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HomeMy WebLinkAbout14-4187 Supreme Court of Pennsylvania Coul"'(6f Common Pleas 61 it C©�►PI Sheet ForFrctl:onatary Use Onir': Cuhiberla` `. County Docket No. The information collected on this form is used solely for court administration purposes. This form does not Supplement or replace thefiling and service ofpleadings 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: BANK OF AMERICA,NATIONAL ASSOCIATION, VALERIE WYRICK C SUCCESSOR BY MERGER TO BAC HOME LOANS STEVEN L.WYRICK A/K/A STEVE WYRICK T SERVICING LP F/K/A COUNTRYWIDE HOME LOAN I Dollar Amount Requested within arbitration limits O Are money Damages requested?: ❑ Yes No (Check one) X outside arbitration limits N Is this a Class Action Suit? ❑ Yes NO Is this an MDJ Appeal? ❑ Yes ® NO A Name of Plaintiff/appellant's Attorney:YOWL Law Group,P.C. ❑ Check here if you 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 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 5 ❑ Premises Liability ❑ Zoning Board ❑ Product Liability(does not include ❑ Statutory Appeal: Other E mass tort) ❑ Employment dispute: ❑ Slander/Libel Defamation Discrimination ❑ Other ❑ Employment Dispute: Other T ❑ Other: I 0 MASS TORT ❑ Other ❑ Asbestos ❑ Tobacco ❑ Toxic Tort-DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort-Implant ❑ Ejectment ❑ Common Law/Statutory ❑ Toxic Waste $ ❑ Other ❑ Eminent Domain/Condemnation Arbitration ❑ 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA BANK OF AMERICA,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP,FIYJA COUNTRYWIDE Case No. HOME LOANS SERVICING LP Plaintiff vs. VALERIE WYRICK STEVEN L. WYRICK A/K/A STEVE WYRICK 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. Respect ted= (Signature f unsel for Plaintiff) Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket#1 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: 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: Celt: Other: Email: - of people in household: How long? Mailing Address; City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? -FINANCIAL INFORAIATION 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: Dome: $ — $ Other heal Estate: Retirement Fends: $ $ Investments Checking: $� Savings: $ $ Other: $ S Automobile 91: Model: Year: Amount owed:_ Value: Automobile#2: Model: Year: Amount awed: Value: Other transportation(automobiles;, boats.motorcycles); Model: Year: Amount owed: Value Mondily Income Name of Employers: I� 2. 3. Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay bays; Co-Borrower Pay nays: Monthly Expenses:(Please only include expenses you are currently paying) PAuto SE AMOUNT EXPENSE Al\+IC3[JNT e Food t a Utilities f Crrt s Condo/N66.Fees surance Med. not covered el/re irs Other ro . a ment oan Pa vrnent CableTV rt/Alirn. S ndin .Moneald Care:/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes El No ❑ If yes,please provide the following information; Counseling Agency: Couriselor: 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 follo%bg information, if know,regarding your lender or lender's loan servicing company: Leader's Contact(Name): Phone: Servicing Company (Name): Contact-. Phone: :AUTHORIZATION ime, 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 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: Proof of income ll Past 2 bank statements Proof of any expected income for the lost 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement(if property is currently on the market) KML LAW GROUP P.C. SUITE 5000-BNY MELLON INDEPENDENCE CENTER 701 MARKET STREETlit- PMLADELPIIIA,PA 19106 (866)413-2311 ` `� U BANK OF AMERICA,NATIONAL ASSOCIATION, (, J 1�'Fff C ]I R © COMMON PLEAS SUCCESSOR BY MERGER TO BAC HOME LOANS ` SERVICING LP,F/K/A COUNTRYWIDE HOME LOANS OF Cumberland COUNTY SERVICING LP 1610 East St.Andrews Street CIVIL ACTION-LAW Suite B 150 Santa Ana,CA 92705 ACTION OF MORTGAGE FORECLOSURE Plaintiff _ I 1 �S. Plvv itTerm VALERIE WYRICK STEVEN L. WYRICK A/K/A STEVE WYRICK i 1UN:1Vit)lthtiAU. Mortgagor(s)and Record Owner(s) U 6 2819 Shippensburg Road Biglerville,PA 17307 Defendant(s) 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 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 113.°75 P8 Any 8 Irvine Row &v)og31,ni3(4) Carlisle, PA 17013 0308683 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 provisiones 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. 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://www.phfa.org/consumers/homeowners/real.4Mx. 5). Call-the Plaintiff(your lender) and ask to speak to someone about Loss Mitigation or Home -Retention options. 6). Foreclosure Resource Center: http://www.philadelphiafed.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&kmllawgroup.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 131996FC. 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 BANK OF AMERICA,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP,F/K/A COUNTRYWIDE HOME LOANS SERVICING LP, 1610 East St.Andrews Street, Suite B 150 Santa Ana, CA 92705. 2. The name(s) and address(es) of the Defendant(s) is/are VALERIE WYRICK, 2819 Shippensburg Road, Biglerville,PA 17307 and STEVEN L. WYRICK A/K/A STEVE WYRICK,2819 Shippensburg Road, Biglerville,PA 17307,who is/are the mortgagor(s) and record owner(s) of the mortgaged premises hereinafter described. 3. On April 14, 2008 mortgagor(s)made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR COUNTRYWIDE HOME LOANS,INC.,which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County on April 22, 2008 as Instrument#: 200812701. The mortgage has been assigned to: BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP by assignment of Mortgage recorded on July 11, 2011 as Instrument#: 201119205. 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 of principal and interest are due and unpaid for January 01, 2011 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..................................................................................$173,080.94 Interest from 12/01/2010 through 07/05/2014 at 6.5000%.....................$41,250.88 Per-Diem-interest rate at 6.5000% LateCharges ............................................................................................$2,472.42 Advances/Escrow....................................................................................$12,548.26 FHAIns........................................................................................................$133.74 Corporate Advance...................................................................................$1,216.00 ExpenseAdvance...........................................................................................$50.00 Reasonable Attorney's Fee.......................................................................$1,650.00 $232,402.24 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"in 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. Plaintiff sent Defendants the notice as required by 35 P.S. Section 1680.401 et. seq. (Act 91 of 1983) or by 41 P.S. Section 403 (Act 6 of 1974) or as required by the Mortgage ("Notice"). A true and correct copy of the Notice is attached and incorporated as Exhibit`B". WHEREFORE,Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of$232,402.24, together with interest at the rate of$30.82,per day 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. n By: KML LAW GP,P.C. Michael eever 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 alvatore Filippello Pa. ID 313897 Jennifer Lynn Frechie Pa. ID 316160 Attorneys-for Plaintiff VERIFICATION Elizabeth A. Ostermann I, , 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: ETON MORTGAGE SERVICES, LLC as Servicer and Attorney in fact for Bank of America N.A. Elizabeth A.Ostermann,vice President,Default,sCPA for Carrington Mortgage Services,LLC,Attorney in Fact ##131996FC-VALERIE WYRICK and STEVEN L. WYRICK A/K/A STEVE WYRICK 2819 Shippensburg Road Biglerville,PA 17307 Ey,hibit A 3 Legal DmAption ALL THAT CERTAIN PARCEL.OF LAND SITUATED IN THE TOWNSHIP OF SOUTHAMPTON,COUNTY UP CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA,BEING MORE FULLY DESCRIBED AS METES AND BOUNDS PROPERTY IN DEED BOOK 260,PACE 2506,DATED 11/0712€103;RECORDED 1112412003,CUMBERLAND COUNTY RECORDS. Tax/Parc-e1 ID:39-15- 2 R 2A f E.r,hibit ( *Exhibit has been redacted to remove all personally identifiable information or non-public information CARRINGTON P.O. Box 54285 Irvine, CA 92619-4285 (800)561-4567 N0555 08/12/1.3 STEVEN L WYRICK VALERIE WYRICK 281.9 S.H.IPP.ENSBURG RD BIGLERVILLE PA 17307 RE: Loan Number: 872 Notice of Intent to Foreclose(Act 6) Dear Mortgagor(s): The Mortgage held by Carrington Mortgage Services, LLC(hereinafter we,us, or ours)on your property located at: 281.9 SHIPPENSBURG RD BIGLERVIL.LE PA 17307 is in serious default because you have.not paid the monthly payment(s)and other charges for the months of 01/01./11. through 08/12/13 as follows: 32 payments @$1472.80 (including.fees)$47129.60 Late Charges: $58.91 totaling $1826.21 Less Other Fees/Advances included above) $.00 Less Funds-in Unapplied $.00 TOTAL DUE $48955.81. Please refer to the attached Exhibit A for the itemized breakdown of fees. The total amount now required to cure this default, as of the date of this letter is $48955.81, less $.00 in unapplied. There may be additional fees or charges associated with the reinstatement of this loan. If your loan is an adjustable rate mortgage(ARM.) loan,Principal,Interest, Taxes and Insurance(PITI)may vary.Please call our toll free number 1-888-788-7306 for the specific breakdown of the monthly payments. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying the amount of$48955.81, plus any additional monthly payments and late charges which may fall due during this period. Please remit a Cashier's check, or money order payable to Carrington Mortgage Services,LLC through one of the following payment options: N0555 :Page I U4 CARRI GTON P.O. Box 54285 Irvine, CA 92619-4285 - F,4<€t; € St:iii cr: (800)561-4567 OVERNIGHT MAIL WESTERN UNION Carrington Mortgage Services,LLC I Quick Collect(any location): Attn: .Payment Processing Code City-CARRINGTONMS 1610 E. St. Andrew PI, Ste B-150 Code State-CA Santa Ana Ca. 92705 If you do not cure the 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 in default is not made within THIRTY (30) DAYS, we also intend to instruct our attorney 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 attorney, but you cure the default before they begin legal proceedings against you,you will still 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 well over $50.00. Any attorney's fees will be added to whatever you owe us, which may 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 still 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 such a Sheriffs sale could be held approximately six(6)months from the date of this notice. A notice of the date of the Sheriffs 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 is by calling us, toll free, at 1-888-788-7306. This payment must be in Certified Funds made payable to Carrington Mortgage Services, LLC and send to the address listed above. You should realize that a Sheriffs sale will end your ownership of the mortgage 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 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 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 N0555 Page 2 of 4 CA RINGTON P.O. Box 54285 Irvine, CA 92619-4285 is tr<'� ,zc;E: siisc:rs (800)561-4567 THE RIGHT TO HAVE THIS DEFAULT CURED BY A THIRD .PARTY ACTING ON YOUR. BEHALF. If you cure the default, the mortgage will be restored to the same position prior to the default occurring. However, you are not entitled to this right to cure your default more than three (3) times in any calendar year. Should you need additional assistance, please contact our office at 1-888-788-7306, between 5:00 AM and 9:00 PM, Monday through Thursday, and 5:00 AM to 5:00 PM, Friday, and 6:00 AM to 2:00 PM Saturday,Pacific Time. Sincerely, Loan Servicing Department Carrington Mortgage Services, LLC -IMPORTANT BANKRUPTCY NOTICE If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage,or.if you are the subject of a pending bankruptcy proceeding,this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney. -CREDIT-REPORTING We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be.reflected in your credit report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. -MINI MIRANDA This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States. -HUD STATEMENT Pursuant to section 169 of the Housing and Community Development Act of 1987, you may have the opportunity to receive counseling from various local agencies regarding the retention of your home. You.may obtain a list of the HUD-approved housing counseling agencies by calling the HUD nationwide toll free telephone number at(800)569-4287. N0555 :Page 3 of 4 CARING' N P.O. Box 54285 Irvine, CA 92619-4285 nay>kr G., 56W i S (800)561-4567 -EQUAL CREDIT OPPORTUNITY ACT:NOTICE The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race,color,religion,national origin,sex,marital status,or age(provided the applicant has the capacity to enter into a binding contract);because all or part of the applicant's income derives from any public assistance program;or because the applicant has,in good faith,exercised any right under the Consumer Credit Protection.Act.The Federal Agency that administers CMS'compliance with this law is the Federal Trade Commission,Equal Credit Opportunity,Washington,DC 20580. N0555 Page 4 of 4 • 'rIO 11'•1➢^�' - CAR I GTO IMPORTANT DISCLOSURES Important Bankruptcy Notice: If you have received a discharge in bankruptcy and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this is not an attempt to collect a debt, a demand for payment, or an attempt to impose personal liability for the debt, but rather provides informational notice regarding the status of the account. You are not obligated to discuss your home loan with us or to enter into a loan modification or other loan-assistance program. You should consult with your advisor of choice about your legal rights and options. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney. SCRA Disclosure: MILITARY PERSON NEL/SE RVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at 1-888-267-5474. MINI MIRANDA: This communication is from a debt collector and is for the purpose of collecting a debt, and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act, and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States or does not owe the debt by other operation of law. Credit Reporting: We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. Equal Credit Opportunity Act Notice: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS' compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580. HUD STATEMENT: Pursuant to section 169 of the Housing and Community Development Act of 1987,you may have the opportunity to receive counseling from various local agencies regarding the retention of your home. You may obtain a list of the HUD-approved housing counseling agencies by calling the HUD nationwide toll free telephone number at(800)569-4287 or toll-free TDD(800) 877-8339. New York: New York City Department of Consumer Affairs License Number 1264739 This Collection agency is licensed by the City of Buffalo license numbers: 555177 &555176 For New York residents: You may file complaints about CMS with the New York State Department of Financial Services. You may obtain further information from the New York State Department of Financial Services by calling the Department's Consumer Assistance Unit at 1-877-BANK-NYS (1-877-226-5697) or by visiting the Department's website at www.dfs.ny.gov. Carrington Mortgage Services, LLC is registered with the Superintendent of the New York State Department of Financial Services. CAIS RINGT N P.O. Box 54285 Irvine, CA 92619-4285 (800)561-4567 N0565 08/12/13 STEVEN L WYRICK VALERIE WYRICK 2819 SHIPPENSBURG RD BIGLERVILLE PA 17307 Property Address: 2819 SHIPPENSBURG RD BIGLERVILLE PA 17307 RE:Loan Number:_7872 NOTICE OF INTENT TO FORECLOSE Dear Mortgagor(s): The above referenced loan is in default because the monthly payment(s) due on and after 0 1/01/11 have not been received. The amount required to cure this delinquency, as of the date of this letter, is $48955.81, less S.00,monies held in Unapplied. SUBSEQUENT PAYMENTS, LATE CHARGES, AND OTHER FEES WILL BE ADDED TO THE ABOVE STATED REINSTATEMENT AMOUNT AS THEY ARE ASSESSED. Please remit the total amount due in CERTIFIED FUNDS, utilizing one of the following payment resources: Overnight Mail: Western Union: Carrington Mortgage Services,LLC I Quick Collect(any location): Attn:Payment Processing I Code City-CARRINGTONMS 1610 E. St.Andrew Pl. Ste.B-150 Code State-CA Santa Ana,CA 92705 IF YOU ARE UNABLE TO BRING YOUR ACCOUNT CURRENT,PLEASE CONTACT CARRINGTON MORTGAGE SERVICES, LLC TO DISCUSS HOME RETENTION ALTERNATIVES TO AVOID FORECLOSURE AT (888)788-7306 OR BY MAIL AT 1610 E.SAINT ANDREW PLACE, SUITE B-150, SANTA ANA, CA 92705. YOU MAY ALSO CONTACT THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT(MUD)HOTLINE NUMBER AT(800)569-4287 OR YOU CAN VISIT THEIR W.EBSIT.E AT TO FIND OUT OTHER OPTIONS YOU MAY HAVE TO AVOID FORECLOSURE. N0565 Page 1 of 2 CARRING`r'1 ON P.O. Box 54285 Irvine,CA 92619-4285 3 y� 3�tt;Fr a3� rt'is (800)561-4567 Failure to cure the delinquency within 30 days of the date of this letter may result in acceleration of the sums secured by the Deed of Trust or Mortgage and in the sale of the property. You have the right to reinstate your loan after legal action has begun.You also have the right to assert in foreclosure,the non-existence of a default or any other defense to acceleration and foreclosure. Should you have any questions, please contact our office at 1-888-788-7306, 5:00 A.M. to 9:00 PM Monday through Thursday, 5:00 AM to 5:00 PM Friday, and 6:00 AM to 2:00 PM. Saturday, Pacific Time. Sincerely, Loan Servicing Department Carrington Mortgage Services,LLC N0565 Page 2 of 2 AIT -' _................ ............. .. . ...__ .... ...._.... ... t•ib Ft2 i'A; IMPORTANT DISCLOSURES Important Bankruptcy Notice: If you have received a discharge in bankruptcy and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this is not an attempt to collect a debt, a demand for payment, or an attempt to impose personal liability for the debt, but rather provides informational notice regarding the status of the account. You are not obligated to discuss your home loan with us or to enter into a loan modification or other loan-assistance program. You should consult with your advisor of choice about your legal rights and options. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney. SCRA Disclosure: MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at 1-888-267-5474. MINI MIRANDA: This communication is from a debt collector and is for the purpose of collecting a debt, and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act, and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States or does not owe the debt by other operation of law. Credit Reporting: We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. Equal Credit Opportunity Act Notice: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The-Federal Agency that administers CMS' compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580. HUD STATEMENT: Pursuant to section 169 of the Housing and Community Development Act of 1987, you may have the opportunity to receive counseling from various local agencies regarding the retention of your home. You may obtain a list of the HUD-approved housing counseling agencies by calling the HUD nationwide toll free telephone number at(800)5694287 or toll-free TDD(800)877-8339. New York: New York City Department of Consumer Affairs License Number 1264739 This Collection agency is licensed by the City of Buffalo license numbers: 555177 &555176 For New York residents: You may file complaints about CMS with the New York State Department of Financial Services. You may obtain further information from the New York State Department of Financial Services by calling the Department's Consumer Assistance Unit at 1-877-BANK-NYS (1-877-226-5697) or by visiting the Department's website at www.dfs.ny.gov. Carrington Mortgage Services, LLC is registered with the Superintendent of the New York State Department of Financial Services. North Carolina: Carrington Mortgage Services, LLC is licensed under the North Carolina Agency Permit No. 102107 & 103455 and North Carolina Secure and Fair Enforcement Mortgage Licensing Act. 1610 E. Saint Andrew Place, Suite B-150, Santa Ana, CA 92705. Minnesota: e Carrington Mortgage Services, LLC is licensed by the Minnesota Department of Commerce. Tennessee: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Massachusetts: NOTICE OF IMPORTANT RIGHTS YOU HAVE THE RIGHT TO MAKE A WRITTEN OR ORAL REQUEST THAT TELEPHONE CALLS REGARDING YOUR DEBT NOT BE MADE TO YOU AT YOUR PLACE OF EMPLOYMENT. ANY SUCH ORAL REQUEST WILL BE VALID FOR ONLY TEN DAYS UNLESS YOU PROVIDE WRITTEN CONFIRMATION OF THE REQUEST POSTMARKED OR DELIVERED WITHIN SEVEN DAYS OF SUCH REQUEST. YOU MAY TERMINATE THIS REQUEST BY WRITING TO THE CREDITOR. Texas: Notice to Texas Residents: COMPLAINTS REGARDING THE SERVICING OF YOUR MORTGAGE SHOULD BE SENT TO THE TEXAS DEPARTMENT OF SAVINGS AND MORTGAGE LENDING, 2601 NORTH LAMAR, SUITE 201, AUSTIN, TEXAS 78705. A TOLL-FREE CONSUMER HOTLINE IS AVAILABLE AT 1-877-276-5550. Colorado: For Colorado Residents: 13111 E. Briarwood Ave., Suite#340 Centennial, CO 80112 (303)708-8795 KML Law Group, P.C. SUITE 5000 — BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP, F/K/A COUNTRYWIDE HOME LOANS SERVICING LP 1610 East St. Andrews Street Suite B150 Santa Ana, CA 92705 vs. VALERIE WYRICK STEVEN L. WYRICK A/K/A 2819 Shippensburg Road Biglerville, PA 17307 Plaintiff STEVE WYRICK Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 14-4187 Civil Term PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. By: KML LA GROUP, P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay E. Kivitz Pa. ID 26769 Jill P. Jenkins Pa. ID 306588 Joshua I. Goldman Pa. 205047 -k.:A1yk L. Oflazian Pa. ID 312912 Jennifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff CD —+C) —„ ota4_11.11Docillhi 0k_ 210 ,a-450 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTYo_ CF THE PRO/( Otyt 2014 AUG 27 AM 9 37 CUMBERLAND COUNTY PENNSYLVANIA OFFICE Bank of America, N.A. vs. Valerie Wyrick (et al.) Case Number 2014-4187 SHERIFF'S RETURN OF SERVICE 07/18/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Steven L Wyrick, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 07/18/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Valerie Wyrick, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 07/21/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Valerie Wyrick, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 2819 Shippensburg Road, Southampton, Biglerville, PA 17307. 07/21/2014 07:56 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Steven L Wyrick at 2819 Shippensburg Road, Southampton, Biglerville, PA 17307. SON KINSLER, DEPUTY 08/21/2014 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure returned by the Sheriff of Franklin County, the within named Defendant Valerie Wyrick, not found. Dane Anthony, Sheriff, Return of Service attached to and made part of the within record. *Writ expired - Franklin County Sheriffs Office gave copy to defendant on 8/18/14 for "info purposes" only. 08/21/2014 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure returned by the Sheriff of Franklin County, the within named Defendant Steven L Wyrick, not found. Dane Anthony, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $85.43 SO ANSWERS, August 21, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite She. Teleosof;, inc. SHERIFF'S RETURN - NOT SERVED CASE NO: 2014-00280 T COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN BANK OF AMERICA, N.A. VS VALERIE WYRICK RONALD L GEYER JR , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: WYRICK STEVEN but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT-MORT FORECLS the within named DEFENDANT , WYRICK STEVEN 5997 FAIRWAY DR WEST NOT SERVED , as to FAYETTEVILLE, PA 17222 ONE ATTEMPT; STEVEN DIVORCED FROM VALERIE; DOES NOT LIVE AT ADDRESS; EXPIRED. Sheriff's Costs: So answers: Docketing .00 Service .00 Affidavit .00 R NALD L GE Surcharge .00 .00 .00 KML LAW GROUP PC 08/18/2014 Sworn and subscribed to before me COMMONWEALTH OF PENNSYLVANIA NOT AL SEAL, RICHARD D. McCARTY, Notary Public mbBrsburg Bono., Franklin County Commission Expires Jan. 29, 2015 Notary SHERIFF'S RETURN - NOT SERVED CASE NO: 2014-00280 T COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN BANK OF AMERICA, N.A. VS VALERIE WYRICK RONALD L GEYER JR according to law, , Deputy Sheriff, who being duly sworn says, that he made a diligent search and inquiry for the within named DEFENDANT WYRICK VALERIE unable to locate Her COMPLAINT-MORT FORECLS , to wit: but was in his bailiwick. He therefore returns the the within named DEFENDANT 5997 FAIRWAY DRIVE W , WYRICK VALERIE NOT SERVED , as to FAYETTEVILLE, PA 17222 APPEARED IN OFFICE 8/18/2014. WRIT EXPIRED. GAVE COPY TO DEF FOR INFO PURPOSES ONLY Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 So answers: RONALD L GEYE J KML LAW GROUP PC 08/18/2014 Sworn and subscribed to before me Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL RICHARD D. McCARTY, Notary Public Chambersburg Boro., Franklin County My Commission Expires Jan. 29, 2015 Ronny R Anderson Sheriff .Jody S Smith Chief Depu Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY '/���-J[;��� pRDTHONOTA� Z1111,1 OCT -| 2: 35 CUMBERLAND COUNTY pcNNSY;VbNiA Bank of America, NA. vs. Valerie Wyrick (et al.) Case Number 2014-4187 SHERIFF'S RETURN OF SERVICE 08/28/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Valerie VVyrick, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 08/30/2014 The Sheriff of Franklin County, being duly sworn accordinto Iaw, states he made diligent search and inquiry for the within named Defendant to wit: Valerie Wyrick, but was unable to Iocate the Defendant in his bailiwick. The Franklin County Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Served" at 5997 Fairway Drive West #WA, Fayetteville, PA 17222. SHERIFF COST: $37.O0 SO ANSWERS, September 30, 2014 RDNNYRANDERSON, SHERIFF (r;) CountySuite Sheriff, Teleosoft, inc. SHERIFF'S RETURN - NOT FOUND CASE NO: 2014-00311 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN BANK OF AMERICA NA VS VALERIE WYRICK MICHAEL COX , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: WYRICK VALERIE but was unable to locate Her COMP MORT FORE in his bailiwick. He therefore returns the , NOT FOUND , as to the within named DEFENDANT 5997 FAIRWAY DRIVE WEST # WA , WYRICK VALERIE FAYETTEVILLE, PA 17222 ATTEMPTED; NAME OF VALERIE SHANNON ON PACKAGE AT DOOR; NO CONTACT; EXPIRED Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: . 00 .00 Coe9 .00 MICHAEL COX .00 DANE M ANTHONY, Sheriff .00 .00 KML LAW GROUP PC 09/25/2014 Sworn and subscribed to before me COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL RICHARD D. McCARTY, Notary Public Chambersburg Boro., Franklin County tAy Commission Expires Jan. 29, 2015 KML Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street s u Philadelphia,PA 19106-1532 1t ' 215-627-1322 Attorney for Plaintiff BANK OF AMERICA,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO IN THE COURT OF COMMON PLEAS BAC HOME LOANS SERVICING LP, F/K/A COUNTRYWIDE HOME LOANS SERVICING LP OF Cumberland COUNTY 1610 East St.Andrews Street Suite B150 Santa Ana, CA 92705 vs. No. 14-4187 Civil Term VALERIE WYRICK and STEVEN L. WYRICK A/K/A STEVE WYRICK 2819 Shippensburg Road Biglerville,PA 17307 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. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(a) Plaintiff,by and through its attorney, in support of its Motion for Substituted Service, represents as follows: 1. Plaintiff is the holder of a mortgage upon the premises 2819 Shippensburg Road, Biglerville,PA, 17307(hereinafter the"Mortgaged Premises"). 2. Defendants,VALERIE WYRICK and STEVEN L. WYRICK A/K/A STEVE WYRICK, are the mortgagors and real owners of the Mortgaged Premises. 3. Pursuant to Cumberland County Local Rule 208.3(a)(1)(2),(9),undersigned counsel for Plaintiff hereby certifies that no judge has ruled on any other matters in this case and, further,that he/she is not aware that any counsel has appeared in this case on behalf of the Defendant(s),therefore, concurrence in this motion has not been sought. 4. The last known address of Defendant,Valerie Wyrick, is 5997 Fairway Drive, Fayetteville,PA 17222 from our investigative search. 5. The Sheriff has been unable to effect service of the Complaint upon Defendant,Valerie Wyrick. Service was attempted on Defendant,Valerie Wyrick at the mortgaged premises 2819 Shippensburg Road,Biglerville, PA, 17307. The return of service indicates Defendant,Valerie Wyrick was not found at said address. Service was attempted on Defendant,Valerie Wyrick at 5997 Fairway Drive,Fayetteville,PA 17222. The return of service indicates at time of attempt there was a package addressed to a Valerie Shannon at door. No contact was made with Defendant,Valerie Wyrick. 6. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant,Valerie Wyrick. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendant,Valerie Wyrick,by posting the premises and certified and regular mail to the Defendant's last known address. By: KML&AW ROUP, P.C. Michael McKeever Pa. ID 56129 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 AAlyk Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 Attorneys for Plaintiff Affidavit of Good Faith Investigation At the request of the law firm identified below I initiated an investigation into the whereabouts of the defendant identified as the subject below. The following is true and accurate representation of my investigation. Client provided information: File Number: 131996FC Attomey/Law Firm:KML LAW GROUP, P.C. Subject Name: VALERIE WYRICK Property Address: Street:2819 Shippensburg Road City: Biglerville State: PA Zip: 17307 Skip Results:Date of Birth: ProVest File Number:4108834 Last Known Address(as of 10/1/2014)Street: 5997 Fairway Dr City: Fayetteville State: PA Zip: 17222 9655 Death Record Search As of 10/01/2014,the Social Security Administration has no death record on file for Valerie Wyrick. Social Security Number [X]Verifed[] Not Verified SSN# Employment Search During a search for employment of our defendant no verifiable employment information was provided prior to the investigation or found during the Investigation. Business Records Search No verifiable business records found. Creditor Header Inquiry The latest address from the credit header info is: Address:5997 FAIRWAY DR, FAYETTEVILLE, PA 17222 9655 Department of Motor Unable to obtain Motor Vehicle Records in the State of Pennsylvania. Vehicle Records Search* Drivers License Information Search No current records found. 11 Govemmental"+ Non-governmental Professional Licenses Search No records found. Freedom Of Information Act Inquiry FREEDOM OF INFORMATION ACT INQUIRY MADE TO U.S. Made to U.S. Postal Service POSTAL SERVICE: THE FOLLOWING ADDRESSES WERE SENT TO THE UNITED STATES POSTAL INSPECTOR AT THE ZIP CODE LISTED WITH NO RETURN INFORMATION TO DATE: 2819 SHIPPENSBURG ROAD ! BIGLERVILLE1 PA 1 17307 I ADAMS COUNTY Military Search Not on Active Duty; Did not leave Active Duty within the past 367 days; Has not been notified of a future call up to Active Duty Inquiry of Relatives, 717-530-5176: Called possible relative, Steven Wyrick, answering Neighbors,&Friends machine answered, no message left. Comments: 717-352-8318: Called number listed to defendant, Valerie Wyrick, generic answering machine answered, no message left. 717-491-9358(Mobile):Called number listed to defendant,Valerie Wyrick,generic answering machine answered, no message left. A search of Federal Bureau of Prisons resulted in no records for our defendant. A search of Pennsylvania Department of Corrections resulted in no records for our defendant. Our defendant was not found to be currently incarcerated searching Pennsylvania County Jails. A search of Philadelphia Prison Systems resulted in no records for our defendant 'Data not available in AL,AR,CA,HI,NH,OR,PA,VA,WA.**Historical data in CO,DE,ID,IL,KY,LA,MD,MA,MS,MO,NH,ND, SC,WV. +Data available in CO,CT,DE,FL,ID,IL,KY,LA,ME,MD,MA,MI,MN,MS,MO,NH,ND,OH,SC,TN,TX,WV,WI,WY. The foregoing statement is true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Under penalties of perjury,I declare that I have read the foregoing affidavit and that the facts stated in it are true. • STATE OF FLORIDA °L i 0 1 2014 lQM/10-. ktQ 4J O.4 COUNTY OF HILLSBOROUGH dGianna Hernandez ProVest File Num 4108834 Sworn to or affirmed and signed before me on _day of Provest Services LLC Date: 10101' a0 Notary P t no,;.ta 3l' !!!,'1..,•14../1•=h"y Cor;n 14 2u15 Com a:,.ca EE 15335.9 ,,,,.0 Bended Through 1L!iona:io;ry Assn. -W----Ignature of Notary P Printed Name of Nota Public ersonally Known ( )Produced as identification SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff vp.'0Avo of Ctlinitt.r Jody S Smith Chief Deputy ti•`' Richard W Stewart Solicitor :'r-Tf:F..crcWF Bank of America, N.A. Case Number vs. Valerie Wyrick(et al.) 2014-4187 SHERIFF'S RETURN OF SERVICE 07/18/2094 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Steven L Wyrick, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 07/18/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Valerie Wyrick, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 07/21/2014 RRohriy.R Anderson,Sheriff, being duly sworn according to law, states;hemade diligent search and inquiry for the within named Defendant to wit:Valerie Wyrick, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 2819 Shinp sburg Road, Southampton, Biglerville, PA 17307. "— 07/21/2014 07:56 PM-Deputy Jason Kinsler, being duly sworn according to law,served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Steven L Wyrick at 2819 Shippensburg Road, Southampton, Biglerville, PA 17307. SON KINSLER, DEPUTY 08/21/2014 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure returned by the Sheriff of Franklin County,the within named Defendant Valerie Wyrick, not found. Dane Anthony,Sheriff, Return of Service attached to and made part of the within record. *Writ expired-Franklin County Sheriffs Office gave copy to defendant on 8/18/14 for"info purposes" only. 08/21/2014 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage.Foreclosure,returned by the Sheriff of Franklin County, the within named Defendant Steven L Wyrick, not found, Dane Anthony;Sheriff, Return of Service attached to and made partof the within record ; ., SHERIFF COST.185.43 q,,, . ,..: :SO ANSWERS, c;, :Du- August 21, 2014 RONNS'R ANDERSON, SHERIFF (c)CountgSuile Sheriff,Teleoso(t Inc. • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Andprson Sheriff �`,ti,i�;,ui *:Iluf,i•rrr„e Jody S Smith Chief Deputy Richard W Stewart Solicitor *F F lt'r,_;c ruc:;5:FRIhc Bank of America, N.A. vs. Case Number Valerie Wyrick(et al.) 2014-4187 SHERIFF'S RETURN OF SERVICE 08/26/2014 Sheriff Ronny R Anderson, being duly sworn according to law, cte+AS he made diligent search and inquiry for the within named Defendant to wit:Valerie Wyrick, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 09/30/2014 The Sheriff of Franklin County, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Valerie Wyrick, but was unable to locate the Defendant in his bailiwick.The Franklin County Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served”at 5997 Fairway Drive West#WA, Fayetteville, PA 17222. SHERIFF COST: $37.00 SO ANSWERS, September 30, 2014 RONF'JY R ANDERSON,SHERIFF �c)C'ounlySuite Shentf,Toleosoft Inc. SHERIFF' S RETURN - NOT FOUND CASE NO: 2014-00311 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN BANK OF AMERICA NA VS VALERIE WYRICK ! MICHAEL COX , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: WYRICK VALERIE but was unable to locate Her in his bailiwick. He therefore returns the COMP MORT FORE , , NOT FOUND , as to the within named DEFENDANT , WYRICK VALERIE , 5997 FAIRWAY DRIVE WEST # WA FAYETTEVILLE, PA 17222 ATTEMPTED; NAME OF VALERIE SHANNON ON PACKAGE AT DOOR; NO CONTACT; EXPIRED Sheriff ' s Costs : So answers: Docketing . 00 / Service . 00 ^� _4 ce Affidavit . 00 MICHAEL COX Surcharge . 00 DANE M ANTHONY, Sheriff . 00 . 00 KML LAW GROUP PC 09/25/2014 Sworn and subscribed to before me j this 4__ day of Alf: l0 / ,/ A.D. COMMON WEALTH OL PENNSYLVANIA ��2M2"�' _ RICHARD D.McCARTY, Notary Public Not .Chambersburg Boro., Franklin County 1 My Commi cion Expires Jan. 29,2015 KML Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106-1532 215-627-1322 Attorney for Plaintiff BANK OF AMERICA,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP,F/K/A COUNTRYWIDE HOME IN THE COURT OF COMMON PLEAS LOANS SERVICING LP 1610 East St.Andrews Street OF Cumberland COUNTY Suite B150 Santa Ana, CA 92705" vs. No. 14-4187 Civil Term VALERIE WYRICK and STEVEN L. WYRICK A/K/A STEVE WYRICK 2819 Shippensburg Road Biglerville,PA 17307 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P.430(a) Plaintiff has filed a Complaint in Mortgage Foreclosure against Defendant,Valerie Wyrick,which the Sheriff has been unable to personally serve upon Defendant,Valerie Wyrick. As noted in the attached Motion,Plaintiff has made a good faith attempt to ascertain Defendant's whereabouts without success. Accordingly,the Court may approve alternative means of service. See Pa.R.C.P. 430(a). CONCLUSION For reasons stated above and in the attached Motion,the Court should enter an order allowing Plaintiff to serve the Complaint in Mortgage Foreclosure upon Defendant,Valerie Wyrick, by posting the premises and certified mail and regular mail to the Defendant's last known address. By: KML LAW OUP,P.C. Michael McKeever Pa. ID 56129 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 �Alyk Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 Attorneys for Plaintiff • KML Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106-1532 215-627-1322 Attorney for Plaintiff BANK OF AMERICA,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO IN THE COURT OF COMMON PLEAS BAC HOME LOANS SERVICING LP,F/K/A COUNTRYWIDE HOME LOANS SERVICING LP of Cumberland County 1610 East St.Andrews Street Suite B150 Santa Ana, CA 92705 No. 14-4187 Civil Term vs. VALERIE WYRICK STEVEN L. WYRICK A/K/A STEVE WYRICK 2819 Shippensburg Road Biglerville,PA 17307 CERTIFICATE OF SERVICE Marlene Powers, an employee of KML Law Group, P.C., counsel for plaintiff, does hereby certify that true and correct copies of the foregoing Motion for Substituted Service have been served upon the Defendants, Valerie Wyrick and Steven L. Wyrick a/k/a Steven Wyrick this day of October 2014, by first class mail, postage prepaid. VALERIE WYRICK 5997 Fairway Drive West#WA Fayetteville, PA 17222 STEVEN L. WYRICK A/K/A STEVE WYRICK 2819 Shippensburg Road Biglerville, PA 17307 VALERIE WYRICK 2819 Shippensburg Road Biglerville, PA 17307 By: /�_ KML Law Group, P.C. Marlene Powers, Legal Secretary Direct Phone: 215-825-6340 BANK OF AMERICA, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP, F/K/A COUNTRYWIDE HOME LOANS SERVICING LP 1610 East St. Andrews Street Suite B150 Santa Ana, CA 92705 vs. VALERIE WYRICK and STEVEN L. WYRICK A/K/A STEVE WYRICK 2819 Shippensburg Road Biglerville, PA 17307 AND NOW, this ORDER IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 14-4187 Civil Term n zCO tT1 T_ C) 5 cz N .c- 10- day of A)alo/2014, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, Valerie Wyrick, have been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant, Valerie Wyrick, by posting a copy of the Complaint upon the premises 2819 Shippensburg Road, Biglerville, PA, 17307, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address at 5997 Fairway Drive, Fayetteville, PA 17222, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, Valerie Wyrick, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. Service is complete upon mailing. Distribution list: �ichael T. McKeever, Esquire, Suite 5000 — B Y Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 VALERIE WYRICK, ,5997 Fairway Drive West #WA Fayetteville, PA 17222 kildes /5f -- =r171 BY THE COURT: r KML Law Group, PE: SUITE 5000 — BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP, F/K/A COUNTRYWIDE HOME LOANS SERVICING LP 1610 East St. Andrews Street Suite B150 Santa Ana, CA 92705 Plaintiff vs. VALERIE WYRICK STEVEN L. WYRICK A/K/A STEVE WYRICK 2819 Shippensburg Road Biglerville, PA 17307 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 14-4187 Civil Term PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. By: 10/47MGROUP, P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay E. Kivitz Pa. ID 26769 Jill P. Jenkins Pa. ID 306588 Joshua I. Goldman Pa. 205047 Jennifer Lynn Frechie Pa. ID 316160 2A1yk L. Oflazian Pa. ID 312912 Attorneys for Plaintiff apt (I iSpci CbiA 7Pba 72--IP2���s KML Law Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff .14 ° 1 6 BANK OF AMERICA, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP, F/K/A COUNTRYWIDE HOME LOANS SERVICING LP 1610 East St. Andrews Street Suite B150 Santa Ana, CA 92705 vs. VALERIE WYRICK and STEVEN L. WYRICK A/KJA STEVE WYRICK Mortgagor(s) 2819 Shippensburg Road Biglerville, PA 17307 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CERTIFICATE OF SERVICE The undersigned, on behalf of Plaintiff, hereby certifies that on CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 14-4187 Civil Term he did serve upon Defendant VALERIE WYRICK a true and correct copy of the above -captioned Complaint by certified and regular mail in accordance with the Court Order dated October 20th 2014. The undersigned understands that the statements herein and subject to the penalties provided by 18 P.S. Section 4904. By: Respectfully submitted, KML Law Group, P.C. Nick Barone, Legal Assistant NB aron e@kmllawgroup. com 215-825-6365 (Direct Phone) Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY s&;;‘ OfiriCiti OF THE SiHERIF.Pi THE PROTHONO 201111i0V 17 P11 3:Q5 CUMBERLAND COUNTY PENNSYLVANIA Bank of America, N.A. vs. Valerie Wyrick (et al.) Case Number 2014-4187 SHERIFF'S RETURN OF SERVICE 11/04/2014 08:21 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Valerie Wyrick, pursuant to Order of Court by "Posting" the premises located at 2819 Shippensburg Road, Southampton, Biglerville, PA 17307 with a true and correct copy according to law. CHR OPH RPE, DEPUTY SHERIFF COST: $46.43 SO ANSWERS, November 05, 2014 RONNY R ANDERSON, SHERIFF • (c) CounlySulie Sheriff, Teicosoft, Inc.