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HomeMy WebLinkAbout14-1783 Supreme Court of Pennsylvania Cour{ Common Pleas t Foi Use 001 Civ l•Cover �l�eef Cumberlalild4 County Dod et No ' : y� The information collected on this form is used solely for court administration purposes. This form does not Supplement or replace thefiling and service o leadin s or other papers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition S ❑ Transfer from another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff Name: Lead Defendant's Name: LAKEVIEW LOAN SERVICING, LLC BRANDON MILLER C HEATHER MILLER T I Dollar Amount Requested within arbitration limits (} Are money Damages requested ?: ❑Yes No 1 (Check one) X outside arbitration limits Is this a Class Action Suit? ❑ Yes ® NO Is this an MDJ Appeal? ❑ Yes NO Name of Plaintiff/appel]ant's Attorney: KML Law Group, P.C. ❑ Check here if you are a Self (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 APPEAL ❑ 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 ❑ Zoning Board ❑ Product Liability (does not include ❑ Statutory Appeal: Other 1E mass tort) ❑ Employment dispute: C ❑ Slander/Libel Defamation Discrimination ❑ Other ❑Employment Dispute: Other T ❑ Other: I 0 MASS TORT ❑ Other iN ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory ❑ Toxic Waste ❑ Eminent Domain/Condemnation Arbitration B ❑ Other ❑ Ground Rent ❑ Declaratory Judgment ❑ Landlord/Tenant Dispute ❑ Mandamus Mortgage Foreclosure: Residential ❑ Non- Domestic Relations PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial Restraining Order • Dental ❑ Partition ❑ Quo Warranto • Legal ❑ Quiet title ❑ Replevin ❑ Medical ❑ Other Professional: ❑ Other ❑ Other Pa.RC.P. 205.5 Updated 1/1/2011 KML LAW GROUP, P.C. 'SUITE 5000 - BNY MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413 -2311 2 E dtfi.i W W W.KMi.LAWGROI JP.COM LAKEVIEW LOAN SERVICING, LLC C 'a ti� r ,,,`F COURT OF COMMON PLEAS 0 Ct� 4425 Ponce De Leon Blvd. � � E N, NS Y LY N i A Mailstop MS5 /251 OF Cumberland COUNTY Coral Gables, FL 33146 Plaintiff CIVIL ACTION - LAW vs. BRANDON MILLER ACTION OF MORTGAGE FORECLOSURE HEATHER MILLER Mortgagor(s) and Record Owner(s) 81 West Main Street PJVIL ACTIOWmoRT AGN New Kingstown, PA 17072 FO;LOqum Q Defendant (s) NOTICE Wl 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 the 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 claim in the Complaint of 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 OR CANNOT AFFORD ONE, 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717- 243 -9400 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. G� %%& C tj* - 7(P .r, . e"IA Ai3O SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717- 243 -9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. RESOURCES AVAILABLE FOR HOMEOWNERS IN FORECLOSURE ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243 -9400. 2). Call the Consumer Credit Counseling Agency at 1- 800 - 989 -2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http: / /w /consumers /homeowners /real.aspx 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http : /hvNvw.philadelpli..iafed.org /foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1- 866 - 413 -2311 or via email at homeretention (LkmllaNvgroup.com Call Seth at 215- 825 -6329 or fax 215- 825 -6429. The figure and /or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825 -6318 or Fax: 215- 825 -6418. Please reference our Attorney File Number of 12982617C. Para informacion en espanol puede communicarse con Loretta al 215- 825 -6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is LAKEVIEW LOAN SERVICING, LLC, 4425 Ponce De Leon Blvd., Mailstop MS5/251 Coral Gables, FL 33146. 2. The name(s) and address(es) of the Defendant(s) is /are BRANDON MILLER, 81 West Main Street, New Kingstown, PA 17072 and HEATHER MILLER, 81 West Main Street, New Kingstown, PA 17072, who is /are the mortgagor(s) and record owner(s) of the mortgaged premises hereinafter described. 3. On July 21, 2011 mortgagor(s) made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR UNITED WHOLESALE MORTGAGE, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County on July 25, 2011 as Instrument#: 201120524. The mortgage has been assigned to: LAKEVIEW LOAN SERVICING, LLC by assignment of Mortgage. Plaintiff is the real party in interest pursuant to an Assignment of Mortgage to Plaintiff attached as Exhibit C. The Mortgage and Assignment(s) (if any) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ( "Property "). 5. The mortgage is in default because the monthly payments are due and unpaid for September 01, 2013 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: PrincipalBalance ................................ ............................... .....................$88,508.24 Interest from 08/01/2013 through 04/01/2014 at 4.7500 % . ......................$2,802.80 Monthly interest rate at $350.35 LateCharges ........................................ ............................... ........................$265.88 Escrow/ Impound Overdraft ................. ............................... ........................$438.68 ProRata MIP ......................................... ............................... ........................$250.53 PropertyInspections ............................... ............................... .........................$42.00 PropertyPreservation ............................. ............................... .........................$14.00 Reasonable Attorney's Fee .................. ............................... ............ ..........$1,650.00 $93,972.13 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. Plaintiff reserves the right to request additional attorney's fees if the complexity of the action results in fees in excess of the amount demanded. Further, Plaintiff will request recovery of all costs incurred in this action including, but not limited to, costs of suit, process serving and skip tracing, title searches, recording costs and any other costs of the action in accordance with the mortgage documents and applicable law. 8. Plaintiff is not seeking a judgment of personal liability (or an " personam judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re- establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose has been sent to Defendants by certified mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania, on the date set forth in the true and correct copy of such Notice attached and incorporated as Exhibit `B ". WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $93,972.13, together with interest at the rate of $350.35, per month and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Note and Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: KML LAW GRO , P.C. Michael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. ID 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 )�:Alyk L. Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 Attorneys for Plaintiff VERIFICATION I Rachel M. Nowicki as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date Rac el M. Nowicki /Vice President #I29826FC - BRANDON MILLER and HEATHER .MILLER 81 West Main Street New Kingstown, PA 1.7072 E,�hifiitA ALL THAT CERTALN house and lot ofgroand sitaate in the Village of Now Kb Wow", Township of Silver Spring, County of Cumberland, and Stair of pmmsylvartia, bounded and descn3ed as Follows, to wit: BOUNDED on the North by the Carlisle to Harrisburg Turnpike; on the East by land fomudy of john Mason Thrush, now or late of' David Reed; on the South by an alley; and on Ole West by lands formerly of the Messiah Church, now or late of William Kapp. CONTALNING 40.00 feet in wi tb. in front on odd Turnpike Road, and 34.00 fW is width in the: rear along said alley, and baving a depth of I88.00 feet„ more or least. HAVING THMON ERECTED a single family re;sidenrial dwellintg known and numbered as 81 W. 'Win Strut (formerly 81 W. Carlisle: hke), Now Kkgptow,4 Pe:nnayTvaaia Commitment - Exhibit A BART THE GU Stewart File #: MILLER - BRANDON � title puarangcompan ALTA Can•nitmert (6 -] 7 -06) - TIR (4 -1 07) ' ( M A_ LER - BRANDON.PFp /MIlJ.ER- BRANDO►yll) . E..x.,hibit *Exhibit has been redacted to remove all personally identifiable information or non-public information M &TBank REPRESENTATION 08MI pFUM A RNT P.O. Box 840 l � Buffalo, NY 14240 9 1969 0043 7100 0217 07 31 1- 750 - 72312 -0000355 -001 -01 -000 -000 -000 -000 BRANDON MILLER 81W MAIN ST NEW KINGSTOWN PA 17072 INTERNET REPRINT FM M &T Bank REPRESENTATION 081WITE" URNT P.O. Box 840 1]� 1 �D�p Buffalo, NY 14240 9207 1969 0043 7100 0217 0754 48 8-750-72312-0000356-00"1 HEATHER MILLER 81W MAIN ST NEW KINGSTOWN PA 17072 INTERNET REPRINT M &TI3ank REPRESENTATION 08FW WnFFNMWUR ►T P.O. Box 840 1] it Buffalo, NY 14240 9207 1969 0043 7100 0217 0754 17 8- 750- 72312 -0 000353 -001 -01 -000 -0 00 -000 -000 BRANDON MILLER 81 JOHN KING LN MECHANICSBURG PA 17050 INTERNET REPRINT 11 &T Bank REPRESENTATION 08FEMEWMQMMARNT P.O. Box 840 Buffalo, NY 14240 9207 1969 0043 7100 0217 0754 24 4- 750 -72312 -0000354-001 -01 -000 -000 -000 -000 HEATHER MILLER 81 JOHN KING LN MECHANICSBURG PA 17050 INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT November 1, 2013 BRANDON MILLER 81 JOHN KING LN MECHANICSBURG PA 17050 Re: Mortgage No.: _2823 Property Address: 81W MAIN ST NEW KINGSTOWN PA 17072 ACT 6 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgagor Customer(s): If you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect the debt against you personally, but is notice of a possible enforcement of the lien against the collateral property. The mortgage held by M &T Bank on your property located at 81W MAIN ST NEW KINGSTOWN PA 17072 IS IN SERIOUS DEFAULT because you have not made the monthly payments for the months of 09/01/2013 through today. Late charges and other charges have also accrued to this date in the amount of $144.70. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $1,628.77. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $1,628.77 plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at M &T Bank, One Fountain Plaza, 7th Floor, ATTN: Payment Processing, Buffalo, NY 14203. If you do not cure this default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately 10 months from the date of this notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 1- 800 - 724 -1633. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID FOR PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. If you have any questions regarding this letter, please feel free to contact our office at 1- 800 - 724 -1633. Sincerely, M &T Bank Homeowner Assistance Center 1- 800 - 724 -1633 XD537 M &T Bank is attempting to collect a debt and any information obtained will be used for that purpose. If you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect the debt against you personally, but is notice of a possible enforcement of the lien against the collateral property. INTERNET REPRINT Ey,hibit C ............. i J I i When Recorded Return To: VERONIKA STEEN M &T BANK ATTN: ASSIGNMENTS PO BOX 1288 BUFFALO, NY 14240 i ' 1 Parcel No. 38 -19- 1621 -061 CORPORATE ASSIGNMENT OF MORTGAGE Cumberland, Pennsylva SELLER'S SERVICING #'1823 "MILLER" SELLER'S LENDER ID #: P95 MERS #: 100032413511070042 SIS #: 1- 888 - 679 -6377 Date of Assignment: January 17th, 2014 Assignor: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ( "MERS ") AS NOMINEE FOR UNITED WHOLESALE MORTGAGE ITS SUCCESSORS AND ASSIGNS Assignee: LAKEVIEW LOAN SERVICING, LLC I hereby certify the precise address of the within named Assignor is 1901 E VOORHEES STREET, SUITE C, DANVILLE, IL 61834. hereby certify the precise address of the within named Assignee is 4425 PONCE DE LEON BLVD, CORAL GABLES, FL 33146. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC is at 1901 E Voorhees Street, Suite C, Danville, IL 61834, P.O. BOX 2026, FLINT, MI 48501 -2026 Executed By: BRANDON MILLER AND HEATHER MILLER, HUSBAND AND WIFE To: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ( "MERS ") AS NOMINEE FOR UNITED WHOLESALE MORTGAGE ITS SUCCESSORS AND ASSIGNS Date of Mortgage: 07/21/2011 Recorded: 07/25/2011 in Book/Reel /Liber: N/A Page /Folio: N/A as Instrument/Document: 201120523 In the County of Cumberland, State of Pennsylvania. 81 W. MAIN ST, NEW KINGSTOWN, PA 17072 in the Township of SILVER SPRING I do certify that the precise address of LAKEVIEW LOAN SERVICING, LLC is 4425 PONCE DE LEON BLVD, CORAL 9ABLES, F 33146 Attested By: , KNOW ALL MEN BY THESE PRESENTS, that for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the said Assignor hereby assigns unto the above -named Assignee, the said Mortgage having an original principal sum of $91,617.00 with interest, secured thereby, with all moneys now owing or that may hereafter become due or owing in respect thereof, and *ANK *ANKMATB *01 /1712014 03:50:39 PM* MATB01 MATBA000000000000000763284* PACUMBE* 823 PASTATE_MORT_ASSIGN_ASSN * *ANKMATB* I { r CORPORATE ASSIGNMENT OF MORTGAGE Page 2 of 2 the full benefit of all the powers and of all the covenants and provisos therein contained, and the said assignor hereby grants and conveys unto the said assignee, the assignor's interest under the Security Instrument. TO HAVE AND TO HOLD the said Security Instrument, and the said property unto the said assignee forever, subject to the terms contained in said Security Instrument. I MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ( "MERS ") AS NOMINEE FOR UNITED WHOLESALE MORTGAGE ITS SUCCESSORS AND ASSIGNS On January 17th. 2014 By: 2iA+.teen, ­ Assistant Ve Secretary STATE OF New York COUNTY OF Erie On the 17th day of January in the year 2014 before me, the undersigned Notary Public in and for said State, personally appeared Veronika A. Steen, Assistant Secretary of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ( "MERS ") AS NOMINEE FOR UNITED WHOLESALE MORTGAGE ITS SUCCESSORS AND ASSIGNS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their capacity(ies), and that by his /her /their signature(s) on the instrument the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. WITNESS my hand and official seal, Bess E. Katerinsky Notary Public State of New York Qualified In Erie County Reg #01 KA6199215 BESS E. KATERINSKY fvly Commisslon Expires 1/12/2017 Notary Expires: 01/12/2017 Qualified in Erie County (This area for notarial seal) I *ANK *ANKMATB *01 /17/2014 03:50:39 PM* MATB01MATBA000000000000000763284* PACUMBE* _2823 PASTATE_MORT_ASSIGN ASSN * *ANKMATB* r ° IN THE COURT OF COMMON PLEAS OFD';'. CUMBERLAND COUNTY, PENNSYLVAA � M LAKEVIEW LOAN SERVICING, LLC Plaintiff vs. Case No. BRANDON MILLER HEATHER MILLER Defendant(s) 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 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 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 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: (Signature & Counsel for Plaintiff) Date / 4W Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDS141P 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: (JJST0MER/PIZI1N'1Al? APPLICANT Borrower names): Property Address: City: State. _ Zip: Is the property for sale? Yes EJ No 0 Listing date: Price: S 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? MRIM Mailing Address; City: State Zip: Phone Numbers: Home: Office: Cell:. Other: Email: ofpeople in household: How long? First Mortgage lender: Type of Loan: Loan Number Date You Closed Your Loan: Second Mortgage fender: Type of Loan: Loan Number: Total Mortgage Payments Amount.* $ Included Taxes & Insurance: Date of Last Payment: PrimaEy &eason for Default: Is the loan in Bankruptcy? Yes El No El AW ff yes, Provide names, location of court, case, number & attorney: Assets A mount Owed Value: Other Real Estate: $ b ._..____.... . Retirement Funds: T, Investments: Checking: Savings: $ Other: $� S Automobile #1- Model: year; Amount owed: —_ Value; Auk mobile #2 : Model: Year: Amournt owed: Value: Other transportation (automobiles boats ,motorcycles) Model: Year: Amount owed: Value Montlify Income Name of Employers: 1, 2 3. Additional Income. Description (not wages ): I . monthly amount: 2. monthly amount :. Borrower Pay Days: _ Co- Borrower Pay Days: Monthly E�xvtnses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mo a e .good 2 Mt�rt a .e Utilities Car pa ment sl Condo/Neigh. Pees Auto Insurance Med. not cove rod Auto fuelfre airs Other prop. payment Install. Loan Payment Cable TV Child Su rtdAlirn. S pendi n Mane Da t1Child Ca rLf uh. Other lax erases Amount Available for Monthly Mortgage Payments Hascd on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes Q No E If yes, please provide the follwA ing information; Counseling Agency: . Couriselor: Phone.(Offce): Fax: �n3ai Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes• [j No E If yes, Tease indicate the status of the application, Have you had any prior negotiations with your tender or lender #s loan servicing company to resolve your delinquency? 'Yes No If yes, please indicate the status of those negotiations: Tease provide the following information, if know, regarding your lender or leader's loan servicing company: Lender's Contact (Narne Tone; Servicing Company (Name): Contact. Phone. T�Ve, 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. l/We understand that I/we am/are under no obligation to use the services provided b y 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: V Proof of income Past bank statements Proof of any expected income for the last 45 days. _Yt Copy of a .current utility bill V Letter explaining reason for delinquency and any supporting documentation . (hardship letter) Listing agrtewent (if property is currently on the market) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY LAKEVIEW LOAN SERVICING,LLC '1'125 Ponce De Leon Blvd. Mailstop MS5/251 Coral Gables,FL 33146 Plaintiff vs. . ,L i,,'I r BRANDON MILLER f+rrtS l'`!,' C+��' ' HEATHER MILLER No. 14-1783'Clvii (Mortgagor(s)and Record Owner(s)) 81 West Main Street New Kingstown,PA 17072 Defendant(s) PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT.ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against BRANDON MILLER and HEATHER MILLER by default for want of an Answer. Assess damages as follows: $94,672.83 Debt Monthly Interest- 08/01/2013 to 06/01/2014 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record,if any,after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 By: Mi) KML LAW GRO t`, '. . Michael McKeev r ':.ID 56129 Jay E.Kivitz Pa.It. 6769 Lisa Lee Pa.ID 78020 Kristina Murtha Pa.ID 61858 __David Fein Pa.ID 82628 Thomas Puleo Pa.ID 27615 Jill P.Jenkins Pa.ID 306588 Andrew F.Gornall Pa.ID 92382 I(,,r. (( /� _Salvatore Filippello Pa.Ill 313897 /��J, �A� l V l( Q Alyk L.Oflazian Pa.ID 312912 I A I; �`�I KI, tit Attorneys for Plaintiff J VVV! J AND NOW JUI1P,. ©� �� ,Judg Ment is e din favor of LAKEVIEW LOAN SERVICING,LLC and against BRANDON MILLER and HEA ER M r. ER b fault for an Answer and damages assessed in the sum of$94,672.83 as per the above certificat Prothori 0.11,4,4 '1't0 Og rJoT c'e (11�Jta b- 0 Rule of Civil Procedure No.236—Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION-LAW LAKEVIEW LOAN SERVICING,LLC 4425 Ponce De Leon Blvd. Mailstop MS5/251 Coral Gables,FL 33146 Plaintiff No. 14-1783 Civil vs. BRANDON MILLER HEATHER MILLER (Mortgagors and Record Owner(s)) 81 West Main Street New Kingstown,PA 17072 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT.ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. David D.Buell IN Prothonotary By: Deputy If you have any questions concerning the above,please contact: KML LAW GROUP,P.C. Suite 5000—BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 -- 129826FC THIS LAW FIRM IS A DEBT COLLEM OR AND WE ARE TION OBTAINED FROM YOU WILNG L BE USED FOR THE COLLECT A DEBT OWED TO OUR CLIENT.ANY INFOR PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: June 5,2014 TO: BRANDON MILLER MILLER,BRANDON 81 West Main Street New Kingstown,PA 17072 In the Court of LAKEVIEW LOAN SERVICING,LLC Common Pleas 4425 Ponce De Leon Blvd. of Cumberland County Mailstop MS5/251 Coral Gables,FL 33146 Plaintiff CIVIL ACTION-LAW vs. BRANDON MILLER Action of HEATHER MILLER Mortgage Foreclosure (Mortgagor(s)and Record Owner(s)) 81 West Main Street No. 14-1783 Civil New Kingstown,PA 17072 Defendant(s) TO: BRANDON MILLER 81 West Main Street New Kingstown,PA 17072 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 (10) 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 r By: 11.1■11111 KML LA lel'O 1 ' P.C. Michael cKeever Pa.ID 56129 Lisa Lee Pa.ID 78020 ;. David Fein Pa.ID 82628 Jill P.Jenkins Pa.ID 306588 Alyk L.Oflazian Pa.ID 312912 /Salvatore Filippello Pa.ID 313897 Jennifer Lynn Frechie Pa ID 316160 215-627-1322 Attorneys for Plaintiff r ! 1 1 129826FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT.ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: June 5,2014 TO: HEATHER MILLER MILLER,HEATHER 81 West Main Street New Kingstown,PA 17072 In the Court of ' LAKEVIEW LOAN SERVICING,LLC Common Pleas 4425 Ponce De Leon Blvd. of Cumberland County Mailstop MS5/251 Coral Gables,FL 33146 Plaintiff CIVIL ACTION-LAW � vs. BRANDON MILLER Action of HEATHER MILLER Mortgage Foreclosure (Mortgagor(s)and Record Owner(s)) 81 West Main Street No. 14-1783 Civil New Kingstown,PA 17072 Defendant(s) TO: HEATHER MILLER 81 West Main Street New Kingstown,PA 17072 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 (10) 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 1 I By: i_� KMLLA ` G 'O w,P.C. Micha. cKeever Pa.ID 56129 ` Lisa Lee Pa.ID 78020 David Fein Pa.ID 82628 Jill P.Jenkins Pa.ID 306588 Iyk L.Oflazian Pa.ID 312912 Salvatore Filippello Pa.ID 313897 Jennifer Lynn Freebie Pa ID 316160 • 215-627-1322 Attorneys for Plaintiff I. 129826FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT.ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: June 5,2014 TO: BRANDON MILLER MILLER,BRANDON 81 John King Lane Mechanicsburg,PA 17050 In the Court of LAKEVIEW LOAN SERVICING,LLC Common Pleas 4425 Ponce De Leon Blvd. of Cumberland County Mailstop MS5/251 Coral Gables,FL 33146 Plaintiff CIVIL ACTION-LAW vs. BRANDON MILLER Action of HEATHER MILLER Mortgage Foreclosure (Mortgagor(s)and Record Owner(s)) 81 West Main Street No. 14-1783 Civil New Kingstown,PA 17072 Defendant(s) TO: BRANDON MILLER 81 John King Lane Mechanicsburg,PA 17050 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 (10) 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 OHIItIN�LA�O�TIONYOU ABOET O AGENCIES THAT MAT AI.I.ORD TO HIRE AY OFFER LEGAL SERVIS OFFICE CES BEY O ABLE TO PROVIDE Y ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 By: ._ LAW ' a UP, '.C. Michael eever Pa.ID 56129 Lisa Lee ': 11 78020 David Fein Pa.ID 82628 Jill P.Jenkins Pa.ID 306588 Alyk L.Oflazian Pa.ID 312912 Salvatore Filippello Pa.ID 313897 Jennifer Lynn Frechie Pa ID 316160 215-627-1322 Attorneys for Plaintiff - • 129826F THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT.ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NO 1.10E: June 5,2014 TO: HEATHER MILLER MILLER,HEATHER 81 John King Lane Mechanicsburg,PA 17050 In the Court of LAKEVIEW LOAN SERVICING,LLC Common Pleas 4425 Ponce De Leon Blvd. of Cumberland County Mailstop MS5/251 Coral Gables,FL 33146 Plaintiff CIVIL ACTION-LAW vs. BRANDON MILLER Action of HEATHER MILLER Mortgage Foreclosure (Mortgagor(s)and Record Owner(s)) 81 West Main Street No. 14-1783 Civil New Kingstown,PA 17072 Defendant(s) TO: HEATHER MILLER 81 John King Lane Mechanicsburg,PA 17050 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRIF1'EN 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 1'EN (10) 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 ' By: li tk. ML LA 01 P.0 KP.C. Mich cKeever Pa.ID 56129 Lisa L•• 'a.ID 78020 David Fein Pa.ID 82628 Jill P.Jenkins Pa.ID 306588 7Alyk L.Oflazian Pa.ID 312912 Salvatore Filippello Pa.ID 313897 Jennifer Lynn Frechie Pa ID 316160 215-627-1322 Attorneys for Plaintiff • KIVIL LAW GROUP,P.C. Suite 5000—BNY Mellon Independence Center 701 Market Street Philadelphia,PA 19106-1532 215-627-1322 Attorney for Plaintiff LAKEVIEW LOAN SERVICING,LLC 4425 Ponce De Leon Blvd. IN THE COURT OF COMMON PLEAS Mailstop MS5/251 Coral Gables,FL 33146 OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION LAW BRANDON MILLER HEATHER MILLER (Mortgagor(s)and Record owner(s)) ACTION OF MORTGAGE FORECLOSURE 81 West Main Street New Kingstown,PA 17072 Defendant(s) No. 14-1783 Civil ORDER FOR JUDGMENT Please enter Judgment in favor of LAKEVIEW LOAN SERVICING,LLC,and against BRANDON MILLER and HEATHER MILLER for failure to file an Answer in the above action ,ithin(20)days from the date of service of the Complaint,in the sum of$94,672.83. By: KML LAW GRO P,P. . Michael McKeew-r 'a.ID 56129 Jay E.Kivitz Pa. D 26769 Lisa Lee Pa.ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa.ID 27615 Jill P.Jenkins Pa.ID 306588 Andrew F.Gornall Pa.ID 92382 Salvatore Filippello Pa.ID 313897 J Alyk L.Oflazi Pa.ID 399111222 /54101ttorne sf Plaintiff'MOW -)1W 1 o I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is LAKEVIEW LOAN SERVICING,LLC 4425 Ponce De Leon Blvd.Mailstop MS5/251 Coral Gables,FL 33146 and that the name(s)and last known address(es)of the Defendant(s)is/are BRANDON MILLER, 81 West Main Street New Kingstown, PA 17072 and HEATHER MILLER, 81 West Main Street New Kingstown,P• 707 By: KML LAW GROU ,P. . Michael McKeever Pad ID 6129 Jay E.Kivitz Pa.ID 26769 Lisa Lee Pa.ID 78020 _Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 _Thomas Puleo Pa.ID 27615 _Jill P.Jenkins Pa.ID 306588 Andrew F.Gomall Pa.ID 92382 Salvatore Filippello Pa.ID 313897 Oflazi Pa.ID 312912 l f olimb, p b .r�J )orn s for Plafintiff�V , 3 I(p(�i , ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $88,508.24 Monthly Interest from 08/01/2013 $3,503.50 through 06/01/2014 Reasonable Attorney's Fee $1,650.00 Late Charges $265.88 Escrow/Impound Overdraft $438.68 Pro Rata MIP $250.53 Property Inspections $42.00 Property Preservation $14.00 $94,672.83 By: KML LAW GR ,P. . Michael McKeever a.ID 56129 Jay E.Kivitz Pa.I 26769 _Lisa Lee Pa.ID 78020 Kristina Murtha Pa ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa.ID 27615 Jill P.Jenkins Pa.ID 306588 Andrew F.Gornall Pa.ID 92382 Salvatore Filippello Pa.ID 313897 _Alyk L.Oflazian Pa.ID 312912 Atto] \ ( s for Plai tiff I W. ,, �� �� f O Lt . AND NOW,this day of , 2014 damages are assessed as above. Pro Prothy 14-1783 Civil/129826FC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA LAKEVIEW LOAN SERVICING,LLC Plaintiff vs. BRANDON MILLER NO.14-1783 Civil HEATHER MILLER t ,fF'L. ii,j (' Cf Defendant(s) 7 1/7 i VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group, P.C., as the representative for the Plaintiff in the above entitled matter,does hereby state to the best of his/her information and belief,as follows: 2. That an inquiry has been made with the Defense Manpower Data Center ("DMDC") website operated by the United States Department of Defense (https://www.dmdc.osd.mil/appj/scra/scraHome.do) for the following individual(s): BRANDON MILLER, has a last known residence of 81 West Main Street, New Kingstown, PA 17072. The following information was used to search the DMDC (check all that apply): X Last Name X First Name X Social Security Number 3. The DMDC search results, a copy of which is attached, states that based on the information provided, the DMDC does not possess any information indicating that the individual is on active duty or has been on active duty within the last 367 days. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Date `� I By: KML LAW GR UP,P.C. Michael M eever Pa.ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa.ID 27615 Jay Kivitz Pa. ID 26769 Andrew Gornall Pa. ID 92382 Joshua I. Goldman Pa.ID 205047 Salvatore Filippello Pa. ID 313 897 Jill P.Jenkins Pa. ID 306588 ,A lyk L. Oflazian Pa.ID 312912 Jennifer Lynn Frechie Pa.ID 316160 Attorneys for Plaintiff Department of Defense Manpower Data Center Results as of:Jun-19-2014 06:19:36 AM SCRA 3,0 Status Report 24-1*IS:414 • Pursuant to Servicemen Civil Relief Act Last Name: MILLER First Name: BRANDON Middle Name: Active Duty Status As Of: Jun-19-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuate active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. yA_ , )414141 Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: HAQONOCBYOD4Y00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA LAKEVIEW LOAN SERVICING,LLC Plaintiff vs. BRANDON MILLER NO. 14-1783 Civil : HEATHER MILLER Y Defendant(s) L� �J t 1 i/n X0'1 r/,s+i3 n VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group, P.C., as the representative for the Plaintiff in the above entitled matter,does hereby state to the best of his/her information and belief,as follows: 2. That an inquiry has been made with the Defense Manpower Data Center ("DMDC") website operated by the United States Department of Defense (https://www.dmdc.osd.mil/appj/scra/scraHome.do) for the following individual(s): HEATHER MILLER, has a last known residence of 81 West Main Street,New Kingstown, PA 17072. The following information was used to search the DMDC (check all that apply): X Last Name X First Name X Social Security Number 3. The DMDC search results, a copy of which is attached, states that based on the information provided, the DMDC does not possess any information indicating that the individual is on active duty or has been on active duty within the last 367 days. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. C.S.A.4904 relating to unsworn falsification to auth• Sties. Date By: KML LAW GROUP, '. . Michael McKeev. 'a. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa. ID 27615 Jay Kivitz Pa.ID 26769 Andrew Gornall Pa.ID 92382 Joshua I. Goldman Pa.ID 205047 Salvatore Filippello Pa. ID 313 897 Jill P.Jenkins Pa. ID 306588 ,Alyk L. Oflazian Pa.ID 312912 /Jennifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff Department of Defense Manpower Data Center Results as of:Jun-19-2014 06:21:10 AM SCRA 3.0 Status Report Pursuant to Servicementbers Civil Relief Act Last Name: MILLER First Name: HEATHER Middle Name: Active Duty Status As Of: Jun-19-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individualsactive duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. )41a4t YA. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: FAZ1 HOCBZOD4U40