2013, as evidenced by the attached Return Receipt. 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: 926054 sman, Esq., Id. No.318079 Atto ' ev or Plaintiff UNITED STATES POSTAL SERVICE, Date Produced: 12/30/2013 PHELAN HALLINAN & SCHMIEG: The following is the delivery information for Certified Mail TM item number 7178 2417 6099 0153 5742. Our records indicate that this item was delivered on 12/23/2013 at 10:39 a.m. in GREENVILLE, ME 04441. The scanned image of the recipient information is provided below. Signature of Recipient : Address of Recipient : Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 153283 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 OCWEN LOAN SERVICING, LLC vs. SCOTT LAWRENCE MELISSA A. LAWRENCE Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. 13 -6345 -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 SCOTT LAWRENCE and MELISSA A. LAWRENCE, 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 $88,720.67 TOTAL $88,720.67 I hereby certify that (1) the Defendants' last known addresses are 246 EAST NORTH STREET, CARLISLE, PA 17013-2538 and PO BOX 442, GREENVILLE, ME 04441-0442, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date f/�V7tC Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: Vote PH # 926054 Jr/ /4. 4 ck* f.-0-3/6471 4047, es A,Ljed PROTHONOTARY 926054 • • TIS COURT cit COMMON PLEAS • • CUMBERLAND COUNTY, PENNSYLVANIA OCNVEN LOAN SERVICING, LLC • . Plaintiff • • Court of Common Pleas , Civil Division CUMBERLAND County SCOTT LAWRENCE MELISSA A. LAWRENCE No. 13 -6345 -CIVIL Defendants ORDER AND NOW, this 2'4. • day of • 47041 , 2014, upon consideration of Plaintiff's motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED, that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriff's Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C)*, on the above captioned Defendants, SCOTT LAWRENCE, by: , . . . 1. Poitir;g of the premiiis: 246 'EAST NORTH STREET, CARLISLE, PA 17013-2538 by the Sheriff pr a non-party competent adult;and . • 2: . First class mail .tiy SCOTT:LAWRENCE at PO BOX 442, cREENVILLE,,.. ME 04441-0442, and the mortgaged premises located it,24SEAST NORTH STREET,. " CARLISfE, PA 17013-2538. Serviceby' Mail is domplet6' upon the date of mailini; . • • • • PH ft 926054/NRU It is furt1 er'ORDER.ED and DECREED that counsel for Plaintiff is hereby directed to. file a certificate of service with the Prothonotary's'ofce.to ensure compliance with this Court Order. BY { COURT: *Prior to fulfilling the requirements of service of Notice of Sale as set forth attempt service as set forth in Pa.RCP. 3129.2(c)(1)(i) (A) or (0). In the successful, Plaintiff may proceed with service of the Notice of Sale in conlb Cc: SCOTT LAWRENCE .. 246 EAST NORTH STREET CARLISLE, PA 17013-2538 WILLIAM WITHERSPOON, ESQ, 125 UNION AVE POBOX 7 LAKEHURST, NJ 08733-2931 SCOTT LAWRENCE 63 STAGECOACH ROAD SOUTHAMPTON, N.1.08088 J. is Order, Plaintiff must first ent this attempted service is not ity with this Order. MELISSA,A. LAWRENCE 246 EAST NORTH STREET CARLISLE, PA 17013-2538 . MELISSA A. LAWRENCE PO BOX 442 GREENVILLE, ME 04441-0442 PH # 926054/NRU 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 OCWEN LOAN SERVICING, LLC vs. SCOTT LAWRENCE MELISSA A. LAWRENCE Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 13 -6345 -CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above -captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) SCOTT LAWRENCE and MELISSA A. LAWRENCE 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 SCOTT LAWRENCE is over 18 years of age and has last known addresses at 246 EAST NORTH STREET, CARLISLE, PA 17013-2538 and PO BOX 442, GREENVILLE, ME 04441-0442. (c) that defendant MELISSA A. LAWRENCE is over 18 years of age and has last known addresses at 246 EAST NORTH STREET, CARLISLE, PA 17013-2538 and PO BOX 442, GREENVILLE, ME 04441-0442. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date £?/Z 717r Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 926054 Department of Defense Manpower Data Center Situs Report Pursuant to Service<rnembers Civil Relief Act. Last Name: LAWRENCE First Name: SCOTT Middle Name: Active Duty Status As Of: Aug -29-2014 Results as of : Aug -29.2014 12:06:20 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Stan Date Active Duty End Date - Status Service Component NA NA - — No ', NA This response reflects the individuals' active duly status based on the Active Duty Status Dale Left Active Duty Within 36? Days of Active Duty Status Date Active Duty Stan Date Active Duty End Date Status Service Component NA 4, : NA .. .. - No - a NA This response reflects where rate individual left active dufyi status vAtttEn 367 days Preceding thef Acttva Duty Status Date The Member or His/Her Unit Was Noted of a Future Cali -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA r, NA ` Na .. 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 Duly. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Status Report Pursuant to Senicernernbers Civil. Relief Act Last Name: LAWRENCE First Name: MELISSA Middle Name: A Active Duty Status As Of: Aug -29-2014 Results as of : Aug -29-2014 12:06:28 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Stan Date Active Duty End Date Status Service Component NA NA- - - No . . NA This response reflects the individuals' active duty status based on the Acove'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 . ,.. ,. T No v - NA This response reflects where the individual left active duty status within `367 days preceding theActfve Duty Status Date The Member or His/Her Unit Was Noted 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's 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. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 OCWEN LOAN SERVICING, LLC Plaintiff v. SCOTT LAWRENCE MELISSA A. LAWRENCE Defendant(s) TO: MELISSA A. LAWRENCE POBOX 442 GREENVILLE, ME 04441-0442 DATE OF NOTICE: f COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -6345 -CIVIL CUMBERLAND COUNTY 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 ___ 14A LA ' E. —'GO 'O-OR..:.TELEP ! IONE- HE O1i-ICE-SE3`-FORTH-BELOW-.--THIS- Of 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 Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PH # 926054 By: CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 enya Sates, Esq., Id. No.203664 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 OCWEN LOAN SERVICING, LLC Plaintiff v. SCOTT LAWRENCE MELISSA A. LAWRENCE Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -6345 -CIVIL CUMBERLAND COUNTY TO: MELISSA A. LAWRENCE 246 EAST NORTH STREET CARLISLE, PA 17013-2538 DATE OF NOTICE: .......:r'1 W 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 DAVE : ALAWWYER GO TO 7OR 'TELEPiONE-T.i-IE O :'ICI SET I O:RTErBEfi ow—_THIS FFTf ' 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 O1 -1->;R LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 926054 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Kenya Atte, Esq., Id. No.203664 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 OCWEN LOAN SERVICING, LLC Plaintiff v. SCOTT LAWRENCE MELISSA A. LAWRENCE Defendant(s) TO: SCOTT LAWRENCE PO BOX 442 GREENVILLE, ME 04441-0442 DATE OF NOTICE: 6.4/1 COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -6345 -CIVIL CUMBERLAND COUNTY 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 —;UAVF A,LAWYER Gg-TO-OR,.-I`EI :PHeN . TH.E-oFFICE rsF T -FOWTH .BF}-OW----THJ;S-OFFieg—_ 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 Ol+ER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 926054 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 iiya Esq., Id, No.203664 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 OCWEN LOAN SERVICING, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. SCOTT LAWRENCE MELISSA A. LAWRENCE NO. 13 -6345 -CIVIL Defendant(s) CUMBERLAND COUNTY TO: SCOTT LAWRENCE 246 EAST NORTH STREET CARLISLE, PA 17013-25387 DATE OF NOTICE: Zf iMj /' 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 NILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECT IONS 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--1.:;AWYER,-Gt)4 C)_OR' :.rEL I PHONE. THE -OFFICE-SI -FQRq = I4 LOW.. 1 H OFF;IC-E-_ -- 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 Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PH # 926054 By: CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Kenya dies, Esq., Id. No.203664 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (Rule of Civil Procedure No. 236) - Revised OCWEN LOAN SERVICING, LLC vs. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS SCOTT LAWRENCE MELISSA A. LAWRENCE : CIVIL DIVISION against you on : No. 13 -6345 -CIVIL Notice is given that a Judgment in the above captioned matter has been entered If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM ISA 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.** 926054 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 OCWEN Loan Servicing, LLC Plaintiff v. Scott Lawrence Melissa A. Lawrence Defendant(s) CUMBERLAWCO : COURT OF COMMON PLEAS CIVIL DIVISION 1 NO.: 13-6345--OXIL • mwcia 71 rri rrl 73 -71- _ r11 To the Prothonotary: Issue writ of execution in the above matter: Amount Due < C) CD -T1 X TY.; P 7) $88,720.67 Interest from 08/30/2014 to Date of Sale $1,399.68 ($14.58 per diem) TOTAL $90,120.35 Note: Please attach description of property. PI -I # 926054 1/ 1/ 11 it a -PLY VS4-13 lOy7r Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff s- 5-0 Du_e_ LL LEGAL DESCRIPTION ALL those certain tracts of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: TRACT 1: BEGINNING at a point in the southern side of East North Street, which point is the northwest corner of a lot of ground now or formerly of Sallie M. Windowmaker and Frank Walters; thence southwardly through the center of the partition wall erected between the house on the lot hereby conveyed and the house on the lot now or formerly of Sallie M. Windowmaker and Frank Walters, a distance of 61 feet to a point in line of land now or formerly of the John Spahr Estate; thence westwardly along lands of the latter, a distance of 15 feet to a point in the line of lands now or formerly of Edwin E. Hefflefinger and Evelyn M. Hefflefinger, his wife; thence northwardly and through the center of the partition wall erected between the house on the lot hereby being conveyed and the house on the lot now or formerly of the said Edwin E. Hefflefinger and Evelyn M. Hefflefinger, his wife, a distance of 61 feet to a point in the southern side of East North Street; thence eastwardly along said East North Street a distance of 15 feet to a point, the Place of BEGINNING. TI1LE TO SAID PREMISES IS VESTED IN Scott Lawrence and Melissa A. Lawrence, married, h/w, by Deed from Scott Lawrence and Melissa A. Hansen, nka Melissa A. Lawrence, dated 08/03/2009, recorded 08/28/2009 in Instrument Number 200930186. PREMISES BEING: 246 East North Street, Carlisle, PA 17013-2538 PARCEL NO. 02-21-0318-184 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 OCWEN Loan Servicing, LLC Plaintiff v. Scott Lawrence Melissa A. Lawrence Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMQJN PLEAS ' r- t.!) rrl -1:7 CIVIL DIVIS NO.: 13-6345IL c) oy <-7) : CUMBERLA 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 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. Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff OCWEN Loan Servicing, LLC Plaintiff v. Scott Lawrence Melissa A. Lawrence Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -6345 -CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 OCWEN Loan Servicing, 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 246 East North S eet,1arlisle, PA 17013-2538. I 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably please so indicate) Scott Lawrence 246 East North Street Carlisle, PA 17013-2538 PO Box 442 Greenville, ME 04441-0442 Melissa A. Lawrence PO Box 442 Greenville, ME 04441-0442 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Scott Lawrence 246 East North Street Carlisle, PA 17013-2538 PO Box 442 Greenville, ME 04441-0442 Melissa A. Lawrence PO Box 442 Greenville, ME 04441-0442 ascertain 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. PH # 926054 4 r* 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 None. Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building Address (if address cannot be reasonably ascertained, please indicate) 246 East North Street Carlisle, PA 17013-2538 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 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: 172f77f PH # 926054 By: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 OCWEN Loan Servicing, LLC : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : NO.: 13 -6345 -CIVIL Scott Lawrence Melissa A. Lawrence : CUMBERLAND amay Defendant(s) : -L-- rn (/) M rrl M - r z "-C) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Sm. "7- -, TO: Scott Lawrence Scott Lawrence CD 5 C r.":") Melissa A. Lawrence Melissa A. Lawrence 246 East North Street PO Box 442 Carlisle, PA 17013-2538 Greenville, ME 04441-0442 **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 246 East North Street, Carlisle, PA 17013-2538 is scheduled to be sold at the Sheriff's Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $88,720.67 obtained by OCWEN Loan Servicing, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. • 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price' bid by calling 215-563-7000. 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 frum 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 mount 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13 -6345 -CIVIL OCWEN Loan Servicing, LLC v. Scott Lawrence Melissa A. Lawrence owner(s) of property situate in CARLISLE BOROUGH, CUMBERLAND County, Pennsylvania, being 246 East North Street, Carlisle, PA 17013-2538 Parcel No. 02-21-0318-184 • (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $88,720.67 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL those certain tracts of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: TRACT 1: BEGINNING at a point in the southern side of East North Street, which point is the northwest corner of a lot of ground now or formerly of Sallie M. Windowmaker and Frank Walters; thence southwardly through the center of the partition wall erected between the house on the lot hereby conveyed and the house on the lotnow or formerly of Salhe M. Windowmaker andfrankWaltets-, a distance of -or feet to a pointin line of land now or formerly of the John Spahr Estate; thence westwardly along lands of the latter, a distance of 15 feet to a point in the line of lands now or formerly of Edwin E. Hefflefinger and Evelyn M. Hefflefinger, his wife; thence northwardly and through the center of the partition wall erected between the house on the lot hereby being conveyed and the house on the lot now or formerly of the said Edwin E. Hefflefinger and Evelyn M. Hefflefinger, his wife, a distance of 61 feet to a point in the southern side of East North Street; thence eastwardly along said East North Street a distance of 15 feet to a point, the Place of BEGINNING. I 11 LE TO SAID PREMISES IS VES l'ED IN Scott Lawrence and Melissa A., Lawrence, married, h/w, by Deed from Scott Lawrence and Melissa A. Hansen, nka Melissa A. Lawrence, dated 08/03/2009, recorded 08/28/2009 in Instrument Number 200930186. PREMISES BEING: 246 East North Street, Carlisle, PA 17013-2538 PARCEL NO. 02-21-0318-184 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.cepa.net OCWEN LOAN SERVICING, LLC Vs. NO 13-6345 Civil Term CIVIL ACTION — LAW SCOTT LAWRENCE MELISSA A. LAWRENCE WRIT OF EXECUTION 'TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $88,720.67 L.L.: $.50 Interest FROM 08/30/14/ TO DATE OF SALE ($14.58 PER DIEM) - $1,399.68 Atty's Comm: Due Prothy: $2.25 Atty Paid: $244.78 Other Costs: Plaintiff Paid: Date: 09/02/14 David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: Adam H. Davis, Esq. Address: Phelan Hallinan, LLP, 1617 JFK Blvd., Ste. 1400, One Penn Center Plaza, Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 203034 Phelan Hallinan, LLP 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 OCWEN LOAN SERVICING, LLC Plaintiff v. SCOTT LAWRENCE MELISSA A. LAWRENCE Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas c-) -13 3 rnw fri CUMBERLAND Car z No.: 13-6345-CIVIIc/ Z c) Civil Division :01 WV 6-100 hlOZ 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 October 30, 2013. 2. Judgment was entered on September 2, 2014 in the amount of $88,720.67. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 3, 2014. 926054 1 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest To December 4, 2014 Legal fees Cost of Suit and Title Property Preservation Mortgage Insurance Premium to be Paid Pending Property Preservation Escrow Deficit $85,222.61 $9,374.40 $1,550.00 $1,183.30 $155.00 $110.88 $120.00 $7,055.54 TOTAL $104,771.73 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 8, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) is 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 Plaintiff's Motion for Special Service dated April 2, 2014. 926054 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: /o /, Ar Phelan Hallinan, LLP By: JJ/athan Lobb, Esquire ATTORNEY FOR PLAINTIFF 3 926054 Phelan Hallinan, LLP 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 OCWEN LOAN SERVICING, LLC Plaintiff v. SCOTT LAWRENCE • MELISSA A. LAWRENCE Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6345 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE SCOTT LAWRENCE and MELISSA A. LAWRENCE 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 246 EAST NORTH STREET, CARLISLE, PA 17013-2538. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 926054 1 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 926054 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 Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the 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 are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor 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 926054 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. W. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 926054 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 926054 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 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. 926054 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 926054 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: 10/8P Bv: Phelan Hallinan, LLP onathan Lobb, Esquire Attorney for Plaintiff 8 926054 Exhibit "A" PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFKBoulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 OCWEN LOAN SERVICING, LLC Attorney for Plaintiff CUMBERLAND COUNTY f••J vs. SCOTT LAWRENCE MELISSA A. LAWRENCE COURT OF COMMON PLEAS CIVIL DIVISION : No. 13 -6345 -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 SCOTT LAWRENCE and MELISSA A. LAWRENCE, 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 $88,720.67 TOTAL $88,720.67 I hereby certify that (1) the Defendantslast known addresses are 246 EAST NORTH STREET, CARLISLE, PA 17013-2538 and PO BOX 442, GREENVILLE, ME 04441-0442, and (2) that notice has been given in accordance with Rule Pa_R.C.P 237.1. Date /1/ Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: V09/75‘1 PH # 926054 rt 4 • a* 9.53442 g-0- 310471 tI Lj6 4s ht.,:ie4 PROTHONOTARY 926054 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 October 2, 2014 SCOTT LAWRENCE MELISSA A. LAWRENCE 246 EAST NORTH STREET CARLISLE, PA 17013-2538 RE: OCWEN LOAN SERVICING, LLC v. SCOTT LAWRENCE and MELISSA A. LAWRENCE Premises Address: 246 EAST NORTH STREET CARLISLE, PA 17013 CUMBERLAND County CCP, No. 13 -6345 -CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 10/7/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff Enclosure 926054 Phelan Hallinan, LLP 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 OCWEN LOAN SERVICING, LLC Plaintiff v. SCOTT LAWRENCE MELISSA A. LAWRENCE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6345 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. SCOTT LAWRENCE MELISSA A. LAWRENCE 246 EAST NORTH STREET CARLISLE, PA 17013-2538 DATE: By: SCOTT LAWRENCE MELISSA A. LAWRENCE PO BOX 442 GREENVILLE, ME 04441-0442 Phelan Hallinan, LLP Jo an Lobb, Esquire TORNEY FOR PLAINTIFF 926054 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 October 8, 2014 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: OCWEN LOAN SERVICING, LLC v. SCOTT LAWRENCE and MELISSA A. LAWRENCE CUMBERLAND County CCP, No. 13 -6345 -CIVIL Dear Sir or Madam: Enclosed for filing please find Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return a time -stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. Very truly yo rs, Jo a han Lobb, Esq., Id. No.312174 Attorney for Plaintiff Enclosure cc: SCOTT LAWRENCE MELISSA A. LAWRENCE 926054 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA OCWEN LOAN SERVICING, LLC Plaintiff v. SCOTT LAWRENCE MELISSA A. LAWRENCE Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6345 -CIVIL RULE AND NOW, this q. day of Defrt,W 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. C-) c -7" 926054 Jonathan Lobb, Esq., Id. No.312174 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 SCOTT LAWRENCE MELISSA A. LAWRENCE 246 EAST NORTH STREET CARLISLE, PA 17013-2538 d9pnuCled Av-c SCOTT LAWRENCE MELISSA A. LAWRENCE PO BOX 442 GREENVILLE, ME 04441-0442 926054 926054 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 OCWEN LOAN SERVICING, LLC Plaintiff vs. SCOTT LAWRENCE MELISSA A. LAWRENCE FR ET ,•-11'1t_%Li'L, tit.3i l� • ATTORNEY FOR PLAINTIFF 0 T 57 Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6345 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 14, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. SCOTT LAWRENCE MELISSA A. LAWRENCE 246 EAST NORTH STREET CARLISLE, PA 17013-2538 DATE: tbk2 (/1/ By: SCOTT LAWRENCE MELISSA A. LAWRENCE PO BOX 442 GREENVILLE, ME 04441-0442 Phelan Hallinan, LLP Just' .eski, ' sq., Id. No.200392 Attu ey for Plaintiff 926054 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 Attorney for Plaintiff,. r,. i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OCWEN LOAN SERVICING, LLC CUMBERLAND COUNTY Plaintiff, v. SCOTT LAWRENCE MELISSA A. LAWRENCE Defendant(s) '_ VIA COURT OF COMMON PLEAS CIVIL DIVISION . No.: 13 -6345 -CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: /O(Lr/7 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 926054 Name and Phelan Hallinan, LLP Address 1=k 1617 JFK Boulevard, Suite 1400 Of Sender One Penn Center Plaza Philadelphia, PA 19103 Line Article Number 1 2 3 4 5 srs*• sets, Total Number of Piens Lind by Sender ,tZKICET • 12/03/2014 SALE Name or Addressee, Street, and Post Office Address TENANT/OCCUPANT 246 EAST NORTH STREET CARLISLE, PA 17013.2538 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare. P.O. Box 2675 Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice U.S. Attorney for The Middle District or PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburp. PA 171084754 :. 'REf'SCOT'l' LAWRENCE CUMBERLAND) PH 4 926054/1021 Form 3877 Facsimile Tnul Number DIN.. Received es Post OM. Page 1 of 1 Writ Team Postage 50.47 $0.47 50.47 52.35 Ibsimesut. Per (Name of Receiving Employee) The loll declaration of value is required on .11 dmnenic mei inlerrnlhrrW registered moil. The maximum indemnity payabk far the reconaneuun of nonnegotiable documents under Express Mail document reconstruction insurance is S50,0tn Per pi c subject to a limit of 5500.000 per occurrence. The maximum Indemnity payable on Express Moil mercNdise. is SS00. The maximum indemnity payable is 125,000 for regkleeed null, sent with optional in,umrce. See nnrresrie Mail Manual 59005913 and S921 mr liminniom of emenae. Phelan Hallinan, LLP 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 OCWEN LOAN SERVICING, LLC Plaintiff vs. SCOTT LAWRENCE MELISSA A. LAWRENCE Defendants r It ET) -OFFICE Cf THE i- ;L TIIOUOTARY 231 NOV - 7 AmQR 1EY FOR PLAINTIFF CU#13EPl..f,' D COUNTY PENNSYLVANIA Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6345 -CIVIL MOTION TO MAKE RULE ABSOLUTE OCWEN LOAN SERVICING, 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 October 9, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about October 14, 2014 directing the Defendants to show cause by November 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 October 22, 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. Defendants failed to respond or otherwise plead by the Rule Returnable date of November 3, 2014. 926054 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: HA* By: Jonathobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 3 926054 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA OCWEN LOAN SERVICING, LLC Plaintiff v. SCOTT LAWRENCE MELISSA A. LAWRENCE Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6345 -CIVIL RULE AND NOW, this day of od-t, 54e 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to 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 T COURT c=) CD CI —4 926054 k1 Exhibit "B" Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 nc; ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 iF One Penn Center Plaza Philadelphia, PA 19103 Ci justin.kobeski@phelanhallinan.com , 215-563,7000 OCWEN LOAN SERVICING, LLC Plaintiff vs. SCOTT LAWRENCE MELISSA A. LAWRENCE Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 13-634 5-CATiv6, FiLt copy FilF PO104111 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 14, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be grantedwas served upon the following individuals on the date indicated below. SCOTT LAWRENCE MELISSA A. LAWRENCE 246 EAST NORTH STREET CARLISLE, PA 17013-2538 By: SCOTT LAWRENCE . MELISSA A. LAWRENCE PO BOX 442 GREENVILLE, ME 04441-0442 Phelan Hallinan, LLP q., Id. No.200392 y for Plaintiff 926054 Phelan Hallinan, LLP 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 OCWEN LOAN SERVICING, LLC Plaintiff vs. SCOTT LAWRENCE MELISSA A. LAWRENCE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6345 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. SCOTT LAWRENCE MELISSA A. LAWRENCE 246 EAST NORTH STREET CARLISLE, PA 17013-2538 DATE: 0(0 //y By: SCOTT LAWRENCE MELISSA A. LAWRENCE PO BOX 442 GREENVILLE, ME 04441-0442 Phelan Hallinan, LLP Jona U h Lobb, Esq., Id. No.312174 Attorney for Plaintiff 926054 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 vs. SCOTT LAWRENCE CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -6345 -CIVIL MELISSA A. LAWRENCE Defendants AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail, to SCOTT LAWRENCE on 10/9/2014 in accordance with the Order of Court dated 4/2/2014. The property was posted on 9/20/2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. DATE: do. Phelan Hallinan, LLP By: Jonathan Esq., Id. No.312174 Attorney or Plaintiff • IN THE COURT OF COMMON YLEAS • • " CUMBERLAND COUNTY, PENNSYLVANIA. OCWEN LOAN SERVICING, LLC • •• *Plaintiff VS: SCOTT LAWRENCE MELISSA A. LAWRENCE Defendants Court of Common Pleas • Civil Division • CUMBERLAND County • No. 13 -6345 -CIVIL ORDER AND NOW, this 2.4. • day of • 414)41 , 2014, upon consideration of Plaintiff s • motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED, that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C)*, on the above captioned Defendants, SCOTT LAWRENCE, by: . Posting of the premises: 246:EA-ST /stORTH.STREET, CARLISLE, PA 170132538 by the Sheriff or a non-party competent adult; and • .••.. • •• • • • , • • • 2. . First class Mailto. SCOTT.LAWRENCE at Pe.;.0B6X 442,. QREENVILLE,.. MB 04441-0442, and the mortgaged premises located. at.246 EAST NORtH STREET, ° CARLISLE, PA 17013-2538. Service' by' rnail is Complete. uPon the date ot mailing.' • PH 4 926054/NRU • • It is furtberORDERED and DECREED that counsel for Plaintiff is hereby directed to. file a certificate of service with the Prothonotary's'office.to ensure compliance with this Court Order. *Prior to fulfilling the requirements of service of Notice of Sale as set forth attempt service as set forth in Pa.RCP. 3129.2(c)(1)(i) (A) or (B). In the successful, Plaintiff may proceed with service of the Notice of Sale in coti1 Cc: SCOTT LAWRENCE .. . 246 EAST NORTH STREET CARLISLE, PA 17013-2538 WILLIAM WITHERSPOON, ESQ. 125 UNION AVE PO BOX 7 LAKEHURST, NJ 08733-2931 SCOTT LAWRENCE 63 STAGECOACH ROAD SOUTHAMPTON, N108088 Leck_ /y J. ris Order, Plaintiff must first nt this attempted service is not ity with this Order. MELISSA, A. LAWRENCE 246 EAST NORTH STREET CARLISLE, PA 17013-2538 MELISSA A. LAWRENCE PO BOX 442 GREENVILLE, ME 04441-0442 PH # 926054/NRU latae and PHELAN HALLINAN, LLP. Address maiiit ne Penn Center at Suburban, Suite 1400 of Sender JIFItilisdelptilst, PA 19103 Line Article Number Name of Addressee, Street and Post Office Address a Scott Lawrence 246 East North Street Carlisle, PA 17013-2538 Scott Lawrence PO Box 442 Greenville, ME 44441-0442 3 • (s. 4444 7 4444:. 9 4444 10 fff4 11 44*. 12 0000 13 4fff 14', 15 RE , Scott Lawrence PH: 926054 Ctlmberlanct Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) 1�4 S CERTIFICATE OF MAIL OS PLAINTIFF OCWEN LOAN SERVICING, LLC DEFENDANT SCOTT LAWRENCE MELISSA A. LAWRENCE AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PH # 926054 SERVICE TEAM/ lxh COURT NO.: 13 -6345 -CIVIL SERVE SCOTT LAWRENCE AT: 246 EAST NORTH STREET CARLISLE, PA 17013-2538 **PLEASE POST PROPERTY IF UNABLE TO OBTAIN SUCCESSFUL SERVICE**PLEASE POST PROPERTY ON YOUR LAST ATTEMPT** SERVED TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 Served and de know11 to SCOTT LAWRENCE, Defendant on the.2(�' maday of SEPT£41,602, 2011 , at 6: , o'clock,. M., at 244 E ./VoAm ST, CA -02.14 RC, PA, in the manner described below: Defendant personally 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: POSM.h PP -OP -Zia Description: Age Height Weight Race Sex Other Ronald Mo[ �o5Td1) I, , a competent adult, hereby verify that I personally heeded a true and correct copy of the Notice of Sheriff's 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: '/ o� I NAME: PRINTED NAME: ROria{d MU{i TITLE: Process Server NOT SERVED On the dayof , 20 , at o'clock M., I, , a competent adult hereby state that Defendnt NOT FOUND because: — Vacant _ Does Not ExistMoved _ Does Not Reside (Not Vacant) _ No Answer on 9111-114 at r40 p114 _ of 1?'1 4 at 1 O; f S _ Service Refused 4714 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 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA OCWEN LOAN SERVICING, LLC Plaintiff vs. SCOTT LAWRENCE MELISSA A. LAWRENCE Defendants 4 F tLEO-C'r FIC Y Cii= THE PRO HONG tA! 21114 NOV 13 P11 3: 13 Court of Common SYLT Y S VNNIIA Civil Division CUMBERLAND County No.: 13 -6345 -CIVIL ORDER AND NOW, this 17" day of Nafsa<e" , 2014, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above 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 December 4, 2014 Legal fees Cost of Suit and Title Property Preservation Mortgage Insurance Premium to be Paid Non Sufficient Funds Charge Escrow Deficit $85,222.61 $9,374.40 $1,550.00 $1,183.30 $155.00 $110.88 $120.00 $7,055.54 TOTAL $104,771.73 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. pasis.cL J. VSs Sces+t- 1. Psa1- !!/l3//f 926054