HomeMy WebLinkAbout14-1511 Supreme Court-.of _P nnsylvania
Cour , Comm Pleas For Prothonotary Use Only:
aviltGover
Met
CtMB , '$;i County Docket No: f
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required by law or rules o court.
S Commencement of Action:
❑D Complaint ❑ Writ of Summons ❑ Petition
E+ ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiff's Name: BANK OF AMERICA, N.A. Lead Defendant's Name: WILLIAM M. MUELLER
T
I Are money damages requested? ❑ Yes 0 No Dollar Amount Requested: ❑ within arbitration limits
0 (Check one) ❑x outside arbitration limits
N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes 0 No
A Name of Plaintiff /Appellant's Attorney: Jonathan Lobb. Esq., Id. No.312174 Phelan Ballinan LLP
❑ Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ Nuisance ❑ Dept. of Transportation
❑ Premises Liability ❑ Statutory Appeal: Other
❑ Product Liability (does not
S include mass tort) ❑ Employment Dispute:
E ❑ Slander/Libel/ Defamation Discrimination
❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board
C ❑ Other:
T
I MASS TORT ❑ Other:
0 ❑ Asbestos
N ❑ Tobacco
❑ Toxic Tort - DES
❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration
B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations
® Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto
• Dental ❑ Partition ❑ Replevin
• Legal ❑ Quiet Title ❑ Other:
❑ Medical ❑ Other:
❑ Other Professional:
Pa.R.C.P. 205.5 Updated 01/01 /2011
Jonathan han L bb, Eq. Id. N 312174 PENNs YL A N f, " T �
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza ATTORNEY FOR PLAINTIFF
Philadelphia, PA 19103
Jonathan.Lobb @phelanhallinan.com
215 -563 -7000
BANK OF AMERICA, N.A.
7105 CORPORATE DRIVE COURT OF COMMON PLEAS
PLANO, TX 75024
CIVIL DIVISION
Plaintiff
V. TERM
WILLIAM M. MUELLER NO.I
262 BEECHWOOD DRIVE
DILLSBURG, PA 17019 -1106 CUMBERLAND COUNTY
Defendant
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 942967 /� A /0c,7 /c
1. Plaintiff is
BANK OF AMERICA, N.A.
7105 CORPORATE DRIVE
PLANO, TX 75024
2. The name(s) and last known address(es) of the Defendant(s) are:
WILLIAM M. MUELLER
262 BEECHWOOD DRIVE
DILLSBURG, PA 17019 -1106
who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described.
3. On 03/02/2011 WILLIAM M. MUELLER made, executed and delivered a mortgage
upon the premises hereinafter described to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. AS NOMINEE FOR EMBRACE HOME LOANS,
INC., which mortgage is recorded in the Office of the Recorder of Deeds of
CUMBERLAND County, in Mortgage Instrument No. 2011.08718. By Assignment of
Mortgage recorded 08/20/2012 the mortgage was assigned to PLAINTIFF, which
Assignment is recorded in Assignment of Mortgage Instrument No. 201225257.The
mortgage and assignment(s), if any, are matters of public record and are incorporated
herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the
Plaintiff from its obligations to attach documents to pleadings if those documents are of
public record.
4. BANK OF AMERICA, N.A., directly or through an agent, has possession of the
promissory note. The promissory note is either made payable to BANK OF AMERICA,
N.A. or has been duly endorsed.
5. The premises subject to said mortgage is described as attached.
File #: 942967
6. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 07/01/2012 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of Mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
7. The following amounts are due on the mortgage as of 02/24/2014:
Principal Balance $124,11.6.21
Interest $11,131.68
06/01/2012 through 02/28/2014
Late Charges $44.12
Escrow Advances $5,992.14
TOTAL $141,284.15
8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's
Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in
2008, and /or Notice of Default as required by the mortgage document, as applicable, have
been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as
provided by said notice has terminated because Defendant(s) has/have failed to meet with
the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied
assistance by the Pennsylvania Housing Finance Agency.
File #t: 942967
10. This action does not come under Act 91 of 1983 because the mortgage is FHA - insured.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$141,284.15, together with interest, costs, fees, and charges collectible under the mortgage
including but not limited to attorney fees and costs, and for the foreclosure and sale of the
mortgaged property.
PHELAN HALLINAN, LLP
By:
Jona an Lobb, Esq., Id. No.312174
Attorney for Plaintiff
File #: 942967
LEGAL DESCRIPTION
THE land referred to herein below is situated in the county of Cumberland, state of Pennsylvania
in deed book 163 at page 577 and is described as follows:
ALL THAT CERTAIN lot, piece or parcel of land situate in the borough of Shiremanstown,
county of Cumberland and commonwealth of Pennsylvania, bounded and described as follows,
to -wit:
BEGINNING at a point on the north side of East Main street, said point being 100 feet
westwardly from the northeast corner of Main & High streets; thence along Main street
eastwardly 50 feet to a point; thence northwardly at right angles to Main street; thence 150 feet
to a 14 feet wide alley; thence along said alley westwardly 50 feet to a point at line of other land
now or late of Frey; thence by the same southwardly 150 feet to Main street, the place of
beginning.
BEING THE SAME PROPERTY described in the deed to William M. Mueller from J. Harry
Frey and Teri L. Frey, his wife recorded on August 28, 1997 in book 163 at page 577, of the
public records of Cumberland county, Pennsylvania.
APN: 37 -23- 0555 -191
PROPERTY ADDRESS: 305 EAST MAIN STREET, SHIREMANSTOWN, PA 17011-
6320
PARCEL #37 -23- 0555 -191.
File #: 942967
VERIFICATION
hereby states that 6she is /6 SfAWJ )6 6 W of BANK OF
AMERICA, N.A., Plaintiff in this matter, that &she is authorized to make this Verification, and
verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true
and correct to the best of 1(/her information and belief. The undersigned understands that this
statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
DATE:
Name: b�cQel�
Title: A"t� Vv vfe� QP,j
BANK OF AMERICA, N.A.
File #: 942967
Name: MUELLER
File #: 942967
IN THE COURT OF COMMON
PLEAS
Plaintiff(s) OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
Defendant(s) y
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 an attorney, you must take the following steps to be eligible for a conciliation
conference. First, within twenty (20) days of your receipt of this notice, you must contact 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 the legal representative within twenty (20) days of the appointment date. During that meeting, you must
provide the legal representative with all the requested financial information so that a loan resolution proposal can be
prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached
hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which
must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so
and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender
in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds
forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible
for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of
a legal representative. However, you must provide your lawyer with all the requested financial information so that a
loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in
the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court,
which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If
you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of
your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit
proceeds forward,
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
Date Sign of Counsel for Plaintiff .�
_0." _r
vi r
< CD
tip CD C
File #: 942967
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Please Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your Please provide the following information to the best of
your knowledge:
CUSTONIER/PRINIARY APPLICANT
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address (if different):
City: State:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
CO-BORROWER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
FINANCIAL INFORMATION
First Mortgage Lender: Type of Loan:
Loan Number: Date you Closed Your Loan:
Second Mortgage Lender: Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of Last Payment:
File #: 942967
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ❑ No ❑
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1: Model: Year:
Amount owed: Value:
Automobile #2 : Model: Year:
Amount owed: Value:
Other transportation (automobiles, boats, motorcycles) Model: Year: Amount
owed: Value
Monthly Income
Name of Employers:
1.
2.
3.
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co- Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2 °a Mortgage Utilities
Car Payment(s) Condo/Neigh. Fees
Auto Insurance Med. (not covered
Auto fuel/repairs Other prop. payment
Install. Loan Payment Cable TV
Child Su ort/Alim. Spending Mone
Day /Child Care /Tait. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ❑ No ❑
File #: 942967
3
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance?
Yes ❑ No ❑
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Yes ❑ No ❑
If yes, please indicate the status of those negotiations:
Please provide the following information, if you know, regarding your lender or lender's loan servicing company:
Lender's Contact (Name): Phone:
Servicing Company (Name):
Contact: Phone:
AUTHORIZATION
I/We, authorize the above named
to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for
possible mortgage options. I/We understand that Uwe am /are under no obligation to use the services provided by the
above named
Borrower Signature Date
Co- Borrower Signature Date
Please forward this page along with the following information to lender:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (hardship letter)
6. Listing agreement (if property is currently on the market)
File #: 942967
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 #: 942967
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND CoUNT Y
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Bank of America N.A.
vs.
William M Mueller
Case Number
SHERIFF'S RETURN OF SERVICE
U317/ O14 Shar�Ronny R Anderson, being duly sworn according 0o�w.oby�nhe made dihgen search and inquiry
for the wbhinnamed Defendant tow�V@Uiam�NN1ueUe� but was unable ho�oaba the Defendant inthe
Shehf�sboi|ivvick.The Shehfftherefore deputizes the Sheri�of York, Pennsylvania toaomo the w�hin
Notice oyRooidonha|N1odgogeFonedooureDivemion Program and Complaint inN1o�gogeForeclosure
according to law.
03/18/2014 O8:O7AM' Ronny R Anderson, Shn��being duly sworn accnrdi to law, states he made diligent search
and inquiry for the wbhinnamed Defendant tuv�tVW|\iamN1N1ue||ar. but was unable to locate the
Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice ofReo/denda/
N1o�gageForeclosure Diversion Program and Complaint in[No�gaga Foreclosure ay''Not Found" et3O5
E.[Nain Street, ShinamanatovvnBorough, Shiremanstown, PA17O11. Residence isvacanL
03/25/2014 The requested Notice of Residential [Wo�gageForeclosure Diversion Program and Complaint in
K8n�gageForeclosure samedby the Shehffof York County upon She|a Long, Ex'wife.vvhn accepted for
William M Mueller, at 262 Beechwood Drive, D/||sburg, PA 17019. Richard P. Keuedober, Sheriff, Return
ofSomicaaMeohedto and made pa�of the vvithinrecord.
SHERIFF COST: $89.95 SO ANSWERS,
k�noh31.2O14 RONNYR ANDERSON, SHERIFF
{c) CountySuiie Sheriff, Tefiefosoft.
Richard P Keuerleber
Sheriff
Reuben 13 Zeager
Chief Deputy, Operations
SHERIFF'S OFFICE OF YORK COUNTY
PETER J. MANGAN, ES
Solid
Richard E Rice
Chief Deputy, Administrate
BANK OF AMERICA, N.A
VS.
WILLIAM M. MUELLER
Case Number
14-1511 CIVIL
SHERIFF'S RETURN OF SERVICE
03/25/2014 09:20 AM - DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, SERVED
THE REQUESTED NOTICE OF RESIFENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM
BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE SHELA LONG,
EX-SPOUSE, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR WILLIAM M. MUELLER AT
262 BEECHWOOD DRIVE, DILLSBURG, PA 17019.
MICHAEL
NOVAN, DEPUTY
SHERIFF COST $73.40 e ERS,
March 26, 2014
Affirmed and subscribed to before me this
26TH day of MARCH
NOTARY
2014
EUERLEBER, SHERIFF
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Lisa L. Thorpe, Notary Public
City of York, York County
My-Commission Expires Aug: 12, 2017-
t'IMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES
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
BANK OF AMERICA, N.A.
Plaintiff
vs.
2614 APR 2 I AM 9: 30
L k13 GO lad
PENNSYLVANIA
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: CUMBERLAND COUNTY
WILLIAM M. MUELLER : No. 14- 1511 -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:
/mlr, Svc Dept.
File# 942967
PHELAN H • AN, LLP
Emily M. Phelan, Esq., Id. No.315250
Attorney for Plaintiff
am/tit-II pia/5
�# vci(o 37
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson r 1 C-
Sheriff fi.l ' THE P[ OT HONG h=it
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
2 t MAY 20 PH 3: ; I,
CUMBERLAND COUNTY
PENNSYLVANIA
Bank of America N.A.
vs. Case Number
William M Mueller 2014-1511
SHERIFF'S RETURN OF SERVICE
04/25/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: William M Mueller, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within
Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure
according to law.
05/01/2014 09:46 AM - The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint
in Mortgage Foreclosure served by the Sheriff of York County upon William M Mueller, personally, at 262
Beechwood Drive, Dillsburg, PA 17019. Richard Keuerleber, Sheriff, Return of Service attached to and
made part of the within record.
SHERIFF COST: $37.00 SO ANSWERS,
May 15, 2014 RONNY R ANDERSON, SHERIFF
(c) Cou-ttysuite sheriff. Te osoft, 6rc.
Richard P Keuerleber
Sheriff
Michael S. Hose
Chief Deputy, Operations
BANK OF AMERICA, N.A
vs.
WILLIAM M. MUELLER
SHERIFF'S OFFICE OF YORK COUNTY
PETER J. MANGAN, ES
Solici
Richard E Rice
Chief Deputy, Administrate
Case Number
14-1511 CIVIL
SHERIFF'S RETURN OF SERVICE
05/01/2014 09:46 AM - DEPUTY COREY STRINE, BEING DULY SWORN ACCORDING TO LAW, SERVED THE
REQUESTED NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM BY
"PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE
DEFENDANT, TO WIT: WILLIAM M. MUELLER AT 262 BEECHWOOD DRIVE, DILLSBURG, PA 17019.
SHERIFF COST: $44.28
May 13, 2014
NOTARY
Affirmed, and subscribed to before me this
13tH day of MAY 2014
REY STRINE, DEPUTY
SORS,
RICHARD P KE ERLE ER, SH IFF
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sheila E. Cook, Notary Public
City of York, York County
My Commission Expires Feb. 1, 2017
MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES
PHELAN HALLINAN, LLP
Michael Dingerdissen, Esq., Id. No.317124
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Michael .Dingerdissen @phelanhallinan.com
215-563-7000
BANK OF AMERICA, N.A.
vs.
WILLIAM M. MUELLER
F U OF (CE
OF THE PROTHONOTARY
Attorney for Plaii3ai lj AUG -8 AM 10... J 0
CUMBERLAND COUNTY
PENNSYLVANIA
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: No. 14 -1511 -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 WILLIAM M. MUELLER,
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
TOTAL
$141,284.15
$141,284.15
I hereby certify that (1) the Defendant's last known addresses are 262 BEECHWOOD
DRIVE, DILLSBURG, PA 17019-1106 and 305 EAST MAIN STREET, SHIREMANSTOWN,
PA 17011
-6320, and (2) that notice has been given in accordance with Rule Pa .C.P 237.1.
f
Date
Michael Dingerdissen, Esq., Id.
No.317124
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: 8 l
PH # 942967
al A
jqq. 7o
k-14- 36911k.,
Mo4-1/i
PROTHONOTARY
942967
PHELAN HALLINAN, LLP
Michael Dingerdissen, Esq., Id. No.317124
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Michael .Dingerdi ssen @phelanhallinan.com
215-563-7000
Attorney for Plaintiff
BANK OF AMERICA, N.A. : CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
vs.
: CIVIL DIVISION
WILLIAM M. MUELLER
: No. 14 -1.511 -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) WILLIAM M. MUELLER is not in the Military or
Naval Service of the United States or its Allies, or otherwise within the provisions of the
Servicemembers Civil Relief Act, as amended.
(b) that defendant WILLIAM M. MUELLER is over 18 years of age and resides
at 262 BEECHWOOD DRIVE, DILLSBURG, PA 17019-1106 and 305 EAST MAIN STREET,
SHIREMANSTOWN, PA 17011-6320.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date
Phelan Hallinan, LLP
Michael Dingerdissen, Esq., Id. No.317124
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
942967
Department of Defense Manpower Data Center
StatusRetrt
Pursuant to Servicementhers Civil Relief Act
Last Name: MUELLER
First Name: WILLIAM
Middle Name: M
Active Duty Status As Of: Aug -07-2014
Results as of : Aug -07-2014 12:07:43 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 Active Duty Status Date
Left Active Duty Within 367 Das of Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA -
No
NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
NA
No
NA
This response reflects whether the indivkfual 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 Uhiformed,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.
v�.
Mary M. Snavely -Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
BANK OF AMERICA, N.A. COURT OF COMMON PLEAS
WILLIAM M. MUELLER
Plaintiff
Defendant(s)
TO: WILLIAM M. MUELLER
262 BEECHWOOD DRIVE
DILLSBURG, PA 17019,-11106
DATE OF NOTICE:. J f Ii
CIVIL DIVISION
NO. 14 -1511 -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
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6195
By:
PH # 942967
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
17) 249-3166
ichael Dingerdissen, Esq., Id. No.317124
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
BANK OF AMERICA, N.A. COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
v.
WILLIAM M. MUELLER NO. 14 -1511 -CIVIL
Defendant(s)
TO: WILLIAM M. MUELLER
305 EAST MAIN STREET
SHIREMANSTOWN, PA 17011-6320
DATE OF NOTICE:
CUMBERLAND COUNTY
THIS FIRM IS A DEBT COLLECTOR AI EMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle. PA 17013
(717) 240-6195
By:
P # 942967
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
717) 249-3166
Michaeldissep Esq., Id. No.317124
Attorney for Plaintiff
Phelan Hallinan, LLP
16] 7 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
(Rule of Civil Procedure No. 236) - Revised
BANK OF AMERICA, N.A. : CUMBERLAND COUNTY
vs. : COURT OF COMMON PLEAS
WILLIAM M. MUELLER
: CIVIL DIVISION
: No. 14 -1511 -CIVIL
Notice/is given that a Judgment in the above captioned matter has been entered
against you on 8/// .
If you have any questions concerning this matter please contact:
Phelan Hallinan, LLP
Michael Dingerdissen, Esq., Id. No.317124
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. **
942967