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HomeMy WebLinkAbout08-0315IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS REAL ESTATE SECURITIES, INC, Plaintiff, vs. Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone CIVIL DIVISION a-vii NO.: 0$- 315 Terr4 TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendants. TO: DEFENDANTS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. FILED ON BEHALF OF: UBS Real Estate Securities Inc COUNSEL OF RECORD FOR THIS PARTY: 1 HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3815 South West Temp] P.O. Box 65250. Salt Lake City, UT 84115-4412 AND THE DEFENDANT: 323 Barnstable Road Carlisle. PA 17013 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFE CTED BY THIS LIEN IS 323 Barnstable Road. Carlisle PA 17013 Municipality: West Pennsboro . COO CL A ttCk ATTORNEY FOR PLAINTIFF ATTY FILE NO.: FCP 96551 ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Richard P. Haber, Esquire Pa I.D. #202567 Eric Santos, Esquire Pa. I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office@zuckergoldberg.com File No.: FCP- 96551/ad Zucker, Goldberg & Ackerman, LLC FCP-96551 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Zucker, Goldberg & Ackerman, LLC FCP-96551 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS REAL ESTATE SECURITIES, INC, : CIVIL DIVISION Plaintiff, : NO.: vs. Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC FCP-96551 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS REAL ESTATE SECURITIES, INC, Plaintiff, : CIVIL DIVISION : NO.: vs. Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone Defendants. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone(800)990-9108 (717) 249-3166 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC FCP-96551 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS REAL ESTATE SECURITIES, INC, : CIVIL DIVISION ??'-" Plaintiff, NO.: 09- vs. Anthony Petrone aWa Anthony C. Petrone; Heather Petrone Defendants CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes UBS Real Estate Securities, Inc, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff, UBS Real Estate Securities, Inc, which has its principal place of business at 3815 South West Temple P.O. Box 65250, Salt Lake City, UT 84115-4412. 2. The Defendants, Anthony Petrone and Heather Petrone, are individuals whose last known address is 323 Barnstable Road, Carlisle, PA 17013. 3. On or about February 28, 2007, Anthony C. Petrone and Heather Petrone executed a Note in favor of Castle Point Mortgage, Inc. in the original principal amount of $185,500.00. 4. On or about February 28, 2007, as security for payment of the aforesaid Note, Anthony C. Petrone and Heather Petrone, his wife made, executed and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for Castle Point Mortgage, Inc. a Mortgage in the original principal amount of $185,500.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County Zucker, Goldberg & Ackerman, LLC FCP-96551 on March 14, 2007, in Mortgage Book Volume 1985, Page 17. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5. The aforesaid Note and Mortgage was assigned by Mortgage Electronic Registration Systems, Inc., as nominee for Castle Point Mortgage, Inc. to UBS Real Estate Securities, Inc. 6. Defendants are record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. On or about October 17, 2007, Defendant(s) were mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P. S. §101, et seq. Zucker, Goldberg & Ackerman, LLC FCP-96551 9. The amount due and owing Plaintiff by Defendants is as follows: Principal $ 185,370.68 Interest through 12/31/2007 $ 11,993.33 Attorneys' Fees $ 1,250.00 Title Search & Costs $ 2,500.00 Late Charges $ 89.20 Suspense Balance $-750.00 Total $ 200,453.21 plus interest on the principal sum ($185,370.68) from December 31, 2007, at the rate of $56.50 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $200,453.21, with interest thereon at the rate of $56.50 per diem from December 31, 2007, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Zucker, Goldberg & Ackerman, LLC FCP-96551 ZUCKER, GOLD1g4RC & BY: Scott A. Dietferii PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D.#89705 Richard P. Haber, Esquire PA I.D.#202567 Attorneys for Plaintiff 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 908-233-8500 FAX 908-233-1390 EXHIBIT A Zucker, Goldberg & Ackerman, LLC FCP-96551 Jan-03-2008 03:32pm From- ROSERT P. ZIEGLCR r:?O;RnER OF OEEO, tOtr? ?rAA !`I HMI $ 30 This Insin, i Prepared By: CASTLE POTNT MORTGAGE INC 6800 DEERPATH ROAD, SGYTE 105 EI.Knoc;E, MD 21075 (800)469-9850 After Rccmdhmg Return To: CASTLE NPOINT MORTGAGE, INC. PARSIPPANY, NEW JERSEY 07054 Loan Number: 0070200017 Uniform Parcel Idantifier Number: 46-08-0583-097C PrapertyAddress: 323 BARNSTABLE ROAD CARLISLE, PENNSYLVANIA 17013 (s"ea Above TNs Urn Few RaeomMg Data] MORTGAGE MIN: 1002735-0070200017-2 DEFINITIONS Words uxd in multiple sectonc of lids document on defined below and other words ace deemed in Saetiona 3, 11. 13,18, 20 and 21. Ceram rules regad(ng Hte usage of wads used in this document are also pmvidW W Section 16. (A) "Secuflty Insttwamwt" means this dowmenl, wblcb is dakd FEBRUARY 28, 2007 together with all Riders to this document. (B) "Borrower" Is ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE Harrower Is the ntenYgagor under Oft Security insimment. (C) "MERS" Is Mortgage Slectronle RcgWnt1= Systems, Inc. XIM is a separate corporation antis acting solely as a Oominee for L.eRdat teed Lender's an¢essoq and assigns. MM is the mortgegee under tbb Sect* Instnmtent. MERS Is aagtttized aad wasting under the laws of Delaware. and has in address and telephone number of P.O. Box 2028, Flint, MI 48501.2026, tel. (888) 679-MERS. PENNSYLVANW-SlVe Fam?y Dee?pir9PW= eou r arax FWAM MWRawle mot UNI%W INSTRUMFM • MERE www.+bana8k.cvm Fv'm 3039 01101 (02/01/07) Page 1 at 17 T-251 P-011/033 F-516 EK t 985PCOO 17 Jan-03-2006 03:32pm From- (D) "l.endEeis CASTLE POINT MORTGAGE, INC. Lender 13 1 MARYLAND CORPORATION organised and existing under the taws of MARYLAND Lender's address b 6800 DEZRPATF1 ROAD, SUITE 105, ELKRIOCE, MARYLAND 21075 M "Note" means the lzmad ZY 11016 signed by Borrower and dated FEBRUARY 2B, 2007 The Nair states that Harrower amx T.ender ONE HUNDRED EIGHTY-FIVE THOUSAND FIVZr HUNDRED AND 00/100 DoOus(U.S_S 185,500.00 )plus Interest. Borrower has promiscd to pay this debt in regular Periodic Z;'symenb nod io pay the debt in frill not Wer than APRIL I, 2037 M "Property" means the ptopaty that is desedbed below under the heeding Trans&r of Righb In the Property. (G) "Loan" moos the debt evidenced by the Noes. plus Interest, May prepey11" charges and We chazges due under the Note, and all sums due under Ills Security Instrument. plus Interest. (H) "Rides" mamas all Riders to" Scuffitylustremeet that ere esemted by Barmwer. The following Riders are to be executed by Borrower (check bar as epplteablel: ® Adjustable Rate Rider O Planned Unit Dtvnlopmeet Rider ? Belleau Rider 0 Biweekly Payment Rider © 14 Family Rider ? Second Home Rider Q COWCaniolum Rider ® Other(s) Ispw*) PREPAYMENT RIDER TO SECURITY INST M "Applicable Law" means all controlling applicable federal, sh" and Mural statutes, mgulattoos, ordinances and administrative rules and orders (thal have the effm of law) as wall as all applicable final, non-appealable judicial opinions. (1) "Cemtnnnley Association Doti, Fees, and Assraamaris" mesas aR dues, toes, as9essutte11ts and other charges that are imposed on Borrower or the Property by a condombdum association, homeowners asmct%dou or similar organization. (19 "Ehetreok Frmds Transfm" means any transfer of flumb, other than a traosecKoo odgbmmd by check, draft. or similar paper Instrument. which Is initiated through an electronic IerruWtal, telephONC hastrumeat. computer, or magnetic tape so as to order. instruct, or authorize it 6m=W Institution to debit or awlit an aornuat. Such term includes, but is not ltmtted to, point-of-sale trmsfcm, atitomaled teller machine trwactions, transfers initiated by telephone, wire trasuferr, and automated clearinghouse transfers. ¢) "Facraw Items" memos those Items that are described in Section 3. M "MiscoRaneom Proceeds" means any compensation, seidement, award of damages, or proceeds paid by any third party (other than insaradee proceeds paid under the coverages described in Section 5) for: (1) damage to. or PENNSYLVANIMSInp1e FZW aaat?r F¦nnle Mnfflraddle ILLS UNIFa1tM INS17tuMEW - MERS 77 Form 3039 o1w1 (02/01ro7) Pago 2 or W%W. vwn T-251 P.012/033 F-516 BK 1985PGOO 18' Jan-03-2006 03:33pm From- drstrrrclim Of, the Property; (U) eoodemoatlon orother tftg of all or any part of the proper ty; {iti) coaveyaace to heat of cm demmdea: or OY) 10"rme111BUDRS of or 010110100 as to, the value ad/0r e0nAdno of the Property. (NY 'MaKgage [e.".?,.^.• 10ons imurspee penterdloa Leader the BoopaymeBl oP, or default on, the Loan. (O) 'Faledk Payment" means do regularly st3sed dM smotmt ate for (i) prinrlp l and interest under tbo Note, phis (0) any amounts tinder Section 3 of tbls Swmity L4humeot. (P) "RBSPA" awro the Rfsel state Sdtlaneat Ptweahrm Aux (12 U.S.C, 62601 et ra3q.) and Its implemm tttg regaladOB. Regulation X (24 C.F.R. Part 350. as they algid be amended from time to tine, or any addltiOnal or sueewar legislation or regaladon that gaVWN the sacra Oabjeel matter. As used In dds Security hiMument, "RESPA' refers to all tegd mtenols and rsalefto that ana (mpmad to regard to a "federally retitled mortgage loan" even if the Lam floes eel gadlry as a 'fedat0y related moripp loans" under RESPA. (0) "successor Is Iseiarest of Bxsorrae mesas oily party that bo taken title to the Property. whether or mot that party has assuared Borrower's obligations trader the Note and/or tids Security lnsulunvot_ TRANSFER OF RIGHTS IN THE PRC)PERTY This Setvdly 6uerrarsent secures to Lender (t) the fePayment Of the Lon, and all renewals. esrenSions and modifications of the Nola: and (10 the performance of Borrower's coven" sad agreommts render this Security Instnanant sod the Note. Far this purpor e, Borrower does hereby medigaga, wit and tanvey to MERS (solely as nominee for Lewder and Lender's a0ccesaors and 834m) and to the successors and snips of MM the raowing described property located in the COUNTY of CUMBERLAND 17ypf of k--d g]vudtettoal INaa• Mf ?AMd1% jWbQwanl SEE LEGPL DES=FTIM ATTACHED 1EREM AND MAM A PART HDOOF AS EMMIT "A". A.P.N.: 46-06-0583-047C which cwrently has the address of 323 MNSTABLE ROAD ISM-11 CARLISLE PetraOylvauta 17013 {"PropwtyAddress"): Ieiryl IMP Code) TOGETHER WfIU 2H die improvements Bow or hereafter crecied 0 the property, and alt easements, apptoieefeal and fixtures now Or harem a pan Of the PCOP", All rePlaee MIS and additions shag also be covered by this SecurityInsorament. All of On femplag i1 referred to in this Seemity ltwa'umeot as the •pj,?.. Bmrmver unde i stands and agrees that MFRS holds wily kgai deb, to the late-am granted by Borrower I. this Security Imfitment. W. tf aecemary to comply with law or custom, MliliS (a1 Bomis ee for Leader and Lender's successors and amigns) bas the right: to arerdse soy or all of these bttaresfa, irwAdlq. but not lEmlled to, the right to foreclose PENNSYLVA Featpy Parole MarFraddli Niac utt1;" INSM MFNT • MFRS aoCAMOU rCrM 9039 07/01 (Q2/01f09) Pgao 3 or 77 ax T-251 P.013/033 F-516 HK ! 98SPG00•j 9 Jan-03-2008 03:33pm From- and sell the Property; and to take any action reap bW of Leader Including, but not limited to, releasing and canceling this Sam" Iatnnment. BORROWER COVENANTS that Borrower is lawfidly stied of the estate bcreby conveyed and has the right to mortgage. grant and convey the Property and that the Property it smaneumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all ciaisfls and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT comlbamun term mvcnanbfwmdomluse and neat-uniform covenants with limited variations by jmisdlc m to conAttrle a tndform security butrumerd covering real property, UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Patrtdpal. Interest, Emus Items. Prepayment Charges, and Late Char. Borrower shall pay when due the principal of, and inhavat on, the debt evidenced by the Noun and any prepayment charges and late charge due under the Note. Borrower shad also pry finds for Escrow Items pursuant to Section 3. Payments due under the Note and dtit Seem Instrument shall be made In U.S. currency. However, if nary thadt or otter inatrrmnent received by Linder as payment under the Note or Isis $em ty Instrument Is rowned to Leader ugpald. Lender may requite That airy or all snbsequent payments due tinder the Note and this Seetnity Instrument be made in one or more of the following forms, m selected by Lender: (a) crib; (b) money order; (c) eatl8ed check, bank check, tmaurr's check or cashier's check, provided any such Check is drawn upon an besdtudon whose deposits are insured by a federal agency. insbumeouBty. or eagty: or (d) Electronic Funds Transfer. Pttymwts are deemed received by Lender when received at the location designated is the Note or at sucb other lomuon as may be designated by Lender in aecmdance with the notice provlslorts in Section 15. Leader may return any payment or partial payment tribe payneat of partial payments atha uiRdew to bring the Loan current, Lender may aceept any payormt or partial payment hlsufildsot to bring the Loan current, without waters of any rights hereunder or Prejudice to Its rights to refuse such payment or partial payments in the fume, but Leader Is act obligated to apply $Pch payments at the rime such payments am accepted. If each Periodic Payment is applied as of Its scheduled due date. then Lender need not pay interest on omtppUed fiords. Lender may bold such unapplled funds until Borrower makes payment to bring the Loan cnrerd. If Borrower does not do so within a nmonable parted of time, Linder shall either apply ouch fiords or return them to Borrower. If oqt applied earlier, such funds will be applied to the outstanding principal balance under the Note lmntee kldy prior to foreclosure. No offset or claim wbich Borrower might have now or in the future againat Lender sball relieve Borrower hum making payments due under the Note and Ibis Security Insmmtent or performing the Cavenents and agreements secured by ttht Security Instrument. 2. Application of Payments at Proceeds. Except as otherwise described in this Seouon 2, all payments accepted and applied by Larder shag be applied to the following order of priority: (a) interest thte under the Note; (b) principal due under the Note; (c) amounts due under SLriion 3_ Such payments shall be applied to each Periodic Payment In the order in whisk It became due. Any remobdug amowLu sbal Inc applied g,y to loot charges. second to any other -aim Is dine under this Security Inmumeat. and then to reduce the principal balance of the Note. If Leader receives a payment from Borrower for a delinquent Periodic Payment which tacludes a m1ficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the laic charge. If more ihen Due Paiodlc Payment Is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Paymene If, and to the extent that, each payment can be paid In fail. To the extent that any excass e3dsts after the paytaent is applied to the full payment of one or mare Periodic payments, such excw may PFMdSYLY Fema OeaYayic tftmair eadlah0.rJa.- Farnge Mm/Fmdd1* Mac UNFORM INSTRUMENT - MFRS ?dhvnapn am Fain 3039 01101 (02/01107) Page A of 17 T-251 P-014/033 F-516 of 1985PGOOZO Jan-03-2008 03:34pm From- be applied to any We charges 11.11. Voluntary prepayments shat! be applied first to any prepayment charges and the, as described la the Note. Any application of payments, hmeranoe proceeds. or Mttiscallaamns Proceeds to principal due under the Note shall not wdend or postpone the due dete, or change The mount, Of the Periods Payments. 3. Fan ds far liam w totems. &,rrower shill pry to Leader on she day Periodic paymetus are due under she Note, until the Nose Is paid in full, a sum (tiro "Fmuda') to provide for payment of amounts due for (a) fazes and asseaaments mad other Items which can attain pdm tty over this Security Instrenw as a line or encumbraoc, 1111 ilk Property: (h) leasehold payments or grodad rents on the property, if any; (c) premiums far may and all Inauraoce required by Leader and? $action 5; and (t) Mortgage hantrance plc mine, Scary, or soy sums payable by Borrower to Lender In Bea of the payment of Mortgage Insumen premiums in accordance with the provisions of Section 10. Tbese items are called "F.seruw Items." At origination or at airy time draing lbe term of toe Loan, Leodermay require that Community Ammiathoa Daei. Fees, and AaaessmmYs. If atty. be escrowed by Borrower, and such dues, fees and assaxnsew sUU be an Escrow Item. Bonvurer shall promptly furnish to Leader Q notices of ammtnts to be paid under this Section. Borrower shall pay Leader the Funds for Eaeeow Items unless Leader valves Borrower's obligattod to pay the Fun& for any or all Esauw Items. Lauder may waive Borrower's oblWan to pay to Lender Forests for any or all Escrow Rem at say time. Any smdrwalvar may only be is wrhlag. In the event of such waiver. Borrower aball lay dhucily, when and where payable, the amounts due for any Escrow Items for which payment of ponds has been waived by Leader and, If Leader requires, shag tarnish to Leader receipts evidau ft such payment within such dme period as Lender may require. Borrower's obllgaden to make such payments and to provide receipts shall far all purposes be deemed to be a c ovammI and symament canals ed in obis Security Instrument, as the phrase "covenant and agreement" Is used in Section 9, Ir Borrow Is 614*4 to pay Fscmw Isms directly, pursuant to a waiver, and )torrower falls to pay the Mato due feran Fs=w Item. Loader may exu da its tights trader Section 9 and pay such amount and Borrower 5W then be ahilgwed under Section 9 to repay to Leader any such ataoeat. Lender may revolte the waiver as to any or all Escrow Items at any time by a notice given in accordance wish Section 15 and. upon such revocation, Harrower shaB pay to Leader all I=&. and in wide amomts, that are then required amier this Section 3. Leader may, at any time, collect and bold Funds In an suftestat (a) sufficient to permit Lender to apply the Funils at the time sptxtfted under RRMA, and (b) Ant to exceed the tanning amount a leader can require under RESPA. Lender sltsII estenate the amount of Funds due an the basis of current data and reasonable ustiewes; of expendihae s of future Escrow Leens or otherwise in accordance with Applicable Law. The Funds shall be held in an lastibdian whose deposes are Insured by a fedrrai agesq, Instrumentality, or easily (Including Lender. If Lender is an Institution whose deposits an so lasm14 or la any Pederai Home Loan Bank. Lender shall apply the Funds to pay the Escrow hems no later than the time specl&d under RPSPA. Lender shall ant d xrge Borrower for holding and applying the Few, maritally mu4 jing the acrow account, or verifying the Escrow Items, unless Lender pays Burrower interest on the Funds and Applicable Law permits Lender to matte such a charge. Unless an agreement Is made in writing or Applicable Law requires interest to be paid an the Funds, Lender shall not be roqulred to pay Borrower any Interest or tandnge on the Funds. Eorrowe r and Lender can agree in wilting. however, that Interest shag be paid on the Funds. Lander shall give to Borrower, without charge, an annual accounting of the Funds as required by MPA. If there is a surplus of Funds hold In escrow. as defined under RESPA. Lender shall amount to Borrower rot the occess finds in accordance with RESPA. If there Is a shortage of Funds held in escrow, as 4el3ned cruder RESPA. Lender shag notify 8otrower as required by ROSPA, and Burrower shall pay so Lao4or time amount necessary to make up the shortage In accordance with RESPA, but In no more then 12 moolhtly payments. )f there It a deikiency of PEDINSYLVANtpt- We AbcIe Fem"6yaM n?4ole aoae's'aaa Form 3039 0701 (02/0ro7) R INSTRUMENT - M?RSpage 5 or 17 WWk&dh&naSP-- coat T-251 P.015/033 F-516 Bit I985PGOa2 f Jan-03-2006 03:34pm From- Funds held In escrow. as deflned under RBSPA, Leudet ahell notify Borrower as requited by RFSPA, aad Borrower shall pay to Lcoder the amount necessary to make UP the ddid-cy N acenrdam with ROPA, but In no more than 12 monthly payments. Upon payment In fiat ofaS sums aecumd by this Security Imo urnmiL Leadasrsbap promptly redhad to Borrower any Funds held by Leader. 1. Charles: Liens. Borrower A4 pay all weer, &%amuneels, charges, fiats. and impoatrtons annburaws to Ere Property which can attain priority over this Security Instrument. leasehold peymeals or ground rents on the Property, if any. and Community Association Dues. Feaa, and Assa meots, if any. To the Macut that these item are Escrow Items. Borrower shall pay them In The meaner provided in Section 9. Borrm*w (a) agrees In shall ptnmpdy discharge any Len which has priority over rids Security Iesrrazaaw unless Bormwer: writing to the payment of the aldiptiao secured by eke Um In a manner acceptable to Leader. tw only so long as Borrower is performing such agreement; (b) comma the lien in good faith by. or defends agahm enforcement of the hen in, legal proceedings which in Lender's opinion operate to prevent the enforcemmt of ire lien while these proceedings are pending, but only until such proceedhW are concluded; or (c) secures firm the holder of the Iles an agreement sadsQ story to Lender srbm*natlag the Aw to tbis Security Inshwunt. If Lender dater mines that any pact of the Property Is subject to a Ilea which can analn priority over tits Security Irudrumeal, Lender may give Borrower a notice ddend*bg the Bur. Within 10 days of the date an which that notice Is given, Borrower shall satisfy the lean or take can or more of the actions sa" about in this Section 4. Lender may require Borrower to pay a one-time charge far a real estate lax verlfjcadon and/or reporting service used by Leader to wimactfan with this Loan. S. Property hung-Ante. Borrower shalt keep die Improvements now e;drtlag or hereafter erected on the Property lmorW against Ions by 11m, hazards laduded widdn the tares "wdended coverage." and say taller hazards hKhmftg but not Iimired to, earthquakes and floods, for which Leader requires lnsauance. Ttda huduance shall be malntelned In the amounts (including deductible levels) end far toe periods that Lender requtm. What Lender requires pursuant to the preceding sentences can ckwW dtrciag the term of the Loan. Tim hrsumoco da nlar provldfeg the imwestce shall be chwou by $omowe r subject to Lender's right to disapprove Borrower's choice, which right shall not be exeetinod unreasonably. Lender may require Borrower to pay. !a connection with this Low, either: (a) a ono- time charge for Dead zone deters inatlon, rarification and tracking services; or (b) a ace-tim charge far flood zone determination and certification services surd submeq,mmt charges qcb qme re nappings or similar changes ocean which ressoaebly might 96eei such determination or eertf l-flon. Borrower mien also he reapoessible for the payment of any fns Imposed by the Federal Emergency Irdamagement Agency In connection with the review of any flood zone de terminadau resulting Bunn an objection by Borrower. If Borrower fails to maintalr any of the coverages described above. Lender may obtain lmmnuwE coverage. rot Lender's option mod Borrower's eNponse. Lender Is under no obligA m to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender. but udgbt or migftt not protect Borrower. Borrower's equity in the Property, or the contents of the Properly. against sty risk, kaard or Isabildty and might provide greater or broom coverage than was previously In effect. Borrower acknowledges that the cost of the Insurance cov4gp so obtained might signifier exceed the cost of insmranes ON Borrower could bwc obtained. Any amounts disbursed by Lender under this Section 5 dude become additional debt of florrowar secured by this Security Instrument. These amounts skull bear Interest at the Note rate from the date of dialm mernent and shad be payable, with inch inured, upon notice from Lender to Beurower requesting Payment. AB insurance policies required by Leader and renewals of such policies shall be subject to Lender's right m disapS we such policies, shall Include a standard mortgage clause, and shell name Lender as mortgagau and/or as an PENNSYLVANIA-Sttgi. p`,glyIFb Fenn 3039 ie tact UNmm INMUM[Nr • MGRS docAreok Pbuv ® aowaaisea (CM I/07) Pege a of 17 wvvasdboa.VC.oom T-251 P.016/033 F-516 OK ! 98SP60022' Jan-03-2006 03:34pm From- addidaaai loss payee. Lender shall hove the right to bold the policdae and renewal caullcates. If Leader requires, Borrower sbait pr ompdy give to Lender all receipts of paid pneminms and rarewal notices. if Borrower obtains fury form of lmunw6v uuvwdp. not otherwise reodred by Lender', far dxmags to, cc desmicden of. the Pmpvty, such policy shall Include a standard mortgage clause and shall Rome Leader as mortgagee and/or as an addldonal loss payee. In toe event of loss, Bwowar shall glue prompt nod ca to the insurance carier and Lender. Lander mty make proof of taw if out made promptly by Borrower. tlmleas Lender and Borrower otherwise agree in writing. any insurance proceeds, whether or not the underlying hmmup a was required by Lender, W" be applied to reseurMmn or repair of the Property. if the restoration or repair Is emnunleaW reasmle and Lender's security is not lessened. puttng such repair and "arabon period, Lender shall have the right to bold such inset novel proceeds uuid Lander has bad au oppmAmity to Impact saoh Properly to tram the work has been completed to Lender's sadstaction. provided that swb inspection shall he uoderlakm promptly. Lender may disburse proceeds for the repairs and restoration to it single paymatt or in a wrlea of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law [equines interest to be paid on such insurance proceeds, Lender shall not be required to pey borrower any Interest or ea i*W an sorb proceeds. Pea fa' public adjusters. to other third parties, retained by Borrower shalt mot be peed old of the insurance proceeds and shall he the sole obligation of Bwrower. If the restoratioa or repair is not ecmmlcaQy feasible or Leader's security would be lessened, the insurance proceeds shall he applied to eke sums secured by this Se[mtty lugn""md. whrArr or teas then due, with the ex=, if a w, pald to Borrower. Such Insurance proceeds adtrdl he applied do the order provided for in Seeelen 2. If Borrower abondaas the Property. Leader may file, negotiate and settle any available tmsoramce balm and rowed matters. U Borrower does not respond widdo 30 days to a mike hum Leader that the Insurance carrier bas offered to =We a claim, then Lender mny negodale sad settle the claim. The 30-day period Will begin when the notice Is given. In either event, or if Lender acyalm the property udder Section 22 or otherwie, narrower hereby asslgas to lender (a) Borrower's r1gMs m any insurance proceeds in an ammo not to exrocd the amounts unpaid under the Nara or this Security Instrument, and (b) any other of Borrower's tigha (other than the right to Any refred of unearned premiums paid by Borrower) under all insurance politics coveting the property, iusarar as such rights are applicable to the coverage of the Property. Lender sorry use the insurance proceeds elibe r to repair or restore the Property or to pry amounts unpaid mrda the Note or this Security lestrument, whetter or not than due. 6. Ocmpamcy, Borrower shall occupy. establish, and use dw Properly as Borrower's principal residence: whhin 60 days after the execution of this Security Instrument sad shall eomtlnue to occupy the Property as Borrower's principal residence for at least a= year adhr the date of occupency, mdess Lauder otherwise agrees in writing, which consent !ball not be unreasonably withheld, or urdas erdenuatiq dremnstadean exist which are beyond Borrower s 7- Preservation, Maintenance and Protection of the Property: Inspections. Burrower shall not destroy, damage or impair the property, allow the Property to deteriorate or commit wasta on the Property. Whether or not Borrower Is raidtug in the property. Borrower shall malmaln the Property in order to Prevost the Property from deteriorating a decreasing la value due to its condition- Unless it b determined pursmat in Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deteriamdoo or damage. If lourance or coydad oration proceeds are paid in eonneetioa with damage to, or the taidug of, the Property, Borrower shall be fespoalble for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the rep*v and restoration in a single payment or in a series of progress payments as the work is completed. If the lasnrance or condemradon proceeds are not sufl!deed PENNSYLVANIA pFaml Doeahyta42%uxW JO-d-b-r» Fsmle MrNFraddle UNIFORM INSTMJW.NT - MERE w wn5IPw r4tg1--cwm Fvm 3039 x7101 (92/01107) 9e 7 or 17 T-251 P.017/033 F-516 UK ! 985PGQ023 Jan-03-2008 03:35pm From- to repair or reaure the Property, Borrower is not relieved of Borrower's ahligatiod for the completion of such repair or restoration. of the P Iflt lus reasonahle catlSe, Leader or Its agent msymaiteree+mamleentries upon andhupectlerrs Property. lender mity lospect the Interior of the Improvements on the Propetly. Lander shall give Borrower notice at the time of or prior to such an tderlor iaspedlon spect6* such reasonable cause. d. Dorzvacr's Loan Apps Sereewar abalt ho Id dethalt if, ,hwin8 the t.nan a fepilrotion pro=, Pdwrnwrrnr any swear or 001i artinK at the dhwdm of Bans r or with Borrower's losoMtft or consent gave gawartally false, misleadtpg, or Inaccurate Information or statements to Leader (or 11t1ett to pmvme Lender with material lpfermadon) in connection with the Lona. Matrtlal rep dons include, but are not limited to, reprrseotetbm concerning Borrower's occupancy of the rmpuiy as Borrower's prbwlW rWdencc. 9, protection of Leader's Interest in the ProperV and Rights under this Se ceaity lortrument. If (a) Borrower tails to perrorm U19 coveatwu nisi al(readucai? wuiakwd L. dill Gccurby L-busnow, (b) Wan IF a iaot procmdiag that gftk s%olfic"y affect.Lender's towel' in the Property and/orrlghb untie'this Security hstrumeat (such as a proceeding to bonktvptq, probate. for cand®nafioo or forfelima, for enforcement of a Ilea which may artaln priority over this Security lnrincwent or to onfarce laws or fgpMons), or (c) Borrower has abandoned the Property, these Leader may dot and pay for whatever is ressanable or appropriate to protect Lender's inkrest In the Property add rights under this Security Insirmsem, including protecting andlar assessing flee value of the Properly, ad securing and/or repairing ebe Property. Lender's atdiana can include. but are not I'mtted to: (a) eying any sons secured by a Ilan which has priority over this Seem* Instrument: (h) appeedng in court; cad (e) pt4'iog -able attorneys' fees to protect its interest In the Property an/or rights radar this Security lostrument, Including Lis seared position in a banlavptey proceeding. Searing the Property includes, but Is not limited to, emleriog the Pm" to make repairs. change locia, replace or botud cup doors and windmn. drain water f um pipes. eliminate building or other code violations or dangerous conditions, and have atditia turned on or off. Although Lender may tape action under ads SeWon 9. Lender does not have to dot so and Is not wider any doly or obligation 10 do so. It is agreed that Lender incurs no liability for not takfig any or all Kit= aalbortad under this Session s. Any amounts disbursed by Lender under ills Secdoo 9 stall become additional debt of Borrower seeuredby this Security hea rumant. These amounts shall bear intared at the Note rate from the date of dlabunseumut and shall be payable, with such interest, upon notice from Lender m Borrower regetaWug p 7mant. If this Security insimment is an a lauthold, Borrower sbA comply with all the provisions of the lease. Borrower3hill net surrender the IeasaboId ailateand IntertO beretnconveyed ortawinateat cancelthe ground lease. $orrowt r shall not, without the aspens wrilha consent of Leader, altar or amend the ground lease. If Borrower acquirer fee title to the Property, the teasehoM and the fee title shall not merge unless Leader agrees to the monger In writing. 10. Morgpngebunusace.IfLeaderrequkMMoregagnlasmnmeasacoadldanofniaWgthelean,Borrower shall pay the premium required to maintain the Mortgage Insurance, in eMo. If, for any reason. the Mortgage Insurance coveraga required byLeader erases in be available from the mortgage Insurer that previously provided sash insurance and Ikurower was required in malts separately designated payments toward the Premium for Mortgage Insurance, Borrower shall pay the premiums regnlred to auto coverage substantially equivalent to the Mortgage lamrance previously in cffecb at a cast substantially agniv hM to the cast to Borrower of the Mortgage Insurance previously to affect, from an akarnue mortgage hannigr vhedad by Under. if sobstantlaily equivalent Mortgage Insarsate coverage Is not available, BorrowershaB continue to pat to Lander the amount of the separately designated paymens ilia were due wbcn the insurance coverage ecLied iaLie In etract leader WO accept, use and retain these payments as a noo-refundable lass reserve In Ben of Mmigaga Insurance. Such toss reserve shall he non-refundable, PENNSYLVAMA,-Sdiete F?M CooMdgk4M%np a aoao.arm Fannie MOOff addle ALc LNS7nuMENT - MESS w?,.rtadaagia Fenn 3039 01101 IMMI/07) Pape a of 17 T-251 P. 018/033 F-516 8K 1985PGOOZ4. Jan-03-2008 03:35we From- ealwlibsteading the fact that die Loan is uMI MUdy pdd in fail, god T gn shall not be ropaired to pay BC11Vwer any beans or euraMp on sucb loss restive. Leader can no'COW reepdie loss reserve payments if Mortgage Irouratce coverage (tn the amend and for the period that Leader mgdrea) pavlded by am insurer sehcted by Leader again becomes available, is obtained, and Lender requbss sepaealely designated pgmmb toward do pwhb= for MorWr Iaorance. V Lender required Morl F IaslsaaCO as a oo10 too of otoldog tits Lava and Borrower was Toward the premhorss for Mortgage msruanoe, BnErower sha11 pay the pred to make separately nted p10y or to provide a mmreti m fable- loss reserve. until the lobs tequtred to maintain MaetBagn has Io?uraace is efBect. Leas requimmam for Mortgage Ittamatlee tufts In aetsscdaaeewtth any wdaea ae<memen1 between Borrower sad Leader providing for such terminadon or -M brmbdim is MgUIMd by AMU-bla Law. );Gibing In this Section 10 affects Borrowers ofd[gaa n to pay interest st the rate provided In flue Note. Mortgage Inttsaace reimburses Lender (m say eadh that !rte the NOW for certain losses It may Incur if Borrower does am repay the Loan as aVM d. Borrower Is act a patty to the Mortgage Imuraacc• Mortgage worm evalume the]( law rhi on all each insurance is force i? doe to time. and may outer into agreements with other parties that share or modify tbeir risk. or reduce tsars. These agreements are on testa and condtdons &M era HOMY to dw mortgage demo and the Other party (or parch) b these agreements. These agrwnpam may require the mmtgaga Insurer to stake p"Ris usbg any sowce of foods that the mortgage insurer may have available (which stay hselede funds nUldaed from Monpge InnQathce pramhm>s) Asa recap of these agreements, leader, arty pair of Iha Note, asathcr itssttrer, any reJaattter, any other eptiry, err any arBBate Of anp of the foregoing, umy reoetve (diaatlly or btdkecify) amotttut that derive frnm (or might he charaetedzed as) a portion of Borrower's payment far Mort?ga Insaraace. to ettcllMge for sharing or modiCying the mortgage lttsnr*r's risk or rdueing losses. if aucb aglamtant A+Odden that sa sfffliste of Lender takes a share of the h>sarer's risk in exciridge for a share of the prtsatitttiu paid to the lasarer. the arrongameol Is often tinned "captive mbduranco." Further: for Merl (a) Any Such agreements win not affect the s a D me there Borrower has age" to pay &F Inwri ace, or say other terse of the Loma. 506 agrwxl=U wIB ant 1wrOw the atuouat Borrower will owe for Margo Iaeuranee, and they will not 91011110 llorWOwa'to nay refund (b) Any sock agree>'gmis will Not sdFeet the r*b Bon oome has - If aay -with napeet to the dortgage insurance Order tfte 1lmaeatrnere Prot-don Art of LOW nor tttq nier law. These rlghn may include the right to reredve aerials dmloamas. to request tend obtain teneeatlsa of the Mertgag! Itaarmrce, to bare the Marl" InatedaotomatkaBy, and/ortomeh+arehmdofanyMorrgsgafnsw-Pnod' that were mtearwd at the time d each rarhooBadorr or tasdwotM.. 11. Aadgameot f Mlaedb mau% proceeds; ForMum. All IAIMM laneous proceeds are hereby assigned to and shall be paid to Lender. If the Property 13 daautged. tauCh Miscellaneous Proc:ceds aball be applied to restoration Or repair orlbe property. if the restOrauod or repair is econoadeatly feasfbla and Leader's a muity is not leasesed. Daft such repair and retlordhdd period. Leader shall have the right to bold eerie MLsceibmem Proceeds unit Lender bas had an Opponpuuy to inspect such property to ensure the work has bean completed to Lender's md*ctlo0. provided that such inspection shall be undertaken promptly. Leodermay pay far the repairs and restoration In a single disbumnew arm a se des of p mgrew payments as the work is vx*t ted. Uabw as agreement b made in wrIft or Applicable Law requires interest to be paid on such WftmelleaeOm Proceeds. Lender shall not be required to pay Borrower any interest or earnlggs on each Mlaeellaoeous Praceelb- If The reetoradon or repair Is not ecooomtcally feasible or Leader's seod* would be lessened, the Misc9paoeous Proceeds shall be applied to the s¦ms secured by this Security ??, 1,?ttUA-S1nnay11?e y cE?sna?? tt?NNN? YY VINrelF+eanaa Mac uN?IFORM INSTtiuMF7ar - MFRS ??? Form 3039 OlAn (DMJM7) Page 0 of 17 T-251 P.019/033 F-516 BK ! 985PG0025 _ Jan-03-2006 03:36pm From- Instrument. whether or eat then due. with the Vass, if any, paid b Borrower. Such Mtsctdlaeeoos Proceeds stall be applied in the order provided For in Section Z- rhe ia the evert of a total taking, deetruetion, or lmy in vabo of he potmeaty duo with 1ha ertceasPmeeeds shall , Jr any. paid be applied to ate sums secured by this Secariuy IUMMMO. whether Borrower. In the event of a partial taking. desbuctioa. or Isms In value of die Property in which me fair market The vlLue of rite Property Innnedhdtety before the partial tiring, destruction. or lop in vahe Is equal to or greater than of the areas secured by ddb Security LwRndaeat. immediately heft- the partial Wftg, destruction, or loss In vahde, uuhesa Borrower and Lander otherwise agree In wditng, The wow saw by thb Security Iasuvmeat shall be reduced t r the rR,aawt of the AalamliummR p^++'rrd+rmdttpkbd by the faliowla9 fYT U91L' (a) the halal amount of the soma socorcd b muediaidy before the pmW taking. destruction. or loss In value divided W (b) the fWr market value of rho property Immediately before the partial taking, destruction. or loos In value, Arty balance shalt be pall to Borrower. kn the event of a partial taking. destruction, or loss In mks of &a Property in which die fair market value of the property bnmedlatdy before the Partial taking, deshacdon, or Ioas is value Is less tbm the amount of the sans secured humediately before the padW taking, datrurlion, or loss In value, unless Borrower and Leader otherwise agree in writing, the Miscellaneous Proceedaslull be applied to the senor seearerlhy this Secaft laMurnent whether or rot the tuns are den due. if the Property is abandoned by Borrower, or if, offer nodes by Larder to Borrower that the Opposing Party (aa defined In The nod senteme) offers to make an award to sank a claim for damages, Borrower falls to respond to Lender YAWn 30 days alter the date the notice Ia given. Lander is authorized to collect and apidy am Miscellaneous Proceeds either to restoration or repair- of the Property or to the saw aaenred by dds Security or not thm dae. "Opposing Party" mrsen the third party diet owes Borrower Mlscel]meous Proceeds or the party against whom Borrower has a right of action to regard to Arltsmilaneorts Proceeds. Borrower shall be in de&Wt if any action or proceeding, whether dvII or criminal, is begun am. in Lender's judgment, could result in forfeiture of the Property or other mterLd impairment of L"dar's interest in the Property or rights under this Security Instrument. Borrower rata taro w& a dafmdt and, tf acrduatim bas occurred. relowe as provided in Section 19, by earning Mir action or proceeding( ?m,,.b?t.e,,,d?is?mbssd with a ruling that. In Leader's Judgment, prechudet forfeiture of the Property or older material tmpoinumtt of Lender's interest In die Property or tights udda dtis Security Irgpam®r. The proceeds of any ? a??w,a,,r,d?,ror claim for damages drat we attributable to the impairmM or Lender's latetest In the Property are hereby pang zed shall be paid to Lender. All Mlscellanewcs Proceeds that are not applied le restoration or repair of the Property shall be applied In the order proNded for in Seetka 2. 12. Borrower Not ftaleaaedi Forbearance By Lender Not a Walver. Extension of the rime for payment or m" c2tion of amordaatlon of the sums secured by thia Sacm ty Iaattrtuneat granted by Lerner to Borrower or any Succww in Interest of Borrower aball not operate to release the liability of Borrower or any Succession in Interest of Borrower. Lender shall not he rqp red to commence proocedbigs against any Succenor in latertst of Borrower or to rerucse to extend dare for paymeatt or nthw rise modify amortization of the saw secured by this Security Instrument by reason of any dennand made by the original Borrower or any Succusors In Interest of Borrower. Any forbeamee by Lender In exercising any fight or remedy Inchm1t6. wubnut ituatattoo. Lender's acceptance of payments from third peusoas, entitles or Sucmwon to lataest or Borrower or In amoneta less than the smouuu then due, shall dot be a waiver of or preclude the exemLse of ¦ly rigbt or reasedy. 13. Joint and Several Unh't?gt1y?w; 'Co•slaaesW Sac aaorsad Aodgm Brand. Bturowercovenanls and agrees that Borrower's ebligatiems and hablllty shall be joint and several. However, achy Boaowerwbo co-sips tits Security PENNSriVAN b F.may pp¢Ar°'pdc?t rma+s•o>az MF niaM?F?eE Ere Nfaa UN i INSTRUMENT - MFRS rrww daca,.e ?. Farm 3030 orpl M.1011071 Page 10 W 11 T-251 P.020/033 F-516 BK ! 985FIG0026 Jan-03-2008 03:36pm From- Instrument but does not execma due Note (a "to•stguar"): (a)te the terms ?this Soon* e° grant and convey the cn-signer's Interest in the Property permotft ohl o ed to pay the sums secured by this 5ecally Imntraned. and (c) a8rees that Lander and any other Bonovrer ew agree to extend, modify, futbet r or muke any accommodiialm with regard to the terms of ibis Security Instrument or due Note without the co-signer's consent. SaWd to the provisions of Section 19. any Soccanor In Interest of Borrower who assumes Borrower's obggttioat under this Security Instrument In wrldag, and Is approved by Leader, shall obtain all of Borrower's rights and benefits under this Secu tr Instrument. Borrower sha8 not be rdeuedfrom awrower's ohpgadmhs and ttablUty under this Security Ins nuftat anl® Lender agrees to such ralemin writing. The covenants and apaements of this Security Instrument shaLL bind (except as provided In Section 20 and benefit the successors and aasigat of Lender. 14. l..pan Ore rgea. Lender may charge BunwAvr few for awdees informed in connection with Borrower's detmtih, for the purpose of protecft Leader's Internet is the Property and tights under this Security Instrument. bucleding, but not IhWted to, actomeys' foes, propWiy taspticdon and valuation fees. In relpi d n any other fans, the absence of a xprms authority in M 5ecortty IaiWmmmt to tbarge a apedfic fee to Borrower shall not be construed as a protttWaos an do charging of sur11 fee. Lender may not charge feess that are napres* prohibited by this Security Instatement or by Applicable Law. If die Lout is subject to a law which sets m ain = Ian charges, and that law is finally lattrpreted so that die interest or other low charges collected or to be collected to connection with the Loan exceed the parroined limits. then: (a) soy sad loan dtarge shall be reduced by the amount stay to reduce the charge w the permltled think: and (b) any suns already collected from Borrower which emeeeded perndkted limits will be refunded to Borrower. Lender my choose to make this refund by reditidrig the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces prbmW, On reduction W41 he treated as it ptalial prepayment without any prepayment charge (whether or not a prepayment charge 1s prodded fur under the NOW. Borrowers acceptance of any such refund movie by direct payment to Borrower will cmuitlhtle a waiver of any tight of action Borrower nught have wl" out of such overcharge. 15. Nodew. All notiew given by Borrower or Le°der is connection with "Security Imtrnmind roust be in writing. Amy notice to Borrower to connection with this Secmdty Justin menl shall be deemed to have bean given to Borrower when mailed by lhst class mall or when actually ddtvemd to Borrower's notice address If sent by other means. Notice to any one Borrower shall wmdwo notice to as Bonuwars unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has deslgeated a substimin acute address by notice to Lender. Borrower sltaB promptly notify Lender of Borrower's chop of address. If Lender specifies a procedure for reporting Borrower's cmge ofaddrms, then Borrowersball only report a change of address through that specified proeedare. 17urra may be titdy one datgaaeed notice address under ibis Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by malting It by first class maU to Lender's address stated herein imins Lender has desipated another address by matte to Bonvwer- Any notes in caunecdon with ttds Security Imm ummt shall not be deemed to have been even to Lender troll arittaity waived by Lender. If any notice required by this SeosBy Instrument is also required under Applteabk Law, the Applicable Law requirement will satisfy the corresponi ttg requiromost cmder this Security .Instrument. 18. Governing Law. Severabllityt Roles of Csaaoscllm This Security Instrument shall be governed by faiertd law and the law of die jurisdiction In -Lich die Property 1s Waded. AR rigiW and obligations contained in this Secwirf Inshumemt are aubj to any requiremaats and limitations of AppBsable Law. Applicable Law might expMfly or implicitly allow the parties to agree by mohv d or it might be silent, but such stlence stud not be conshued as a prohibition against agreement by eonuact- In the event that any provision or clause of this Security at rwSYLV sinau famav tlaeaHDtc®a sroa.s,?ts FannTe Maeffn tea Mae h1Ni lN51AUMENT - MEPS ?rrr,?.dagtpapfecmmh rorm 3D36 01/01 (0210i" Page 11 of 17 T-251 P.021/033 F-516 BK 198SP60027 Jan-03-2006 03:37pm From- Ldbumait or the Nola conflicts with Applicable lnw, such conflict shill not affect other prorWoos of this Snotty Instrument or rho Note which can he given affWa without the conE ling provision. Ag used In this Sec rltr bgranleaL• (a) warts of the matrulmo Bender ti.D ewe art twdude eornupa,, %% neuter words or words of the hmdutm gender; (b) words In the riogular Shall mean and include the plural and vice versa: and (c) the word "may" gives sole dlseretlen without any obYgadon to take any action. 17. Borrower's Copy. Borrower Sher he given one copy of the Note and of this Security Instrument, 19. Ttaasfcc of the Property or a Beae&d.l Irlt! M in 1111mmar. As used in this Section 18. 'Interest in the Property' means arty legal or beee8clal hang In the property. inciadlog, but not limited to, those beneficial interests W-hrred to a bond for deed, contract for dad. Installment sales counsel or escrow agreement, the intent of which Is tie transfer of title by Borrower at a him date to a pwchn err. If all or any part of the Property or any Interest to the Property Is sold or transferred (or if Summer is not a natures person and a beaeflrial lowest In Burrower Is soli or tramrerreAD without Lender's prior written consent. Lander may r@qW ! lnmmdlate Dttymant in fnH of aB a,rn.s v*r trad by irk Seourky IA- -ML f law...., , d.ie .paY. shall col be tnrrkgd by Lender If arch axvrlw is prolrlislted by Applicable Law. if Lender exeroesas this option, Lender" give Borrower notice of acceleration. The ooticeshallpravlde a period of met less du m 30 days from the data the notim is gtmtk is accordance with Section 15 within which Borrower must pay all nos segued by this Secti ft lust$monnt. B'Bomrwer fops to pay these sums prior tD the expifatimn of this period. Lender may Invoke any remedies permitted by this Secusity Instrument wlthont further ¦omce or demand an Born war. it. Borrower's Right to Relmhte ARw Acceieradoo. If Bonowermeets certain ceodidoos, Bomwershall have nbe right to have enforcement of dds SwArity Imtrumemt Awastlnued at any time prior ho the earliest of: (a) Five days before sale of the Property pursuant to any power of sale contained in dds Security Iatlrmoent', (b) such other period is Applicable taw might specify for the termtmetiot of Borrower's right to rtdustate; m' (c) entry of a Judgment snfarding fists Security Instrument. Those cmAdons am that Borrower- (a) pays Leader all sums which then would beduo tinder this Security Insirumcni and the Note as if oo acceleration Wsd occurred; (b) Bums my default of any other covenants or agreetments; (e) pays an expetsm incurred In enforcing this Security L6trmunal, tnctudiog, but not limited to, reasonable anorneys' fees, properly inspection and valuation fees, and other fees Ineurnd for the purpose of protecting Lender's Interest In the Property and rights under fhb Security hartrvment; and (d) takes such action as Lender may reasettably require to assure that lender's imaew in the Property and rights pdeder this Security Instrument. apd Borrower's obligation to pay the am secondby 11b Sc miry Instrument. shalt continue unchanged, Lender may regatre (be( Somower pay such rainshlmteM sums and eapeoses in ors or more of the foilawlng forms. as selected by Lender: (a) cash; (b) money order, (c) tented check, belt do*. treasurer's check or cashier's check, provided any such check Is drawn upon an i sdtudeo wime deposits ass Insured by a federal agency, tastnumentalky or entity; or (d) Eiecuoatc Funds Transfer. Upon relestatament by Borrower, this SteurllyIms imment and obligadons secured herahy shall remain filly effective as If oo acccelendw bad occurred. However, this right to reinstate shall no( apply in the can of acceleration under Section 18. 28. Sale of Note; Grange of Loan Savieer; Nodee of Grievance. Tin Note or a partial interest in the Note (cog.tier *Wth tkb fire ring hw ummt) .+a k mM uuu yr aru dzm wubtnu pnorn=ce to darfower, A sale might result in a change In the entity (known as the "Loan Servlear") that Wheel Pe<todic Payn e m due under the Note and this Security Instrument and performs other mmt pge loan servicing obligations under the Note, Ibis Security instrt meat, and Applicable Law. Than also might be one or room changes of the Loam Senicer unrelated to a sale of the Note. Irthere is a change of me Loan Servicer, Banvwerudll be given write= notice of the change which will stale the tame and address of the owe Loan Servicer, the address to which payments should be madeamd any other VANMh3Mgk F RM [N4TRtiMEN r. MM F-rop addM Nlsc M Am Docastwe down= aaaa#rraer FMorM m3003aO'3OU ??? 1107 (02101107) Page 12 or 77 per, T-251 P-022/033 F-516 8K-1985PGO028 Jan-03-2008 03:37pm From- irrfprunt(an RESPA requires in connection with a notice of transfer of servicing. If the Nave is sold and then aRer The Loan Is serviced by a Loan Servtcer other than the purchaser of The Note, the mar" tons servicing obBgattons to Borrower Will rEnud" with the 1 471 Serview or be l wz&rmd to a succaaaor loan 5ervtcer and are not assamed by thc Note porshmer ualeas odtawLw provided by the Note purrl asar- Neidw Botr over nor bender mqy cuu mence, joie, or bo jobed to any judiciet anion (m either an individual lidgmat or the member of a clue) fiat arises from tie pow party's actions pennant to ibis soca tty lmbvaoeat or diet xdle8cs the the other party has breached any pmvWm a& or say duty owed by realm of, ibis Security Inwu mmi, until such Borrower or Lander has noMed tie other parry (wl* such notice given in eampHmm with the raquir mo mis of Sacdoo 15) of such 811118114 breach rod of Oldad ibe other patty beeto a remso "period abler 111118hing of such notice to fate cozy live notes. 17 Apocitlile Law thuvldw a thou period which unm etapm beime eertiln action can be talfa. tier time period will he deemed to be remosahfe for pesrpeaen of this paragrapb. The notice of acceleration and opportunity to rags Sim to Borrower por emmul m Sect mu 22 laid the notice of secedermon given to BorrowvpnrpponttoSeeyiemIsahapbetlee11sedlanthfytherAike Aopporha*iolakecoaemveactimpmvistom of this Saxton 20. 21. Hazardmss Substances. As used to this Section Zl: (a) "Hazardous Substances" are those substances defined as toxic or hazardous anbs(mrces, polluawd, or wmxW by gyvtraamemial Law and the following substances: gaselim, keromm, other flammable or tmdc pe rdetm prodim. logic pesticides fad herbicides, volatile solvents, xmteriais etmealafag ashestm or formddehyde, and radioactive sauafals; (b) "Snviroemrenut Law" meaaa federal laws and taws of theyntidle tim where the Properlyin tooted that r11Lte to bedth. safety or emiroommlal protection; (c) "Envi ramertd Damp" Includes any response action, remeild arlina, or removal action, as defined In Envlrvrm ulat Law: and (d) an "Eavtrunimental Condition" means a candkion that can cause, contribute to. or otherwise trigger an Envtrorme sW Cleanup. Borrower shall not cause or permit the presence. use, dtapusrrl, alorage, or retuase of any Haardous Substances, or threaten to release any Haz u&m substances, on or In die Property. Borrower 4mll not do. nor allow anyone else eo do, anything aifectlrg the Properly (a) that is to violatlm of say Envlronmamal law. (b) which trdaa an Envtranmenlal Condition, or (c) which, due to the presence, use, at releam of a Ha=dous 503tarue. creates a condition tbat adversely affeces the value of the limpaly. The preceding two senlencrs shall pot apply to the presence, use, or morage oo the Propmty of m ma quuntides of Hazartlons Substa es that erne generally recognized to be appropriate to normal residential uses and to snalulenance of the property (including, but not limited to, hazardous salistanees in cammuner products). Borrower shall promptly give Leader wrbm notice of (It) any Investigation, claim, dewand. lawsuh or Other action by any govermam al orregdmtoy agency arFdvate"Involving the Property gad any Hazardous Snbslance or 8nvbonmental Law ofwbieh Bwower has actual kambedge, (b) any Pnvi moneald Condition, iarlut Ug but not limited to, may spilling. hAbg, dluhar&e, roinse or threat of leles se of any Hazardous Substance. and (c) any condition camcd by the presence, use or release of a Haardous Substance which adverm3y aReW the value of the Property. If Borrower beams, or h oatifted by any goveumental or regulatory authority, or any private parry, that any removal or other remediation of any Hazardous Substance affecting the Property is secessary. Borrower shall prarxpdy take all necessary remedial actions in accordance withEnvlmuureuud Law. Nothing berein shall m Bare any obligatim oa Leader for an Environu nmd Cleanup. NON-UNIFORM COVENANTS. Borrower and Leader further covenant and agree as follows: 22. Accelermflon: Remedies. Lender *91 glee safe to Borrower prior to acceleration following Borrower's breachaf may covenant oragrseme tinthis Security1di trmneat (butoot prior toacceleradenwider PE"SYLYA Foa?gqyy DnoM11arc Fonei11 monlFromm m1c UIVrFORM 1roSntt>tytgt?7 - MERS almismor 0"?r7m: Poem 3039 07/01 (02101!07) Page 13 or 77 rrrrw t T-251 P.023/033 F-516 BK-! 98SK002-9 Jan-03-2006 03:37pm From- Section a8a?4 1 a Jaw prgW" otbu,,W. LanderaW nogfjr 8orcnwQ oP amottg otter Ihiop: fiiium to am the derault as spodUcd may lgYl[ in ?? to can the dtin &c (Ja0trj Whoa Ifta d Imat be taasd; and (d) that IashVmeal, farsdaaare 017dbIl Of ibe?a1Wf OeAil-ed br tllhf Secad of the rigt to reiras?te e? aeees llaus proveedft r a ad ??y 4farm Borrower e of a defarlt ar arry other dafenee of Barrraer 1. atowlerallaa lead ibteNaeure. If the def&Wt ha asst taored as apedtiad, Lender at Us aptim may regrho lmaled?& PUrNEWS! y &I of all uama secured by this Seratity ? eat wit to cobect aldentaed and uW ibsedm debt Ssc u lnaenwm by jwSc l payo?F Leader loamaWd ha y I at hnxuWgWpro clod in ihta Swift ZZ, , bttt Rat Baked to, afbrneys' firs and awe of dOe ealdetaos to &e eaEtot p maiet d by Applcahle lbeluding Lw, Z3. Releare. Upon payment of all scam sauced by &b 5ecuriry LKtr mseot, this Secadly but uuen t and dw estate cmvryed shall to mhade and become void. After stub oena'e usce, Lender shall discharge wad satisfy this Security 1nstrutnenL Borrower shaD pay wry mewdova costs. I.oednr may charge Borrower a he far relessing dais Secu ity hlaQUment, but only 1f the fee Is paid to it d*d patty for sawees reudered and the petm)Red under Applteable Law. cberJl?g of the fee is 24. Watrurs. Borrower. to the exte* p undmed by Applicable Law, waivas and releases my error or defects to preceeruags to edfa= this Sectaibr Iallft moat, and hereby waives the bendIt of racy prmew or future laws providing for stay of exacoHan, extension of doe, exemption titan v aclm,etu. levy and sale, and homestead exemption- 25. Aelaatatetreot Period. Borrower's aloe In rplusmte pwvlded in Section 19 shall extend to one hour prior to the coatmenr^ent of blddteg at a aherlWs sale or alher sale pursuant 15 ibis Security k*tm eat. ,.?„r U. P rPm ba Mauty Mortgage- If any of do ddx segued by tit, SKyrny IrutrwReat is leaf In Borrower to Z7, "two $a AL. Rate After j 0...,-, UJ a-& -MR 9.0 as a purcame taaoaey ElUrro.. hortm an the Note or to an action er Sommer agrees daft the heariet rate payable after aptdgment is entered 1Oartgage foreclosure shall be the fate payable 8vm thae to floe under the Note. SYLVANL4-St?? Frady Farm. NIGG& Wdlee Mie4 UNIFORM INSTRUMWr. MERS Mallfa 6pppa iyaa Farm 3039 01101 (02/01/07) Page 14 of 17 ?? doeen?fe-mat T-251 P.024/033 F-516 RU 19,B5PG0030 i . . Jan-03-2006 03:38am From- BY SIGNING BELOW. Borrower accepts tod Wm to the mm and anwemts cpnmlmd to this Semdty ima mmt and to any Rich execued by Borrower and recorded wltb G. a- (SC4 ANTHON,' . PETRONE -Borrower - V-0 -Borrower P4 -Borrower - (Seal) -Borrower WItneo. Wltaem: ne?r?s,2vaiwn.. DpCMiplcdpb ? Maan lim Fo?rtn 3p g 'dale FBIMI ?? MW%I M INSY*UN*Mr. ME RS 75 or 77 WWW mm g6r.G& ? 8K 1985PGO031 a?fu HEATHER PETRONE -Barroom (Seal) -Borrower T-251 P-025/033 F-516 Jan-03-2008 03:38pm From- [SPEW 9afaw TM Lin. For AetnovAmOymntj COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND 55: . _ ) On this the i- te;y of before me C X ?? t t't'Ce the underalgned officer, personally appeared ANTHONY C. _PETRONE AND HEATHER PETRONE known to me for satisfactorily proven) to be the person(a) wlsose n? o) bfam sabstribed to the wtthln int:trumenl and addvtowladded that hdaho/they exeimied the same for the purposes Ntarefn t:omained. In wirnew whereof, I hermmo sel AV htmd and offieW seals. $1?6a11tR COmmonwoalth Of Pannsvkw?u Hlarallal Sed 1+Mo* Chkw, r, Naby PoW hlarnpden'IMp., R4t10rh1111dC?71RJOy My f?0nanbelOn F?Ites Ma/ 19,?Dff/ ( t41rn4.c MMent#rtatOfN?ttes S` ( C- f Tltie of Officer (Nomy's Stamp and Fmbmar) My commisM[on exp1m: t ` L 1 PONSYLVA N Fum Fain MadFremte M.C UM9 y- A MtsTM&NT - MFRS ooraa yfp cv? aavaataar e Form 7039 GIM1 (02 OI*7) Page 16 of 77 wwwabwrwytr^oor BK 1985PG0032 T-251 P-026/033 F-516 Jan-03-2006 03:38pm From- .fwd u}e of RWdm ft of MMjgW The andersigned hereby cm8$es drat; 0) halsbe is db Morgnm rr 1hm duly mudmriaed aumney or agent of the Morgnme nammd in the nldrln hwhvrmemi; and (li) Mm 'gig ',s p eelac rad4em is; P.0 BOX 2026, FLINT MT 485DI Wllnaw my baud [W 0? day of 1 `mil ,Xgummm afMmrigagen or Marippe's Daly Audgrited Aliomey or Agent K)i c.k) - ?-w `t cnncjr- Type-P&CNemeolMnngagaeaMoslg VeSD*AmbKtWA9orneywAgeul PU9NSYiYANA-S'mDb fmmA F? Farwom MmOrm"s t1 Mec IiF&M INSTRUME f • MFRS n?M wrw tlo n muq~ form 3039 0V07 (02107/07) Page 17 of 77 BKt985PGO033 T-251 P-027/033 F-516 P. i r VERIFICATION Scott A. Dietterick, Esquire hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c) and that the statements made in the foregoing pleading in the Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is the undersigned's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsifi Dated: U [? PA I.D..#55650 00 4 00 CASE NO: 2008-00315 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UBS REAL ESTATE SECURITIES INC VS PETRONE ANTHONY ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PETRONE ANTHONY AKA ANTHONY C PETRONE the DEFENDANT , at 1250:00 HOURS, on the 16th day of January , 2008 at 323 BARNSTABLE ROAD CARLISLE, PA 17013 ANTHONY PETRONE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 ?a?yld d C 00 3 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 01/17/2008 ZUCKER GOLDBERG ACKERMAN By: Dep y Sheriff of A. D. SHERIFF'S RETURN - REGULAR s ",-1 CASE NO: 2008-00315 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UBS REAL ESTATE SECURITIES INC VS PETRONE ANTHONY ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PETRONE HEATHER the DEFENDANT , at 1250:00 HOURS, on the 16th day of January , 2008 at 323 BARNSTABLE ROAD CARLISLE, PA 17013 by handing to ANTHONY PETRONE, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 t??qj OF .00 1 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 01/17/2008 ZUCKER GOLDBERG ACKERMAN By: eputy heriff A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS Real Estate Securities, Inc, Plaintiff ISSUE NUMBER: vs. CIVIL DIVISION No.: 2008-00315 TYPE OF PLEADING: Anthony Petrone a/k/a Anthony C. Petrone; PRAECIPE FOR DEFAULT Heather Petrone; JUDGMENT (Mortgage Foreclosure) Defendant(s). I Hereby certify that the last known address of Defendant(s) is/are: 323 Barnstable Rc Carlisle, PA 1701 FILED ON BEHALF OF: UBS Real Estate Securities, Inc Plaintiff COUNSEL OF RECORD FOR THIS PARTY: ZUCKER,GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa I.D.# 55650 Kimberly A. Bonner, Esquire Pa I.D. #89705 Richard P. Haber, Esquire Pa I.D. #202567 Eric Santos, Esquire Pa I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 Atty File No.: FCP-96551 Zucker, Goldberg & Ackerman, LLC FCP-9655 I 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS Real Estate Securities, Inc CIVIL DIVISION Plaintiff, NO.: 2008-00315 vs. Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone; Defendant(s). PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant(s), Anthony C. Petrone and Heather Petrone, his wife, in the amount of $ 205,782.03 which is itemized as follows for failure to file an Answer: Principal $ 185,370.68 Interest through 03/28/08 $ 16,965.33 Attorneys' Fees $ 1,250.00 Title Search & Costs $ 2,500.00 Late Charges $ 446.02 Suspense Balance $-750.00 Total $ 205,782.03 plus interest on the principal sum ($185,370.68) from March 28, 2008, at the rate of $56.50 per diem, plus additional late charges, and costs (includin additiona escrow advances), additional attorneys' fees and costs and for foreclosure and e o the mort aged premises. By: 'Scott A. Diet?enck, tll. > e; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Richard P. Haber, Esquire; PA I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 Atty File No.: FCP-96551 Zucker, Goldberg & Ackerman, LLC FCP-96551 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of his/her knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Cc.tt. Dietterick, Esquire Kimberly A. Bonner, Esquire Richard P. Haber, Esquire Eric Santos, Esquire Sworn to and subscribed before me This day of March, 2008 Notary P blic My Commission Expires: MARS LOR)M R NOM PUBLIC OF *W SM CO ma a;* me 1411012011 Zucker, Goldberg & Ackerman, LLC FCP-96551 4 A3W 3~ YAM W3010 " YWO14 r rooter aw aewWM3 SHERIFF'S RETURN - REGULAR 405 CASE NO: 2008-00315 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UBS REAL ESTATE SECURITIES INC VS PETRONE ANTHONY ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PETRONE ANTHONY AKA ANTHONY C PETRONE the DEFENDANT , at 1250:00 HOURS, on the 16th day of January 2008 at 323 BARNSTABLE ROAD CARLISLE, PA 17013 by handing to ANTHONY PETRONE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 R. Th mas Kline aY` .00 32.80 01/17/2008 ZUCKER GOLDBERG ACKERMAN Sworn and Subscibed to By: before me this day Dep y Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00315 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UBS REAL ESTATE SECURITIES INC VS PETRONE ANTHONY ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT,- MORT FORE was served upon PETRONE HEATHER the DEFENDANT , at 1250:00 HOURS, on the 16th day of January 2408 at 323 BARNSTABLE ROAD CARLISLE, PA 170.13 by handing to ANTHONY PETRONE, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 j -mow . Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 01/17/2008 ZUCKER GOLDBERG ACKERMAN Sworn and Subscibed to By: before me this day eputy heriff of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS Real Estate Securities, Inc vs. Plaintiff, Anthony Petrone a/k/a Anthony C. Petrone Defendant. CIVIL DIVISION NO.: 2008-00315 IMPORTANT NOTICE TO: Anthony Petrone a/k/a Anthony C. Petrone 323 Barnstable Road Carlisle, PA 17013 DATE OF NOTICE: 2/7/2008 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR B Y 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 DAPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND J? L ANV- FRRFFFRP-AL SFRNTCF Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS Real Estate Securities, Inc CIVIL DIVISION Plaintiff, NO.: 2008-00315 vs. Anthony Petrone a/k/a Anthony C. Petrone Defendant. AVISO MIPORTANTE TO: Anthony Petrone a/k/a Anthony C. Petrone 323 Barnstable Road Carlisle, PA 17013 FECHA DEL AVISO:2/7/2008 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DEI'ITRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IIvMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO IA]MEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND cc. LAWYERREFERRAL STRX'ICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 ZUCKER, GOLDBERG &ACKERMAN BY: seett a. iCtte4idi Scott A. Dietterick, Esquire Attorneys for Plaintiff PA I.D. # 55650 200 Sheffield Street, Suite 301 P. O. Box 1024 Mountainside, NJ 07092-0024 (717) 533-3540 FIRST CLASS U.S. MAIL, POSTAGE PREPAID 96551 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS Real Estate Securities, Inc CIVIL DIVISION Plaintiff, vs. NO.: 2008-00315 Anthony Petrone a/k/a Anthony C. Petrone Defendant TO: Heather Petrone 323 Barnstable Road Carlisle, PA 17013 DATE OF NOTICE: 2/7/2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR B Y ATTORNEY AND FILE IN WRITING "= 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAN? YFRREFERR.U SERVICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS Real Estate Securities, Inc CIVIL DIVISION Plaintiff, N0.:2008-00315 vs. Anthony Petrone a/k/a Anthony C. Petrone Defendant. TO: Heather Petrone 323 Barnstable Road Carlisle, PA 17013 AWSO IWORTANTE FECHA DEL AVISO:2/7/2008 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUVA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO M EDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQU]R AYUDA LEGAL. NOTICE TO DEFEND ok LAWYER REFERRAL STRVIC F Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 ZUCKER, GOLDBERG &ACKERMAN BY: scott a- q ettea.iei Scott A. Dietterick, Esquire Attorneys for Plaintiff PA I.D. # 55650 200 Sheffield Street, Suite 301 P. O. Box 1024 Mountainside, NJ 07092-0024 (717) 533-3560 FIRST CLASS U.S. MAIL, POSTAGE PREPAID 96551 -dr O Sb 6~ ? O D C.; +v nom.: ? ? s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS Real Estate Securities, Inc CIVIL DIVISION Plaintiff, vs. Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone; Defendant. NO.: 2008-00315 NOTICE OF ORDER, DECREE OR JUDGMENT TO: Anthony Petrone a/k/a Anthony C. Petrone ( ) Plaintiff (X) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on 44, 1 /a ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $ 205,782.03 plus interest on the principal sum ($185,370.68) from March 28, 2008, at the rate of $56.50 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. tc?t?' - OAZ Zucker, Goldberg & Ackerman, LLC FCP-96551 5 I . ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS Real Estate Securities, Inc CIVIL DIVISION Plaintiff, NO.: 2008-00315 VS. Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone; Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Heather Petrone ( ) Plaintiff (X) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on 4,1itg ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $ 205,782.03 5 Zucker, Goldberg & Ackerman, LLC FCP-9655] plus interest on the principal sum ($185,370.68) from March 28, 2008, at the rate of $56.50 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION File No. 2008-00315 UBS REAL ESTATE SECURITIES, INC., Amount Due $205,782.03 Plaintiff, Interest from 03/28/2008 to date of sale $29,380.00 VS. ANTHONY PETRONE A/K/A ANTHONY C. Costs PETRONE; HEATHER PETRONE Defendants. TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract of account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue Writ of Execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s): See Exbibit "A" attached PRAECIPE FOR ATTACHMENT EXECUTION Issue Writ of Attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personality list): and all other property of the defendant(s) in the possession, custody or controltof the said jg rni (Indicate) Index this writ against the garnishee(s) as a lis pe msi. to f the defendant(s) described in the attached exhibit. DATE: September 24, 2008 Signature: Print Name: Scott X. DOOM , Esquire Kimberly A. Bonner, Esquire Richard P. Haber, Esquire Eric Santos, Esquire Address: Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Attorney for: Plaintiff Telephone: 908-233-8500 Supreme Court ID No.: 55650 89705 202567 201493 O r- 00 17 Ob C D O O t3"os b ?3 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN CITY OF CARLISLE, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 204, PAGE 783, ID# 46-08- 0583-097C, BEING KNOWN AND DESIGNATED AS: ALL THAT CERTAIN TRACT OF LAND SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 ALSO KNOWN AS BARNSTABLE ROAD, ON THE DIVIDING LINE BETWEEN LOT NO 2 AND 3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE, NORTH 48 DEGREES 29 MUINITES SECOND WEST 314.88 FEET TO A POINT; THENCE BY THE DIVIDING LINE BETWEEN LOT 3 AND 4 ON SAID PLANS OF LOTS, NORTH 51 DEGREES 38 MUINITES 22 SECONDS EAST 265.84 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 42 DEGREES 18 MUINITES 25 SECONDS EAST 277.69 FEET TO A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 AFORESSAID THENCE BY THE NORTHERN SIDE OF SAID ROAD, ON A CURVE TO THE LEFT HAVING A RADIUS OF 1364.58 FEET AN ARC DISTANCE OF 147.1 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 41 DEGREES 30 MINUTES 59 SECONDS WEST 85 FEET TO THE PLACE OF BEGINNING BEING LOT N03 ON THE SUBDIVISION PLAN OF THE GRANTORS, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 123; HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 323 BARNSTABLE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH RONALD L. LUDT AND BRENDA K. LUDT, HIS WIFE, BY DEED DATED JULY 23, 1999 AND RECORDED JULY 28, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 204, PAGE 783, GRANTED AND CONVEYED UNTO ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE. TAX MAP NO.: 46-08-0583-097C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS REAL ESTATE SECURITIES, INC., Plaintiff, VS. ANTHONY PETRONE A/K/A ANTHONY C. PETRONE; HEATHER PETRONE Defendants. CIVIL DIVISION NO.: 2008-00315 AFFIDAVIT PURSUANT TO RULE 3129.1 UBS Real Estate Securities, Inc., Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 323 Barnstable Road, Carlisle, PA 17013. 1. Name and Address of Owner(s) or Reputed Owner(s): ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE 323 Barnstable Road Carlisle, PA 17013 2. Name and Address of Defendant(s) in the Judgment: ANTHONY PETRONE A/K/A ANTHONY C. PETRONE 323 Barnstable Road Carlisle, PA 17013 HEATHER PETRONE 323 Barnstable Road Carlisle, PA 17013 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: UBS REAL ESTATE SECURITIES, INC. Plaintiff kt'{ftlizi7_ TA i 3( 4. Name and Address of the last record holder of every mortgage of record: UBS REAL ESTATE SECURITIES, INC. Plaintiff MERS, INC. AS NOMINEE FOR CASTLE POINT MORTGAGE, INC. PO BOX 2026 FLINT, MI 48501 AND 6800 DEERPATH ROAD, SUITE 105 ELKRIDGE, MD 21075 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 323 Barnstable Road Carlisle, PA 17013 UNKNOWN SPOUSE 323 Barnstable Road Carlisle, PA 17013 r PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unpworn falsification to authorities. ZUCKER GOLI G &ACKEIKMAN, LLC Dated: September 24, 2008 BY: - Scott A. 'etterick, ; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Richard P. Haber, Esquire; PA.I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-96551 (908) 233-8500; (908) 233-1390 FAX A" r :: .? v ci 1. "Tl ,- t, EXHIBIT "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN CITY OF CARLISLE, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 204, PAGE 783, ID# 46-08- 0583-097C, BEING KNOWN AND DESIGNATED AS: ALL THAT CERTAIN TRACT OF LAND SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 ALSO KNOWN AS BARNSTABLE ROAD, ON THE DIVIDING LINE BETWEEN LOT NO 2 AND 3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE, NORTH 48 DEGREES 29 MUINITES SECOND WEST 314.88 FEET TO A POINT; THENCE BY THE DIVIDING LINE BETWEEN LOT 3 AND 4 ON SAID PLANS OF LOTS, NORTH 51 DEGREES 38 MUINITES 22 SECONDS EAST 265.84 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 42 DEGREES 18 MUINITES 25 SECONDS EAST 277.69 FEET TO A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 AFORESSAID THENCE BY THE NORTHERN SIDE OF SAID ROAD, ON A CURVE TO THE LEFT HAVING A RADIUS OF 1364.58 FEET AN ARC DISTANCE OF 147.1 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 41 DEGREES 30 MINUTES 59 SECONDS WEST 85 FEET TO THE PLACE OF BEGINNING BEING LOT N03 ON THE SUBDIVISION PLAN OF THE GRANTORS, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 123; HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 323 BARNSTABLE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH RONALD L. LUDT AND BRENDA K. LUDT, HIS WIFE, BY DEED DATED JULY 23, 1999 AND RECORDED JULY 28, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 204, PAGE 783, GRANTED AND CONVEYED UNTO ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE. TAX MAP NO.: 46-08-0583-097C 7u.a e d?rol?hca?, X 1ck?r };?st_ L1 i DIP i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS REAL ESTATE SECURITIES, INC., CIVIL DIVISION Plaintiff, NO.: 2008-00315 vs. : ANTHONY PETRONE A/K/A ANTHONY C. PETRONE; HEATHER PETRONE; Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Anthony Petrone a/k/a Anthony C. Petrone 323 Barnstable Road Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013 on 03/04/2009 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 323 Barnstable Road, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2008-00315 THE NAME(S) OF THE OWNER(S) OR REPUTED. OWNER(S) OF THIS PROPERTY ARE: Anthony C. Petrone and Heather Petrone, his wife A,Ac:. Ex fisher _ lckrrrn m. t } ( A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 7i>? is ? zca. ? ?; A ?az ncrm;v:. I.L` F. ?I;-<r;S? ; 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER GOL)PMW &,)eCKEWAN, LLC Dated: September 24, 2008 BY: Scott A. 1etterick, . PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Richard P. Haber, Esquire; PA.I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-96551 (908) 233-8500; (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. EXHIBIT "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN CITY OF CARLISLE, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 204, PAGE 783, ID# 46-08- 0583-097C, BEING KNOWN AND DESIGNATED AS: ALL THAT CERTAIN TRACT OF LAND SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 ALSO KNOWN AS BARNSTABLE ROAD, ON THE DIVIDING LINE BETWEEN LOT NO 2 AND 3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE, NORTH 48 DEGREES 29 MUINITES SECOND WEST 314.88 FEET TO A POINT; THENCE BY THE DIVIDING LINE BETWEEN LOT 3 AND 4 ON SAID PLANS OF LOTS, NORTH 51 DEGREES 38 MUINITES 22 SECONDS EAST 265.84 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 42 DEGREES 18 MUINITES 25 SECONDS EAST 277.69 FEET TO A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 AFORESSAID THENCE BY THE NORTHERN SIDE OF SAID ROAD, ON A CURVE TO THE LEFT HAVING A RADIUS OF 1364.58 FEET AN ARC DISTANCE OF 147.1 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 41 DEGREES 30 MINUTES 59 SECONDS WEST 85 FEET TO THE PLACE OF BEGINNING BEING LOT N03 ON THE SUBDIVISION PLAN OF THE GRANTORS, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 123; HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 323 BARNSTABLE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH RONALD L. LUDT AND BRENDA K. LUDT, HIS WIFE, BY DEED DATED JULY 23, 1999 AND RECORDED JULY 28, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 204, PAGE 783, GRANTED AND CONVEYED UNTO ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE. TAX MAP NO.: 46-08-0583-097C 7ucl e t rvlJhcry & A(A lIT1411 f J is ?-('P-W'54 ) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-315 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UBS REAL ESTATE SECURITIES, INC., Plaintiff (s) From ANTHONY PETRONE a/k/a ANTHONY C. PETRONE; HEATHER PETRONE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $205,782.03 L.L.$ 0.50 Interest from 3/28/08 to date of sale -- $29,380.00 Atty's Comm % Due Prothy $2.00 Atty Paid $167.80 Other Costs Plaintiff Paid Date: 10/08/08 Prothono (Seal) By: REQUESTING PARTY: Name: SCOTT A. DIETTERICK, ESQUIRE Address: ZUCKER, GOLDBERG & ACKERMAN, LLC 200 SHEFFIELD STREET, SUITE 301 MOUNTAINSIDE, NJ 07092 Attorney for: PLAINTIFF Telephone: 908-233-8500 Supreme Court ID No. 55650 Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS REAL ESTATE SECURITIES, INC., Plaintiff, vs. Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone CIVIL DIVISION NO.: 2008-00315 TYPE OF PLEADING: MOTION FOR SPECIAL SERVICE ON DEFENDANT PURSUANT TO Pa.R.C.P 430 Defendant. FILED ON BEHALF OF: UBS Real Estate Securities, Inc. COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Richard P. Haber, Esquire Pa. I.D. #202567 Eric Santos, Esquire Pa. I.D. #201493 Joel A. Ackerman, Esquire Pa. I.D. #202729 ZUCKER, GOLDBERG & ACKERMAN, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office@zuckergoldberQ.com File No.: FCP- 96551/ml l t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS REAL ESTATE SECURITIES, INC., Plaintiff, CIVIL DIVISION NO.: 2008-00315 VS. Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone Defendant. MOTION FOR SPECIAL SERVICE OF NOTICE OF SERVICE SALE UPON DEFENDANT PURSUANT TO Pa.R.C.P. 430 AND NOW, comes the Plaintiff, UBS Real Estate Securities, Inc., by and through its attorneys, Zucker, Goldberg & Ackerman, LLC, and files the within Motion for Special Service of Notice of Sheriff Sale Upon Defendant pursuant to Pa.R.C.P. 430 as follows: 1. On or about October 10, 2008, Plaintiff filed its original Praecipe for Writ of Execution ("Writ") against the Defendant(s), Anthony Petrone a/k/a Anthony C. Petrone and Heather Petrone ("Defendant(s)"), at the above-captioned number and term, scheduling Defendant's property located at 323 Barnstable Road, Carlisle PA 17013, ("Mortgaged Premises") for Sheriff Sale on March 4, 2009. 2. Plaintiff directed the Sheriff of Cumberland County to serve Defendant(s) with the Notice of Sheriff Sale at defendant's last known address being 323 Barnstable Road, Carlisle, PA 17013, but service was returned "not found". A true and correct copy of said Return of Service from the Cumberland County Sheriff s Office is marked Exhibit "A", attached hereto and made a part hereof. 3. Plaintiff attempted service of the Defendant via certified mail, return receipt to Defendant(s) at 323 Barnstable Road, Carlisle, PA 17013, but said certified mail was returned "unclaimed". A copy of said return mail is marked Exhibit "B", attached hereto and made a part hereof. 4. A search of the U.S. Postmaster's records for 323 Barnstable Road, Carlisle, PA 17013 was returned "mail is delivered". A true and correct copy of Plaintiff's U.S. Postmaster's Search is marked Exhibit "C", attached hereto and made apart hereof. 5. An internet person locator search provided no alternative address for Defendant(s). 6. Plaintiff conducted an investigation to determine the whereabouts of Defendant(s), Anthony Petrone a/k/a Anthony C. Petrone and Heather Petrone but all sources indicated no alternative address other than that of the last known address being 323 Barnstable Road, Carlisle, PA 17013. An affidavit of Plaintiff's counsel regarding the investigation taken to determine the whereabouts of Defendant is marked Exhibit D, attached hereto and made a part hereof. 7. Consequently, Plaintiff has continued the Sheriff Sale scheduled for March 4, 2009 to June 10, 2009 in order to provide sufficient time to obtain alternate service of Defendant(s), Anthony Petrone a/k/a Anthony C. Petrone and Heather Petrone. 8. No other motion has been decided in this matter. 9. Plaintiff attempted to obtain concurrence of the Defendant(s) with the Motion, but Defendants cannot be located, therefore no concurrence was obtained. WHEREFORE, Plaintiff respectfully requests that this Honorable Court permit Plaintiff to serve Defendant(s), Anthony Petrone a/k/a Anthony C. Petrone and Heather Petrone, with the Notice of Sheriff Sale, by instructing the Cumberland County Sheriff's Office to POST a copy of same on the Mortgaged Premises, being 323 Barnstable Road, Carlisle PA 17013, by mailing a copy to the Mortgaged Premises, via Certified Mail, no signature required and First Class U.S. Mail, Postage Prepaid, with said service being valid and complete upon such posting mailing in accordance with Pa.R.C.P. 3129.2 and 430. & ACKERMAN, LLC Dated: February 24, 2009 BY: - / Scott A. Dietteric , Esquire; PA I. #55650 Kimberly A. Bonner, Esquire; PAID. #89705 Richard P. Haber, Esquire; PAID. #202567 Eric Santos, Esquire; PA I.D. #201493 Joel A. Ackerman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-96551 (908) 233-8500; (908) 233-1390 FAX EXHIBIT "A" UBS Real Estate Securities, Inc. VS Anthony Petrone a/k/a Anthony C Petrone and Heather Petrone In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-315 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants to wit: Anthony Petrone a/k/a Anthony C. Petrone and Heather Petrone, but was unable to locate them in his bailiwick. Pie therefore 'returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Anthony Petrone a/k/a Anthony C. Petrone and Heather Petrone. Property address is vacant and the post office does not have a forwarding address. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2009 at 0940 hours, he posted a true copy of the within Real Estate Wr it, Notice, Poster and Description, in the above entitled action, upon the property of Anthony Petrone a/k/a Anthony C. Petrone and Heather Petrone located at 323 Barnstable Road, Carlisle, Cumberland County, Pennsylvania according to law. So Anpprs: .' R. Thomas Kline, Sheriff B ' Real Este Sergeant llo??/ EXHIBIT "B" M .s N a N Of y? "tea t ? i J III 1 :l I ii i i i mvio$ wnod &W X4ncA *MLL j ? f>fl J l L. >ti < 1 r--.. a r ' r a ?/ a so 1 t or M L :d ? r of •f ? d •? 9 dTon" NWAM M sm i i r I ' 'T'hW* YOU for Oft PAPIUM A@ ONO! SOWN . :0 aque IdMOOM uaw! Ow Jos MA *MIL 0 ?f s as Id xd • f y 0 a r .' ?wuo?a? aia'n?Er?wso ? . L ,?wv?'MVws?n ®u?noaro la?i wauiu TWA YOU for UMV Rdm PMOW on a w ? • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS REAL ESTATE SECURITIES, INC., CIVIL DIVISION Plaintiff, NO.: 20"315 VS. ANTHONY PETRONE A/K/A ANTHONY C. PETRONE; HEATHER PETRONE; Defendants. NOTICE OF S816R1i rS SALZ OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF QV1QL PROCEDURE 3129 Heather Petrone 323 Barnstable Road Carlisle, PA 17013 7160 9401 "@@mpg" jTAKE NOTICE: tiibgm? That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013 on 03/04/2009 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 323 Barnstable Road, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2008-00315 7.ucker, Goldbeq & xckerm m. I J C FCP•96.951 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS REAL ESTATE SECURITIES, INC., CIVIL DIVISION Plaintiff, : NO.: 2008-00315 V3. ANTHONY PETRONE A/K/A ANTHONY C. PETRONE; HEATHER PETRONE; Defendants. NOTICE OF SEWAUI+"S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Anthony Petrone a/lc/a Anthony C. Petrone 323 Barnstable Road Carlisle, PA 17013 7 160 3401 1146 1110 3830 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013 on 03/04/2009 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A'). The LOCATION of your property to be sold is: 323 Barnstable Road, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2008-00315 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Anthony C. Petrone and Heather Petrone, his wife Rucl er, Goldberg do Ademm, LLC KIP-44131 EXHIBIT "C" LEONARD B. ZUCKER MICHAEL S. ACKERMAN JOEL ACKERMAN• RICHARD P. HABER•• FRANCES OAMBARE!51A BRIAN C. NICHOLAS!`. STEVEN D. KROL ERK: SANTOS'- ANTHONY J. RISALVATO••••' •'ALSO A ? OPN . POND CA BAR •?•AL401?149aR OF NY AND W 9AR ' •ALSQAt MNMOFNVANDPA'BAR -ALso W*mwoPNY 1FAR '•• •'A7ft=ROFPA I3AR ONLY SCO A. DPTr9RIM BSQ.....r. KIMBERLY A. BONWILEW.'••••• PA CASE FCP=96551 Attn: PA Service Team ZUCKER, GOLDBERG & ACKERMAN, ATTORNEYS AT LAW 200 SHEFFIELD STREET- SUITE 301 MOUNTAINSIDE, N1024 J 07092-0024 TELEPHO E:908-233-850(1 FACSIMI : 908-233'=1390 j . E-MAIL MW Mn I. For payofT9nejnstatenia tg? Please solid your request to: mck4;W1dbag.c0"VPr I REPLYTO NEW JERMYAffm I I Postmaster Carlisle, PA 17013 RE: Request for Chafte of Address or Boxholder Irdormation Needed for Seir Please fbmish the new address or the name and. street address (if a boxholder) for the;f Anoony Petrone- 323'B rustable Road The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is nq information. The fee for providing. change of address information is waived in accordance with correspoading.Administ alive Support Manual 352.44a and b. 1. Capacity of roquester: ATTORNMYS = PL.aTN TIFF i 2. Statute or regulation that empowers me to serve process: NOT APPLICABLE 3. The names of all known partiesto the litigation: , et al. 4. The court in which the. case has been or will: be beard: INTHE COURTOF COMMON PI;I PENNSYLVANIA 5. The docket number is, F-1034-02 6. The capacityin which this individual. in-to be served (e.g. defebdant or witness): DEFEN THE SUBMISSION OF FALSE INFORMATION'TO OBTAIN AND USE CHANGE OF ADDRESS INFORMA ANY PURPOSE OTHER THAN THE;SERVICE OF IzbAL PROCESS TN CONNECTION w+rrH ACTUAL OR ?R IN CRIMINAL PENALTIES.INCLUDING A FINE OF UP TO S10,000 OR IMPRISONMENT OR (2) TO AVOID PI ADDRESS INFORMATION OF NOT.MORE THAN S YEARS, OR BOTH (TITLE 18 U.S.C, SECTION 10011 l ( certify that. the above information is true and that the address information is needed and' will be process in connection with actual or prospective litigation CnVery truly yours, Br. Scad 40: .14 SCOTT A. DIET SAD/ro ONLY No Change of Address Order on file. Not known at address given. Moved left no forwarding. address. No such address. FOUNDED IN 1913 AS ZUCKER @ GOLDBERG MAURICE J. ZUCKER (1918-1979) LOUIS D. GOLDBERG (1923.) 967) LEONARD H. GOLDBERG (1929-1979) BENJAMIN WEISS (1949.1981) ?6W*v&f* oBce P.O. an 6$0 Hvohw, PA 17033 717.5934560 Fa: 717-533-3562 January. 3, 2008 of Prkess C_96561PD011X1 C for providing boxholder CFR 265.0d)(1) and (2) and OF CUMBERLAND COUNTY, BOXHOLOER INFORMATION FOR .TIVE LrPOATION COULD RESULT ENT OF THE FEE FOR CHANGE OF' 3 solely ibr service of legal s. i AND LEONARD B ZUtXER ZUCKER, GOLDBERG & iACKERMA* LC . MICHAEL S. ACKERMAN , ATTORN.ZYS AT LAW i ' FOUNDED IN 1923 JOEL ACKERMAN• AS ZUCKER t GOLDBERG RICHARD R. HABER•• 200 SHEFFIELUSTREBT- SUITE 301 BOX 1024 l' Q PR AN CES GAMBARDELLA BRIAN C. NICHOLAS- • . MOUNTAINSIDE, NJ 07092x0024 j AIAURlCE J. ZUCKER (191 & 1979} STEVEN D. KROL ERIC SAN7Y)S+••• TELEPHO? E: 908-23348300 ( LOUIS D.'GOLDAG (1923.1%7) LEONARD It GOLDBERG (1929.1979) ANTHONY J: R1sALVA'r0••••• FACSIMIt}l :908-233-1390 E-MAIL: dmcewmo o'?aoae•c BENJAMIN WEISS (1949.1981) ' 'ALSO MDOMR-OF NY. PA AND. CA BAR ••Al30MFIBBROFPA.BAR •••ALSO'MEA?BROFNYAND3aBAR For payoltli#nstnementfi?u to Plemsendyour90gtle tto:mokQr$a'Idb= ooW r I. Pmury1.?4Ollkt: ''''ALSO W;h=R OF NY AND PA BAR • a & p P.O. B0? 650 ••"AJ-W MMER OF, NY:BAR "•"'# ROFPABAROt3Y REPLY TOATWJERWADDRESS Howhy,PA 17033 717-533.3560 SCOTT' ASCOT! A. DIETrait& ESQ. •••••• , . Fai; 7) 7.93.356: KIMBERLY A. ROHMER. FSQ.••u•• PA CASE FCP-96551 January 3, 2008 Attn: PA Service Team Postmaster Carlisle, PA 17013 RE: Request for Change of Address or Boxholder Information Needed or Si# ce of Process Please furnish the new address or the name and street address (if a boxholder) for th+l f !lowing: Heather Petrone- 323 Barnstable Road I k x_96551 PD021 X2_C The following information is provided in accordance with 39 CFR 265.6(d)(6xii). There is qo j 6e for providing boxbolder information. The fee for providing change of address information is waived in accordance With 39 CFR 265,6(d)(1) and (2) and corresponding Administrative Support Manual 352.44A and b. 1. Capacity of requester. ATTORNEYS. FOR PLAINTIFF 2. Statute or regulation. that atatpowers we to serve process: N03' APPLICABLE 3. The names. of all known goes to the litigation: , et al. 4. The court in which the case has been or will be heard: IN THE COURT OF COMMON Pl . AS OF CUMBERLAND COUNTY, PENNSYLVANIA j 5. The docket number is: 1034-02 6. The capacity in which this individual is to 'be served (e.g. defendant or witness): DEF THE SUBMISSION OF FALSE INFORMATION TO 013TAIN AND USE CK/ NGE OF ADDRESS INFORM OR BoxHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PECTfVE LiMIGATION COULD RESULT IN CRIMINALPENALTI[ES INCLUDING A FINE OF UP TO 510,000 OR IMPRISONMENT OR(2) TO AVOID P YMENTOF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH rr LE is U.S.C. SECTION I oo1). I certify that the above information is true and that the address information is needed and will I weed solely: for.servicc of legal j process o connection with actual or prospective litigation. SAD/ro FOR POST OFFICE USE ONLY No Change of Address Order on fi Not known at address given. Moved left no forwarding address. Very truly yours, By.. 49co& A .1 SCOTT A. DIETTERICK i I AND o such address. r J. J EXHIBIT "D" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS REAL ESTATE SECURITIES, INC., CIVIL DIVISION Plaintiff, NO.: 2008-00315 vs. Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone Defendant. AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff, who being duly sworn according to law, deposes and says that Plaintiff, or counsel for Plaintiff, conducted an investigation to determine the whereabouts of Defendant(s), which included, but was not limited to searches of the following records: (X) Records of the U.S. Postmaster with results of same attached to the foregoing Motion. (X) Internet Person Locator Records. (X) Voter Registration Records. (X) Records of the County Recorder of Deeds and Prothonotary. (X) Credit Report Agency. (X) Telephone Directory. Finally, Affidavit deposes and says that if Defendant(s) is/are not located at the address uncovered by this investigation, the whereabouts of Defendant is/are unknown to Plaintiff. ZUCKER, G L ER &A RMAN, LLC Dated: February 24, 2009 By: Scott A. Di erick, Esquire; PA I.D. 650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Richard P. Haber, Esquire; PA I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 Joel A. Ackerman, Esquire PA I.D. #202729 Atty File No.: FCP-96551 Sworn to and sMcck ed be fore me this day of Y*'' 2009. Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MICHELLE ELLIOTT NOTARY PUBLIC DERRY TOWNSHIP DAUPHIN COUNTY MY COMMISSION EXPIRES JUNE 9 2011 Page 1 of 13 AutoTrac"P* Logged In: CASEY C Home I Results Manager i Search Catalog I Training Help I My Account National Comprehensive Report Plus Associates 1/isuafte This Report wow 01/0312008 - 3:19PM - Reference: 96581 3u¦ Bieet¦ ANTHONY PETRONE SSN 184-54-XXXX issued in Pennsylvania between 1975 and 1976 DOB 07/=1970 User Supplied Information Last Name: PETRONE First Name: ANTHONY Address 1: 323 BARNSTABLE ROAD CARLISLE, PA 17015 Sections Available in Report CN& on Anks to see detall https://atxp.choicepoint.com/at/GetReports XP.asp?File=22LHSC$BQI.HTM 1/3/2008 Page 2 of 13 Possible AKAs for Subject (so Records) IM Name SSN Date Of Birth PETRONE, ANTHONY C 184-54-XXXX 07/1970 PETRONE, ANTHONY A 202-68-XXXX PETRONE, C ANTHONY 184-54-XXXX PATRONE, ANTHONY C 18454-XXXX PETRONE, TONY C 184-04-XXXX PETRONE, ANTHONY CARMEN PETRONE, ANTHONY AN PETRONE, TONY Z 184-54-XXXX ANTHONY, PETRONE PERTONE, ANTHONY 184-54-XXXX Possible Other Social Security Numbers Associated with Subject (4 Reoonds) 10 nmw? Name SSN Date Of Birth PETRONE, ANTHONY CARMEN 20248-XXXX 07/)X/1970 PETRONE, ANTHONY CARMEN 202-68-XXXX 07/X)/1970 PETRONE, ANTHONY CARMEN 164-54-XXXX 07/XX/1970 PETRONE, ANTHONY CARMEN 184-54-XXXX 07/)0/1970 (5 Records)x4 Name SSN Date Of Bit WENGER, HEATHER M 202-WXXXX 0. 020W1978 BAILOR, CHARLES T 202-68.XXXX Ck RAYMON, DIANE 184-54-)O= HAWLEY, DAVE 184-54-XXXX GOMEZ, JOSE L 18454.XXXX q 08/1995 - 092000 118 AI RPORT RD IN SHIPPENSBURG, PA 17257 Possible Addresses Associated with Subject (9 Records) Ia Show Names at Each Address Date Range Address/Phone Source Source Reported Dates 07/1999 - 082007 323 BARNSTABLE RD Consumer Bureau 2 11/1899 - 08/2007 CARLISLE, PA 17015 Consumer Bureau 3 06/1899 - 0312007 245-0375 Phone Listing 05/2006 - 052006 032000 - 0312000 322 BARNSTABLE RD CARLISLE, PA 17015 09/1999 - 09/1999 323 BARNSTABLE RD CARLISLE, PA 17013 07/1999 - 07/1999 323 BARNSTABLE RD 00000 Consumer Bureau 1 Consumer Bureau 2 Composite Info Consumer Bureau 1 Consumer Bureau 3 Consumer Bureau 2 Composite Info 07/1999 - 03/2005 08/1995 - 092000 07110N - 072000 0811 - 08/1996 07/1096 - 0711998 0312000 - 032000 09/1999 - 0911999 Consumer Bureau 1 https://atxp.choicepoint.com/at/GetRq*rts_XP.asp?Fi1e=22LH$CSBQI .FTt'M 07/1999 - 07/1999 1/3/2008 ' Page 1 of 19 AutoTrac"Pe Logged in: CASEY C Home I ResWts Manager I Search Catalog I Training I Help I My Account 9"22'k National Comprehensive Report Plus Associates Vtsuailae This R rt Prirter 01103/2008 - 3:19PM - Reference: 66551 Sub' HEATHER PATRONE SSN 202-68-XXXX Issued in Pennsylvania between 1988 and 1990 DOB 02/XX/1976 User Supplied Information Last Name: PATRONE First Name: HEATHER Address 1: 323 BARNSTABLE ROAD CARLISLE, PA 17013 LSet tion$ Available in Report( Click qn 6nlo to see detail Sub 1 Record Possible AKAs for Sublect 3 Records P_ossibie Other Records and Names Assoc sted with Social Security Numbers 1 Record Possible Addresses Associated with Subject 9 Records Phone Listings for Subjecra Addresses 4 Records Possible Real Proptdy Ownership and Dead Transfers 3 Records Possible ProneM Owners of Subject's Addresses 5 Records Possible R 1-Time Vehicle Registrations 0 Records Possible Bankrulft,les. Ljons and judgments 1 Record Possible Business Affiliations (includes Officer Name Match) 0 Records Possible Re! tiB ves 16 Records Other Peanle Who Have Eased the Same Address of the S ublict 8 Records Neighbor Listings for Subject's Addresses 80 Records Possible AKAs for Subiectt (3 Records) Ise Name SSN Date Of Birth https://atxp.choicepoint.com/adGetRgmrts Xp.asp?File=52LHIDSDQ1.HTM 1/3/2008 ' Page 2 of 19 PETRONE,HEATHER WENGER, HEATHER M PETRONE, HEATHER M Name SSN Date Of Birth PETRONE, ANTHONY A 202-68-XXXX with Social Securitv Numberi ¦ (1 Record)TgG Possible Addresses Associated with Subject (9 Records) IaR Show Names a Each Address Date Range Address/Phone Source Source Reported Dates 0911999 - 012x06 **323 BARNSTABLE RD Consumer Bureau 2 0911999 - 0812007 CARLISLE, PA 17015 Phone Listing 0512006 - 0512006 532-8917 Consumer Bureau 3 04/2000 - 022005 Consumer Bureau 1 10/1999-122002 022005 - 022005 323 EARNSTABLE RD Consumer Bureau 3 02/2005 - 022005 CARLISLE, PA 17013 08/1993 - 01/2005 116 AIRPORT RD V Consumer Bureau 2 08/1995 - 012005 SHIPPENSBURG, PA 17257 Consumer Bureau 1 0811997 - 04/2000 (717) 532-8917 Consumer Bureau 3 0711996 -10/1997 Composite Into 082001 - 082001 PO BOX 203 Consumer Bureau 2 06/2001 - 062001 NEWBURG, PA 17240 Consumer Bureau 1 0712001 - 072001 323 BARNSTABLE RD IN Composite into 0712001- 072001 CARLISLE, PA 17013 01/1995 - 072000 203 ZION RD V Consumer Bureau 2 01/1995 - 072000 NEWBURG, PA 17240 Consumer Bureau 1 05/2000 - 052000 Consumer Bureau 3 01/1995 -01/1995 06/1997 - 4611997 4564 MACLAYS MILL RD Consumer Bureau 2 0611997 - 0611997 SHIPPENSBURG, PA 17257 12119% -1211996 209 S PENN ST 17 Consumer Bureau 2 12/1996 -1211996 SHIPPENSBURG, PA 17257 07/1996 - 07/1996 74 CORTLAND CIR 'V Consumer Bureau 2 07/19% - 0711996 SHIPPENSBURG, PA 17257 **kMress and phone number verified by current phone Usting. Phone Listings for Sublect's Addresses (+ Re=r&) Ina 118 AIRPORT RD SHIPPENSBURG, PA 17257 Name: BEIDEL KEITH A Phone: (717) 532-7813' Name: BEIDEL TAMMY S Phone: (71Z) 532-7813 V Ek 203 DON RD NEWBURG, PA 17244 Name: WENGER DENNIS R Name: WENGER JANET L 202.68-XXXX 202.66-XXXX 202-68-)O= 1976 Phone: (717) 423-5685 % Phone: (717) 423-5685 Ck Possible Real Property Ownership and Deed Transfers (s Records) 10 https://atxp.choicepcint.com/at/Getftorts XP.asp?File=52LHID8DQ1.HTM 1/3/2008 ? ? ' --, ? .? ?J ? -? -r _. -??-t ,..?... ?,-. "' r MAR 0 3 200043 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS REAL ESTATE SECURITIES, INC., : CIVIL DIVISION Plaintiff, . NO.: 2008-00315 VS. Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone Defendant. ORDER OF COURT AND NOW, this day of Iu2r , 2009, upon consideration of Plaintiff s Motion for Special Service, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve its Notice of Sheriff Sale on Defendant(s), Anthony Petrone a/k/a Anthony C. Petrone and Heather Petrone, by instructing the Sheriff of Cumberland County to POST a copy of same on the Mortgaged Premises, being 323 Barnstable Road, Carlisle PA 17013, and by mailing a copy to the Mortgaged Premises, via Certified Mail, no signature required and First Class U.S. Mail, Postage Prepaid, with said service being valid and complete ?- u on such posting and mailing in accordance with Pa.R.C.P. 3129.2 and 430, z rz A P? 11 c.? C Qn rd?? /,- Ln e1 l7GwS 7 p CJ c?C>2 ? Ci -i t? t,j 0u-?s'O?J? 4 d (!!,,47. V BY THE COURT: 4? J. c3+? r- c? ? t c? G? es+ cv ?? `= `_? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS REAL ESTATE SECURITIES, INC., Plaintiff, VS. CIVIL DIVISION NO.: 2008-00315 Sheriff Sale #: Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone TYPE OF PLEADING Defendants. Pa. R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF: UBS Real Estate Securities, Inc. COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire- PA I.D. #89705 Richard P. Haber, Esquire- PA I.D. #202567 Eric Santos, Esquire- PA I.D. #201493 Joel A. Ackerman, Esquire- PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX officenu,zuckergoldber-.com File No.: FCP- 96551/gg IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS REAL ESTATE SECURITIES, INC., VS. Plaintiff, Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone Defendants. : CIVIL DIVISION NO.: 2008-00315 Pa R.C P RULE 3129(c) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST I, Gamalielle Geffrard, a paralegal with the firm of Zucker, Goldberg & Ackerman, LLC, attorneys for Plaintiff, UBS Real Estate Securities, Inc., being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff s Notice of Sheriff s Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: 1. Defendants, Anthony C. Petrone and Heather Petrone, his wife, are the record owners of the real property. 2. Pursuant to Order of Court dated 3/5/09, the Sheriff of Cumberland County posted the address of the mortgaged premises, being 323 Barnstable Road, Carlisle PA 17013, on or about 03/17/09. A true and correct copy of said Notice and Return of Service are marked Exhibit "A", attached hereto and made a part hereof. 3. Pursuant to the Order of Court dated 3/5/09, Plaintiff completed all required mailings to the Defendant on 03/10/09. True and correct copies of said proofs of mailing are marked Exhibit "B", attached hereto and made a part hereof. Zucker, Goldberg & Ackerman, LLC FCP-96551 4. On or about December 30, 2008, Plaintiff's counsel served all other parties in interest with Plaintiff s Notice of Sheriff's Sale according to Plaintiff's Affidavit Pursuant to rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "C", attached hereto and made a part hereof. Finally, the undersigned deposes and says that the Defendants/Owners and all other Parties of Interest were served with Plaintiff's Notice of Sheriff's Sale of Real Property in accordance with Pa.R.C.P. 3129.2. Dated: May 29, 2009 Sworn to and subscribed before me this 29th day of May, 2009 Notary`Public MY COMMISSION EXPIRES: MAW UNDNER NOTARY P!1!BLIC OF NEW JERSEY Commission Expires 10/10/2011 Zucker, Goldberg & Ackerman, LLC FCP-96551 ZUCKER, GOLDBERG & ACKERMAN, LLC ., EXHIBIT A Zucker, Goldberg &a Ackerman, LLC FCP-96551 may. La. LUU7 I: LLrm -.UBS Real Estate Securities, Inc. In The Court of Common Pleas of VS Cumberland County, Pennsylvania Anthony Petrone aWa Anthony C. Writ No. 2008-315 Civil Term Petrone and Heather Petrone R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants to wit: Anthony Petrone a/k/a Anthony C. Petrone and Heather Petrone, but was unable to locate them in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Anthony Petrone a/k/a Anthony C. Petrone and Heather Petrone. Property address is vacant and the post office does not have a forwarding address. Timothy R. Black, Deputy Sheriff, who being duly sworn according to law, states that on March 12, 2009 at 1140 hours, he served a true copy of the within Real Estate Writ,. Notice and Description, in the above entitled action, upon the within named defendants, to wit: Anthony Petrone a/k/a Anthony C. Petrone and Heather Petrone by making known unto Heather Petrone, personally and wife of Anthony Petrone, alk/a Anthony C. Petrone, at 203 Zion Road, Newburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 17, 2009 at 2000 hours, he posted a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the property of Anthony Petrone a/k/a Anthony C_ Petrone and Heather Petrone, located at 323 Barnstable Road, Carlisle, Cumberland County, Pennsylvania, PURSUANT TO COURT ORDER. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2009 at 0940 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Anthony Petrone a/k/a Anthony C. Petrone and Heather Petrone , located at 323 Barnstable Road, Carlisle, Cumberland County, Pennsylvania according to law.. So Answers: R. Thomas Kline, Sheriff BY Real Estate Sergeant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS REAL ESTATE SECURITIES, INC., : CIVIL DIVISION Plaintiff, : NO.: 2008-00315 VS. ANTHONY PETRONE A/K/A ANTHONY C. PETRONE; HEATHER PETRONE; Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CPAL PROCEDURE 3129 Anthony Petrone a/k/a Anthony C. Petrone 323 Barnstable Road Carlisle, PA 17013 7 160 3401 91148 11*?0 3630 TAKE NOTICE: 6WW"W" That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 03/04/2009 at 1000am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 323 Barnstable Road, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2008-00315 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Anthony C. Petrone and Heather Petrone, his wife 7ucLer. Goldberg & Ackerman. 1.1.t: F(: P-W1551 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. QQ TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 & Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249.3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland county to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for•other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 7uckcr.6olJhir_sk Adcimon.1.U FCP-W155 I 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. , ZN ZUCKER GOIM i & *CKERVIAN, LLC Dated: September 24, 2008 BY: Scott A. tterick, ; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Richard P. Haber, Esquire; PA.I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-96551 (908) 233-8500; (908) 233-1390 FAX VIA CERTHgED MAII., RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. 7.ucLer. Goldberg & Ackennan. 1.1 C. Ft'P-4!+« I EXHIBIT "A" LEGAL DESCRIP'T'ION ALL THAT PARCEL OF LAND IN CITY OF CARLISLE, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 204, PAGE 783, ID# 46-08- 0583-097C, BEING KNOWN AND DESIGNATED AS: ALL THAT CERTAIN TRACT OF LAND SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 ALSO KNOWN AS BARNSTABLE ROAD, ON THE DIVIDING LINE BETWEEN LOT NO 2 AND 3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE, NORTH 48 DEGREES 29 MUINITES SECOND WEST 314.88 FEET TO A POINT; THENCE BY THE DIVIDING LINE BETWEEN LOT 3 AND 4 ON SAID PLANS OF LOTS, NORTH 51 DEGREES 38 MUINITES 22 SECONDS EAST 265.84 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH-42 DEGREES 18 MUINITES 25 SECONDS EAST 277.69 FEET TO A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 AFORESAID THENCE BY THE NORTHERN SIDE OF SAID ROAD, ON A CURVE TO THE LEFT HAVING A RADIUS OF 1364.58 FEET AN ARC DISTANCE OF 147.1 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 41 DEGREES 30 MINUTES 59 SECONDS WEST 85 FEET TO THE PLACE OF BEGINNING BEING LOT N03 ON THE SUBDIVISION PLAN OF THE GRANTORS, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 123; HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 323 BARNSTABLE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH RONALD L. LUDT AND BRENDA K. LUDT, HIS WIFE, BY DEED DATED JULY 23,1999 AND RECORDED JULY 28,1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 204, PAIGE 783, GRANTED AND CONVEYED UNTO ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE. TAX MAP NO.: 46-08-0583-097C 7.ucLcr. Cruldbasi & Ackerman. 1.1(' FCPA6551 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS REAL ESTATE SECURITIES, INC., CIVIL DIVISION Plaintiff, : NO.:2008-00315 VS. ANTHONY PETRONE A/K/A ANTHONY C. PETRONE; HEATHER PETRONE; Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Heather Petrone 323 Barnstable Road MONO ? 3647 Carlisle, PA 17013 7160 39Q1 4646 IUD TAKE NOTICE: iiiwwm? That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013 on 03/04/2004 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 323 Barnstable Road, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2008-00315 Zucker. Goldbeil & Ackerm+tn.1.1 ( FCP•96551 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Anthony C. Petrone and Heather Petrone, his wife A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 & Bedford Street Carlisle, PA 17013 Phone (900) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 7.ucker. Goldbeq & .Ackerman. 5.1.1 . TCP-96551 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petitiggo the Court. ZUCKER GOILLMRGA ACKEWAN, LLC Dated: September 24, 2008 BY: Scott A. i; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #k89705 Richard P. Haber, Esquire; PA.I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-96551 (908) 233-8500; (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. 7.uel.er. GoWberg & Ackerman. 1.1.C FCP-96551 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN CITY OF CARLISLE, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 204, PAGE 783, ID# 46-08- 0583-097C, BEING KNOWN AND DESIGNATED AS: ALL THAT CERTAIN TRACT OF LAND SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 ALSO KNOWN AS BARNSTABLE ROAD, ON THE DIVIDING LINE BETWEEN LOT NO 2 AND 3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE, NORTH 48 DEGREES 29 MUINITES SECOND WEST 314.88 FEET TO A POINT; THENCE BY THE DIVIDING LINE BETWEEN LOT 3 AND 4 ON SAID PLANS OF LOTS, NORTH 51 DEGREES 38 MUINITES 22 SECONDS EAST 265.84 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 42 DEGREES 18 MUINITES 25 SECONDS EASE" 277.69 FEET TO A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 AFORESSAID THENCE BY THE NORTHERN SIDE OF SAID ROAD, ON A CURVE TO THE LEFT HAVING A RADIUS OF 1364.58 FEET AN ARC DISTANCE OF 147.1 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 41 DEGREES 30 MINUTES 59 SECONDS WEST 85 FEET TO THE PLACE OF BEGINNING BEING LOT N03 ON THE SUBDIVISION PLAN OF THE GRANTORS, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 123; HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 323 BARNSTABLE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH RONALD L. LUDT AND BRENDA K. LUDT, HIS WIFE, BY DEED DATED JULY 23, 1999 AND RECORDED JULY 28,1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 204, PAGE 783, GRANTED AND CONVEYED UNTO ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE. TAX MAP NO.: 46-08-0583-097C Zucker. Goldhea-e & Ackcrman. Lf (' FCP•96551 EXHIBIT B Zucker, Goldberg & Ackerman, LLC FCP-96551 UNITEDSTATES Cert 0 "ON POSTQLSERME. (4'f'' " TMCyyy,"Abw pw/1wwWl do ml W?F-W=994w.si3. IW A- b.. wur..rd -w 02 1M $01.100 Scott A. Dietterick, Esquire O 2006 0004253133 3?A 2 DEC $107092 c/o Zucker, Goldberg k Ackerman, LW 200 Sheffield Sheet. Suite 301 Mountainside, NJ 07092 FCP-96551/03 UNKNOWN TENANT OR TENANTS i' H- 323 Barnstable Road Carlisle, PA 17013 PS Foes 3817• April 2007 PSN 7530-02-0004065 STATES Cerl ?.r OPQMSERVXEs r..+r.ua3ar.aa?r.a.w+.rr. ,w o? W.•r - s ?.s 2008 Oa Scott A. Dietterick Esquire 00042 42631 S3 ? St ' clobacker, Goldbal&Ackerman, LLC MVARED FROM ZrCCM 07092 200 Sheffield Shvat, Suite 301 Mountainside, NJ 07092 FCP-%531/es n, WWM, INC. AS NOMINEE FOR CASTLE POINT MORTGAGE, INC. Posts Hw PO BOX 2026 FLINT, MI 48501 pS 1. 3617, Apri12007 PSN 7530-024004065 ! UNITEDSTATES Cet POSTAL SERVKE• `am(?? ' TYCAr.rmwB. ?- /c?y wr..r.r w.arr runMr.Wa?w rwAa ?`? wwwr.. M r krt.M w-m 02 1M $ 01.10° Scott A. Dletteridt. Eequirc 0004283133 M131 2006 do Zatcka, Ooldberg do Adumnan LLC MARED FROM 23P000E 07092 200 Sheffield Stmt Suite 301 MoumWnside,NJ 07092 FCP-96331396 PoMw.k Hm Tw' UNKNOWN SPOUSE 323 Barnstable Road Carllsle, PA 17013 i PS F. 3817, April 2007 PSN 7530-02-000.9065 ce1tN UNITEDSTATES 2211131 POSTAL SERV KM 00CS1 3 0 r hr.rMr.M..u MMM FROM 2p00DE 07002 Scott A. Dietterick, Esquire do Zuclter Goktbag & Ackemm LLC 700 Shefncw Street, Suite 301 Mouminside, N1 07092 FCP-96331/96 PA DEPT. OF REVENUE, INHERITANCE TAX DIVISION PommkHm Dept. 280601 Harrisburg, PA 1712E-0601 'I PS Faro 3817, April 2007 PSN 7530-024OD4065 r??! UWEDSTATES Certificate-Of POSTAL SERVXE* rio.rr.rrr. r.a++..a...w.a rr,?,e,.rrtmwlr?rs iw, lr. .rl...rrw..a Soon A. Dietterick, Esquire ?. wra+aewa do Zucker, Goldberg & Ackennm, LLC 0 2 IM f 01.10° 000283735 DEC 31 2008 200 Sheffield Sleet, Suite 301 MANED FIOM ZPCODE 07092 Mountainside, NJ 07092 FCP-96351/48 °f CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Donmtk Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 ps Fans 3817• April 2007 PSN 7330-02400-9065 UNITEDSTATES Cell "t* ' .rsi.r POSTdL SERVX? (4, $01-loo r rreNr,.ryat?r..r.«rew.wer,Pr.wruv>»r?sTw r.02 1M rrr....r..n 0004283133 DEC 2008 Scott A. Dietteriek, Esquire MANED FROM ZPCODE 07082 do Zocker, Goldbwg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FCPA6551/48 MERS, INC. AS NOMINEE FOR CASTLE POINT MORTGAGE, INC. Pars' Hw 6800 DEERPATH ROAD, SUITE 105 ELKRIDGE, MD 21075 PS Fam 3817, April 2007 PSN 7530.02411 4WS r UNITEDSTATES POSTALSERMEs ?, 11YOrirdlYgrrwlYrNlwrY wNlrYr ruwlrlrUII9t/Mwr?.rW lMw ?' tt Scott A. Diettdick. Esquire 0 0004253153 $01-100 31 2005 do Zucker, Goldberg d Ackerman, LLC MANED FROM ZPCODE 07092 200 Sheffield Seat, Suite 301 Mountainside, N1 07092 FCPA6351/0s A' CUMBERLAND COUNTY TAX CLAIM BUREAU PN1°OkH"' Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 PS Form 3817, April 2007 PSN 7S70.024004M UNITEDSTATES C1 A F° . POSMSERMs G,;r?rr'Tew.. N ^ wiMwYwiwr?w ?wrdruONRr.riY?.lW Yr wpr W W? 02 1M $01-100 ir w Scou A. Dletterick, Esquire -0004255133 DEC 2005 MIUIEDFROM ZPCODE 07092 do Zucker, Goldberg R Ackemmn, LLC 200 Sheffield Sued, Suite 301 Mountainside, NJ 07092 FCP-96551/a T- COMMONWEALTH OF PENNSYLVANIA Pom Ho DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 PS Form 3817, April 2007 PSN 733042400.9065 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS REAL ESTATE SECURITIES, INC., CIVIL DIVISION Plaintiff, NO.: 2008-00315 VS. Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3229(b) TO: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 UNKNOWN TENANT OR TENANTS 323 Barnstable Road Carlisle, PA 17013 MERS, INC. AS NOMINEE FOR CASTLE POINT MORTGAGE, INC. PO BOX 2026 FLINT, MI 48501 UNKNOWN SPOUSE 323 Barnstable Road Carlisle, PA 17013 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 MERS, INC. AS NOMINEE FOR CASTLE POINT MORTGAGE, INC. 6800 DEERPATH ROAD, SUITE 105 ELKRIDGE, MD 21075 Zucker, Goldberg & Ackerman, LLC FCP-96551 96551D1004C12302008P1 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE Carlisle, Pennsylvania 17013-3387 On 03/04/2009 at 10:00am, the following described real estate which Anthony C. Petrone and Heather Petrone, his wife are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 323 Barnstable Road, Carlisle, PA 17013 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). Zucker, Goldberg & Ackerman, LLC FCP-96551 96551D1004C12302008P2 t w The said Writ of Execution has been issued on a judgment in the action of UBS Real Estate Securities, Inc. Plaintiff VS. Anthony Petrone a/k/a Anthony C. Petrone, et al Defendant(s) at EX. NO. 2008-00315 in the amount of $205782.03 plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff s Sale or this Notice, you should contact your attorney as soon as possible. ZUCKER GOLDB'ERG & ACKERMAN LLC BY Dated: December 30, 2008 Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Richard P. Haber, Esquire; PA I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 Joel A. Ackerman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-96551 (908) 233-8500; (908) 233-1390 FAX Zucker, Goldberg & Ackerman, LLC FCP-96551 96551D1004C12302008P3 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN CITY OF CARLISLE, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 204, PAGE 783, ID# 46-08- 0583-097C, BEING KNOWN AND DESIGNATED AS: ALL THAT CERTAIN TRACT OF LAND SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 ALSO KNOWN AS BARNSTABLE ROAD, ON THE DIVIDING LINE BETWEEN LOT NO 2 AND 3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE, NORTH 48 DEGREES 29 MUINITES SECOND WEST 314.88 FEET TO A POINT; THENCE BY THE DIVIDING LINE BETWEEN LOT 3 AND 4 ON SAID PLANS OF LOTS, NORTH 51 DEGREES 38 MUINITES 22 SECONDS EAST 265.84 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH-42 DEGREES 18 MUINITES 25 SECONDS EAST 277.69 FEET TO A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 AFORESAID THENCE BY THE NORTHERN SIDE OF SAID ROAD, ON A CURVE TO THE LEFT HAVING A RADIUS OF 1364.58 FEET AN ARC DISTANCE OF 147.1 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 41 DEGREES 30 MINUTES 59 SECONDS WEST 85 FEET TO THE PLACE OF BEGINNING BEING LOT N03 ON THE SUBDIVISION PLAN OF THE GRANTORS, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 123; HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 323 BARNSTABLE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH RONALD L. LUDT AND BRENDA K. LUDT, HIS WIFE, BY DEED DATED JULY 23,1999 AND RECORDED JULY 28,1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 204, PAIGE 783, GRANTED AND CONVEYED UNTO ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE. TAX MAP NO.: 46-08-0583-097C 7.uckt:r. Guidburg & Ackrrman. 1.1 (' FCPA6551 EXHIBIT C Zucker, Goldberg & Ackerman, LLC FCP-96551 r- UATE \ PWBM pC MBa.dftmmf&4 Vpav" d.dwg =1bob= pumdwU.hr=IW&' 021M $ 01*.10° .,dbduwAlmd=A. 0004253133 MAR 10 2009 ?w o 7s z MAI?En FROM ft-' Scott A. Dietterick, Esquire c% Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FCP-96551/ml `-Anthony Petrone a/k/a Anthony C: Petrone 323 Barnstable Road Carlisle, PA 17013 PS Forth 3817, April 2007 PSN 7530.02.000-9065 ?Ol UNI T?'? - at 1M $41.100 'rwc.dfiomI..twdrSp - II ?aaaa*Amdhmbom to JbrmWq 0004253133 MAR 10 2009 mdbonod"av MAUDFROM ZPCODE 07092 Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 SZ?IEL FCP-96551/ml 'O° Heather Petrone Hm 323 Barnstable Road 14AR 10 26 Carlisle, PA 17013 A PS Form 3817, April 2007 PSN 7S30-02-000-9065 t MAR 0 3 20094 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS REAL ESTATE SECURTI'IBS, INC., Plaintiff, VS. Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone ; Defendant.` CIVIL DIVISION : NO.: 2008-00315 ORDER OF COURT AND NOW, this day of ????rt , 2009, upon consideration of Plaintiffs Motion for Special Service, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve its Notice of Sheriff Sale on Defendant(s), Anthony Petrone a/k/a Anthony C. Petrone and Heather Petrone, by instructing the Sheriff of Cumberland County to PO a copy of same on the Mortgaged Premises, being 323 Barnstable Road, Carlisle PA 17013, and by mailing a copy to the Mortgaged Premises, via Certified Mail, no signature required and First Class U.S. Mail, Postage Prepaid, with said service being valid and complete W n such j?gstingahd 'lin in _WWance with P C.P 129 and 4 za 6ant-e- 6 d. htwspyp?' f??021 Cl?cu?z tee t? ?u?,?s?e.??r?? C+ou???. (1 Il U BY THE COURT: J. iI qN .ri w: .. s.?v! CZ a 1 6s-51 J ' The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 Now you know ZVCKER GOLDBERG & ACKERMAN 200 SHEFFIELD STREET MOUNTAINSIDE NJ 07092 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Public" on Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) as Joseph A. Dennison, being duly sworn according lo law, deposes and says: . That he Is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of PerutisyNanla, with Its principal office and piece of business at 812 to 818 Market Street, In the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday] Pabict-News newspapers of general cimlation, printed and published at 812 to 618 Market Street, In the City, County and Stabs aforesaid; that The Patriot-News and The Sunday Patriot-News were esteblished Mardi 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which Is securely attached hereto is exactly as printed, and published in their regular daffy and/or Sunday/ Metro editions which appeared on the date(s) Indicated below. That neither he nor said Company Is interested In the subject matter of said printed notice or advertising, and that alt of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the.facts aforesaid and is duly euthorbmd and empowered to verify this statement on behalf of The Pot t News Co. aforesaid by virtue and pursuant to a resolution unanknousy passed and adapted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Reolyding of Deeds In and for sold County of Dauphin In Miscellaneous Book 'W, Volume. i4, Page 317. PUBLICATION COPY ThIs ad a 0001886139 ran on the dates shown below: INTN yi March 12, 2009 OF?1H^`?Y11 Ul?? cm w WW To. ussR.s:saa.f.aMNw:nc, ?rosnR •' Sworn ubscribad before rrue? 13 of March, 2009 A.D. Mllw:r•r?iiw.waAMlirwc. - . ? ? .. ' TO: MMnr a/R/aAnMr:w t?wt.-i? : / Notary Public Hewn r of P Will e.rlana . NOMA a -M IN m:rtiwi « To ?sa.6ra - ?a/M_mr?iRw wMU" = V ? !h?aiamonkad !are6rv. nRt T?! '.[+V1au. arstiavse,IIOtt =Wa uoaMaN K?"R.?«RSUrw.?w?..oauroR,atrowu•. 31 NA wiiK:: TN1s prrn Lweof Tina IT 14AS TBaRaIs ju"MRN'r/(6I11. YOU, AYGWI. it IR'upp??''??YfN•.. .. TO asNTT/r1?¢,,j ¦ pa.TA1C11... IOMMYOAIAWMyPIpY iM?C?; ;.. _ Ly. OOTO, OR SET... SINEW LS41AL','* W? M It {^L t: "IC YF - ~ ?r{y? I ? "JU?f UBS Real Estate Securities, Inc. VS Anthony Petrone a/k/a Anthony C. Petrone and Heather Petrone In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-315 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants to wit: Anthony Petrone a/k/a Anthony C. Petrone and Heather Petrone, but was unable to locate them in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Anthony Petrone a/k/a Anthony C. Petrone and Heather Petrone. Property address is vacant and the post office does not have a forwarding address. Timothy R. Black, Deputy Sheriff, who being duly sworn according to law, states that on March 12, 2009 at 1140 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Anthony Petrone a/k/a Anthony C. Petrone and Heather Petrone by making known unto Heather Petrone, personally and wife of Anthony Petrone, a/k/a Anthony C. Petrone, at 203 Zion Road, Newburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 17, 2009 at 2000 hours, he posted a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the property of Anthony Petrone a/k/a Anthony C. Petrone and Heather Petrone, located at 323 Barnstable Road, Carlisle, Cumberland County, Pennsylvania, PURSUANT TO COURT ORDER. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2009 at 0940 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Anthony Petrone a/k/a Anthony C. Petrone and Heather Petrone, located at 323 Barnstable Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, in accordance to civil process rule 3129.3, "If the plaintiff or a representative of the plaintiff is not present at the sale, the real property shall not be sold. The sheriff shall return the writ of execution to the prothonotary and file a return pursuant to Rule 3139, indicating that the real property was not sold because the plaintiff or a representative of the the plaintiff was not present at the sale". Sheriff's Costs: Docketing 30.00 Poundage 21.06 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 26.88 Levy 15.00 Surcharge 30.00 Post Pone Sale Posting Law Journal Patriot News Share of bills So Answers: R. Thomas Kline, Sheriff BY Real state Coordinator 20.00 12.00 487.55 389.00 15.52 1,079.51 ? c' 1 ?'??'? LJ ' vv C, Ct? 7 v :? y ? v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS REAL ESTATE SECURITIES, INC., Plaintiff, vs. ANTHONY PETRONE A/K/A ANTHONY C PETRONE; HEATHER PETRONE Defendants. CIVIL DIVISION NO.: 2008-00315 AFFIDAVIT PURSUANT TO RULE 3129.1 UBS Real Estate Securities, Inc., Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 323 Barnstable Road, Carlisle, PA 17013. 1. Name and Address of Owner(s) or Reputed Owner(s): ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE 323 Barnstable Road Carlisle, PA 17013 2. Name and Address of Defendant(s) in the Judgment: ANTHONY PETRONE A/K/A ANTHONY C. PETRONE 323 Barnstable Road Carlisle, PA 17013 HEATHER PETRONE 323 Barnstable Road Carlisle, PA 17013 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: UBS REAL ESTATE SECURITIES, INC. Plaintiff 4. Name and Address of the last record holder of every mortgage of record: UBS REAL ESTATE SECURITIES, INC. Plaintiff MERS, INC. AS NOMINEE FOR CASTLE POINT MORTGAGE, INC. PO BOX 2026 FLINT, MI 48501 AND 6800 DEERPATH ROAD, SUITE 105 ELKRIDGE, MD 21075 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale:, CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 323 Barnstable Road Carlisle, PA 17013 UNKNOWN SPOUSE 323 Barnstable Road Carlisle, PA 17013 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unpworn falsification to authorities. ZUCKER LLC Dated: September 24, 2008 BY: cott A. etterick, IAP D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Richard P. Haber, Esquire; PA.I.D. 4202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-96551 (908) 233-8500; (908) 233-1390 FAX EXHIBIT "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN CITY OF CARLISLE, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 204, PAGE 783, ID# 46-08- 0583-097C, BEING KNOWN AND DESIGNATED AS: ALL THAT CERTAIN TRACT OF LAND SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 ALSO KNOWN AS BARNSTABLE ROAD, ON THE DIVIDING LINE BETWEEN LOT NO 2 AND 3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE, NORTH 48 DEGREES 29 MUINITES SECOND WEST 314.88 FEET TO A POINT; THENCE BY THE DIVIDING LINE BETWEEN LOT 3 AND 4 ON SAID PLANS OF LOTS, NORTH 51 DEGREES 38 MUINITES 22 SECONDS EAST 265.84 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 42 DEGREES 18 MUINITES 25 SECONDS EAST 277.69 FEET TO A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 AFORESSAID THENCE BY THE NORTHERN SIDE OF SAID ROAD, ON A CURVE TO THE LEFT HAVING A RADIUS OF 1364.58 FEET AN ARC DISTANCE OF 147.1 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 41 DEGREES 30 MINUTES 59 SECONDS WEST 85 FEET TO THE PLACE OF BEGINNING BEING LOT N03 ON THE SUBDIVISION PLAN OF THE GRANTORS, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 123; HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 323 BARNSTABLE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH RONALD L. LUDT AND BRENDA K. LUDT, HIS WIFE, BY DEED DATED JULY 23, 1999 AND RECORDED JULY 2.8, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 204, PAGE 783, GRANTED AND CONVEYED UNTO ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE. TAX MAP NO.: 46-08-0583-097C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS REAL ESTATE SECURITIES, INC., CIVIL DIVISION Plaintiff, : NO,: 2008-00315 VS. ANTHONY PETRONE A/K/A ANTHONY C. PETRONE; HEATHER PETRONE; Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Heather Petrone 323 Barnstable Road Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013 on 03/04/2009 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 323 Barnstable Road, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2008-00315 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Anthony C. Petrone and Heather Petrone, his wife A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FINE) OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: I . You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petitiq?go the Court. ZUCKER GOJ RG,& ACKEtMAN, LLC Dated: September 24, 2008 BY: 9 r ' Scott A. ietterick, sq ' e; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Richard P. Haber, Esquire; PA.I.D. 4202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-96551 (908) 233-8500; (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. EXHIBIT "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN CITY OF CARLISLE, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 204, PAGE 783, ID# 46-08- 0583-097C, BEING KNOWN AND DESIGNATED AS: ALL THAT CERTAIN TRACT OF LAND SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 ALSO KNOWN AS BARNSTABLE ROAD, ON THE DIVIDING LINE BETWEEN LOT NO 2 AND 3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE, NORTH 48 DEGREES 29 MUINITES SECOND WEST 314.88 FEET TO A POINT; THENCE BY THE DIVIDING LINE BETWEEN LOT 3 AND 4 ON SAID PLANS OF LOTS, NORTH 51 DEGREES 38 MUINITES 22 SECONDS EAST 265.84 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 42 DEGREES 18 MUINITES 25 SECONDS EAST 277.69 FEET TO A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 AFORESSAID THENCE BY THE NORTHERN SIDE OF SAID ROAD, ON A CURVE TO THE LEFT HAVING A RADIUS OF 1364.58 FEET AN ARC DISTANCE OF 147.1 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 41 DEGREES 30 MINUTES 59 SECONDS WEST 85 FEET TO THE PLACE OF BEGINNING BEING LOT N03 ON THE SUBDIVISION PLAN OF THE GRANTORS, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 123; HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 323 BARNSTABLE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH RONALD L. LUDT AND BRENDA K. LUDT, HIS WIFE, BY DEED DATED JULY 23, 1999 AND RECORDED JULY 28, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 204, PAGE 783, GRANTED AND CONVEYED UNTO ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE. TAX MAP NO.: 46-08-0583-097C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS REAL ESTATE SECURITIES, INC., : CIVIL DIVISION Plaintiff, NO.: 2008-00315 vs. ANTHONY PETRONE A/K/A ANTHONY C. PETRONE; HEATHER PETRONE; Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Anthony Petrone a/k/a Anthony C. Petrone 323 Barnstable Road Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 03/04/2009 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 323 Barnstable Road, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2008-00315 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Anthony C. Petrone and Heather Petrone, his wife A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is ?Filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 170,13-3387, before presentation of the petition to the Court. , ZUCKER GOLF G & 4CKEWAN, LLC Dated: September 24, 2008 BY: Scott A. ietterick, ; PA I.D. 455650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Richard P. Haber, Esquire; PA.I.D. #202567 Eric Santos, Esquire; PA I.D. 4201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-96551 (908) 233-8500; (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. EXHIBIT "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN CITY OF CARLISLE, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 204, PAGE 783, ID# 46-08- 0583-097C, BEING KNOWN AND DESIGNATED AS: ALL THAT CERTAIN TRACT OF LAND SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 ALSO KNOWN AS BARNSTABLE ROAD, ON THE DIVIDING LINE BETWEEN LOT NO 2 AND 3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE, NORTH 48 DEGREES 29 MUINITES SECOND WEST 314.88 FEET TO A POINT; THENCE BY THE DIVIDING LINE BETWEEN LOT 3 AND 4 ON SAID PLANS OF LOTS, NORTH 51 DEGREES 38 MUINITES 22 SECONDS EAST 265.84 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 42 DEGREES 18 MUINITES 25 SECONDS EAST 277.69 FEET TO A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 AFORESSAID THENCE BY THE NORTHERN SIDE OF SAID ROAD, ON A CURVE TO THE LEFT HAVING A RADIUS OF 1364.58 FEET AN ARC DISTANCE OF 147.1 FEET TO A CONCRETE MONUMENT:'; THENCE BY THE SAME, SOUTH 41 DEGREES 30 MINUTES 59 SECONDS WEST 85 FEET TO THE PLACE OF BEGINNING BEING LOT N03 ON THE SUBDIVISION PLAN OF THE GRANTORS, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 123; HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 323 BARNSTABLE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH RONALD L. LUDT AND BRENDA K. LUDT, HIS WIFE, BY DEED DATED JULY 23, 1999 AND RECORDED JULY 28, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 204, PAGE 783, GRANTED AND CONVEYED UNTO ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE. TAX MAP NO.: 46-08-0583-097C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) - NO 08-315 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UBS REAL ESTATE SECURITIES, INC., Plaintiff (s) From ANTHONY PETRONE a/k/a ANTHONY C. PETRONE; HEATHER PETRONE: (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $205,782.03 L.L.$ 0.50 Interest from 3/28/08 to date of sale -- $29,380.00 Attv's Comm % Due Prothy $2.00 Atty Paid $167.80 Other Costs Plaintiff Paid Date: 10/08/08 4 rothonotary (Seal) By: Deputy REQUESTING PARTY: Name: SCOTT A. DIETTERICK, ESQUIRE Address: ZUCKER, GOLDBERG & ACKERMAN, LLC 200 SHEFFIELD STREET, SUITE 301 MOUNTAINSIDE, NJ 07092 Attorney for: PLAINTIFF Telephone: 908-233-8500 Supreme Court ID No. 55650 Real Estate Sale #35 On November 12, 2008 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA Known and numbered as 323 Barnstable Rd., Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 12, 2008 By: Real Estate 'ergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 30, February 6, and February 13, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie SWORXTO AND SUBSCRIBED before me this 13 day of February 13, 2009 O Notary - NOTARIAL SEAL DEBORAH A COLLINS Nctarf Public CARLISLE BORO, CUMBERLAI Z COl1NTY My Commission Expires Apr s:(;, 20111) REAL ESTATE SALE NO, 35 Writ No, 2008-315 Civil UBS Real Estate Securities, Inc. vs. Anthony Petrone a/k/a Anthony C. Petrone and Heather Petrone Atty.: Scott Dietterick EXHIBIT "A" LEGAL DESCRIPTION ALL that parcel of land in City of Carlisle, Cumberland County, State of Pennsylvania, as more fully de- scribed in Deed Book 204, Page 783, ID# 46-08-0583-097C, being known and designated as: ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows; Beginning at a point on the northern side of Township Road No. 447 also known as Barnstable Road, on the dividing line between Lot No, 2 and 3 on the hereinafter mentioned Plan of Lots; Thence by said dividing line, North 48 degrees 29 muinites second West 314.88 feet to a point; Thence by the dividing line between Lot 3 and 4 on said Plans of Lots, North 51 degrees 38 muinites 22 seconds East 265.84 feet to a concrete monu - ment; Thence by the same, South 42 degrees 18 muinites 25 seconds East 277.69 feet to a point on the north- ern side of Township Road No. 447 aforessaid Thence by the northern side of said road, on a curve to the left having a radius of 1364.58 feet an arc distance of 147.1 feet to a concrete monument; Thence by the same, South 41 degrees 30 minutes 59 seconds West 85 feet to the place of BEGINNING. BEING Lot No. 3 0>> the subdi'sion plan of the grantors, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 32, Page 123; HAVING THEREON EREt:TEL a dwelling house being known and numbered as 323 Barnstable Road Carlisle, PA, 17015. BEING the same premises which Ronald L. Ludt and Brenda K. Ludt, his wife, by deed dated July 23, 1999 and recorded July 28, 1999 in and for Cumberland County, Pennsylvania, in Deed Book Volume 204, Page 783; granted and conveyed unto Anthony C. Petrone and Heather Petrone, his wife. TAX MAP NO 4o-08-0583 097C. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Zhe Patriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY REAL ESTATE SALE NO. 35 Writ No. 2008-315 Civil Term UBS Real Estate Securities, Inc. VS Anthony Petrone alWa Anthony C. Petrone and Heather Petrone Attorney Scott Dietterick LEGAL DESCRIPTION EXHIBIT "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN . CITY OF CARLISLE, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 204, PAGE 783, ID# 46-08-0583-097C, BEING KNOWN AND DESIGNATED AS: ALL THAT CERTAIN TRACT OF LAND SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUN1 r, PENNSYLVANIA BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447'ALSO KNOWN AS BARNSTABLE ROAD, ON THE DIVIDING LINE BETWEEN LOT NO 2 AND 3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE, NORTH 48 DEGREES 29 MUINITES SEC WEST 314.88 FEET TO A POINT; THEN BY THE DIVIDING LINE BETWEEN LOT 3 AND 4 ON SAID PLANS OF LOTS, NORTH 51 DEGREES 38 MUINITES 22 SECONDS EAST 265.84 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH42 DEGREES 18 MUINITES 25 SECONDS EAST 277.69 FEET TO A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 AFORESSAID THENCE BY THE NORTHERN.SIDE OF SAID ROAD, ON A CURVE TO THE LEFT HAVING A-RADIUS OF 1364.58 FEET AN ARC DISTANCE OF 147.1 FEET TO A This ad ran on the date(s) shown below: 01/21/09 01/28/09 02/04/09 ?.??:......... . : Sworn to andiab-s`cribed before me this 25 day of February, 2009 A.D. Notary Public m Sh e t .;. ??9 r r pry Public / yI Of Cly V Harns •;.'r .,1, ?.)aiphin County W Cornmissior #. ql es Nov. 4 2011 Member, Pennsy,!„ ._-wiatbn of Notaries CONCRETE MONUMENT; THENCE BY 44 THE SAME, SOUTH 41 DEGREES 30 MINUTES 59 SECONDS WEST 85 FEET TO THE PLACE OF BEGINNING BEING LOT N03? ON THE SUBDIVISION PLAN OF THE GRANTORS, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 123; HAVING THEREON - ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 323 BARNSTABLE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH RONALD L. LUDT AND BRENDA K. LUDT, HIS WIFE, BY DEED DATED JULY 23, 1999 AND RECORDED JULY 28, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 204, PAGE 783, GRANTED AND CONVEYED UNTO ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE. TAX MAP NO.: 4608-0583-097C In was 5usan 1 Ottnia. , C. 31 ammacher, Christopher and Jacy, Etters, Ighter. Mrs. Hammacher was Jacy Kline. usemann, Caitlin and Kevin Parise, Camp I, daughter. ARRISBM WSM C.1 arrasquillo, Israel Jr. and Yancy, Harris- g, daughter. Mrs. Carrasquillo was Yancy entin. hardo, Francis and Christine, Harrisburg, Ighter. Mrs. Chardo was Christine Heck- n. renning, Matthew and Cori, Enola, twins, and daughter. Mrs. Drenning was Cori feu arman, Jennifer and Christopher Weiss, ilidp cnn Dui ¦13 Mr .E ics ¦ J, bun ¦1 ¦P twi Sal ¦h ¦S Brc ¦T bei DE IN E dai MC ¦2 Ha IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION If UBS Real Estate Securities, Inc., Plaintiff, vs Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone File No. 2008-00315 Amount Due $205,782.03 Interest from 03/28/2008 to date of sale $50,398.00 Costs Defendants. TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract of account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue Writ of Execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s): See Exhibit "A" attached PRAECIPE FOR ATTACHMENT EXECUTION Issue Writ of Attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personality list): and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). 1-1 (Indicate) Index this writ against the garnishee(s) as a lis defendant(s) described in the attached exhibit. DATE: November 3, 2009 Signature: Print Name: Address Attorney for: Telephone: Supreme Court ID No.: Kimberly A. Bonner, Esquire Joel Ackerman, Esquire Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Plaintiff 908-233-8500 55650 89705 202567 201493 ;lc;.cnnan. C,L C Lick vi L_ o, b a & 0 -0 7VF 7, --.TAPY 2ng Hoy .5 PH 1, 5 9 t?,l'di 00 p BF A"74 3a 8o tto.oo t ,onq. 5 + ?1)15a.31- $a.oo bueCo cx,it haaa gYQ330Sd --]Qe I 4j??j f IV Exhibit "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN CITY OF CARLISLE, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 204, PAGE 783, ID# 46-08- 0583-0970, BEING KNOWN AND DESIGNATED AS: ALL THAT CERTAIN TRACT OF LAND SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 ALSO KNOWN AS BARNSTABLE ROAD, ON THE DIVIDING LINE BETWEEN LOT NO 2 AND 3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE, NORTH 48 DEGREES 29 MUINITES SECOND WEST 314.88 FEET TO A POINT; THENCE BY THE DIVIDING LINE BETWEEN LOT 3 AND 4 ON SAID PLANS OF LOTS, NORTH 51 DEGREES 38 MUINITES 22 SECONDS EAST 265.84 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 42 DEGREES 18 MUINITES 25 SECONDS EAST 277.69 FEET TO A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 AFORESSAID THENCE BY THE NORTHERN SIDE OF SAID ROAD, ON A CURVE TO THE LEFT HAVING A RADIUS OF 1364.58 FEET AN ARC DISTANCE OF 147.1 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 41 DEGREES 30 MINUTES 59 SECONDS WEST 85 FEET TO THE PLACE OF BEGINNING BEING LOT N03 ON THE SUBDIVISION PLAN OF THE GRANTORS, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 123; HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 323 BARNSTABLE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH RONALD L. LUDT AND BRENDA K. LUDT, HIS WIFE, BY DEED DATED JULY 23, 1999 AND RECORDED JULY 28, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 204, PAGE 783, GRANTED AND CONVEYED UNTO ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE. TAX MAP NO.: 46-08-0583-097C "Zucker, Goldberg 8: Ackerman, LLC: FCP-96551 f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS Real Estate Securities, Inc., CIVIL DIVISION Plaintiff, NO.: 2008-00315 vs. Anthony Petrone a/kla Anthony C. Petrone; Heather Petrone Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 UBS Real Estate Securities, Inc., Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 323 Barnstable Road, Carlisle, PA 17013. 1. Name and Address of Owner(s) or Reputed Owner(s): ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE 323 Barnstable Road Carlisle, PA 17013 2. Name and Address of Defendant(s) in the Judgment: ANTHONY PETRONE A/K/A ANTHONY C. PETRONE 323 Barnstable Road Carlisle, PA 17013 HEATHER PETRONE 323 Barnstable Road Carlisle, PA 17013 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: UBS REAL ESTATE SECURITIES, INC. Plaintiff 4. Name and Address of the last record holder of every mortgage of record: 7tsclux, (iAdh?r,? & ,??tieri77 uI I,C UBS REAL ESTATE SECURITIES, INC. Plaintiff MERS, INC. AS NOMINEE FOR CASTLE POINT MORTGAGE, INC. 6800 DEERPATH ROAD, SUITE 105 ELKRIDGE, MD 21075 AND PO BOX 2026 FLINT, MI 48501 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 323 Barnstable Road Carlisle, PA 17013 UNKNOWN SPOUSE 323 Barnstable Road Carlisle, PA 17013 /n,- cr ?ioldhcra k '\Acrman_ f I PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relatingnto unswor a sification to authorities. ZUCKER UOLPUtWG P- ACKERMAN, LLC Dated: November 3, 2009 BY: Scott A. i tterick, Esq ' e; PA I.D. #55650 Kimberly . Bonner, Esquire; PA.I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-96551 (908) 233-8500; (908) 233-1390 FAX ZucYutr. tiol.?lh?r?? ?. ,1;:ke•rm?n_ I I,C' Exhibit "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN CITY OF CARLISLE, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 204, PAGE 783, IN 46-08- 0583-097C, BEING KNOWN AND DESIGNATED AS: ALL THAT CERTAIN TRACT OF LAND SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 ALSO KNOWN AS BARNSTABLE ROAD, ON THE DIVIDING LINE BETWEEN LOT NO 2 AND 3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE, NORTH 48 DEGREES 29 MUINITES SECOND WEST 314.88 FEET TO A POINT; THENCE BY THE DIVIDING LINE BETWEEN LOT 3 AND 4 ON SAID PLANS OF LOTS, NORTH 51 DEGREES 38 MUINITES 22 SECONDS EAST 265.84 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 42 DEGREES 18 MUINITES 25 SECONDS EAST 277.69 FEET TO A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 AFORESSAID THENCE BY THE NORTHERN SIDE OF SAID ROAD, ON A CURVE TO THE LEFT HAVING A RADIUS OF 1364.58 FEET AN ARC DISTANCE OF 147.1 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 41 DEGREES 30 MINUTES 59 SECONDS WEST 85 FEET TO THE PLACE OF BEGINNING BEING LOT N03 ON THE SUBDIVISION PLAN OF THE GRANTORS, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 123; HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 323 BARNSTABLE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH RONALD L. LUDT AND BRENDA K. LUDT, HIS WIFE, BY DEED DATED JULY 23, 1999 AND RECORDED JULY 28, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 204, PAGE 783, GRANTED AND CONVEYED UNTO ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE. TAX MAP NO.: 46-08-0583-097C Luckcr (;oIdbcrv N: Ackcrman. I I,( THE AM 2Cu4 OV -5 FH I: 59 l ?„ Y' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS Real Estate Securities, Inc., : CIVIL DIVISION Plaintiff, VS. NO.: 2008-00315 Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Anthony Petrone a/k/a Anthony C. Petrone 323 Barnstable Road Carlisle, PA 17013 TAKE NOTICE: That the Sheriff s Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 03/03/2010 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 323 Barnstable Road, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2008-00315 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. Zucker, Goldberg & Ackerman, LLC FCP-96551 r THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle:L44 %&CKERMAN, before presentation of the petition to the Court. ZUCKE GLLC Dated: November 3, 2009 BY: U Scott A. etten c, Esquir ; A I.D. #55650 Kimberl . Bonner, Esquire; PAID. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-96551 (908) 233-8500; (908) 233-1390 FAX PER ORDER OF COURT Zucker, Goldberg & Ackerman, LLC FCP-96551 Exhibit "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN CITY OF CARLISLE, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 204, PAGE 783, ID# 46-08- 0583-097C, BEING KNOWN AND DESIGNATED AS: ALL THAT CERTAIN TRACT OF LAND SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 ALSO KNOWN AS BARNSTABLE ROAD, ON THE DIVIDING LINE BETWEEN LOT NO 2 AND 3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE, NORTH 48 DEGREES 29 MUINITES SECOND WEST 314.88 FEET TO A POINT; THENCE BY THE DIVIDING LINE BETWEEN LOT 3 AND 4 ON SAID PLANS OF LOTS, NORTH 51 DEGREES 38 MUINITES 22 SECONDS EAST 265.84 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 42 DEGREES 18 MUINITES 25 SECONDS EAST 277.69 FEET TO A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 AFORESSAID THENCE BY THE NORTHERN SIDE OF SAID ROAD, ON A CURVE TO THE LEFT HAVING A RADIUS OF 1364.58 FEET AN ARC DISTANCE OF 147.1 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 41 DEGREES 30 MINUTES 59 SECONDS WEST 85 FEET TO THE PLACE OF BEGINNING BEING LOT N03 ON THE SUBDIVISION PLAN OF THE GRANTORS, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 123; HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 323 BARNSTABLE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH RONALD L. LUDT AND BRENDA K. LUDT, HIS WIFE, BY DEED DATED JULY 23, 1999 AND RECORDED JULY 28, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 204, PAGE 783, GRANTED AND CONVEYED UNTO ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE. TAX MAP NO.: 46-08-0583-097C Zucker, Goldberg & Ackennan, L.L.C FCP-96551 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS Real Estate Securities, Inc., : CIVIL DIVISION Plaintiff, : NO.: 2008-00315 VS. Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Heather Petrone 323 Barnstable Road Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 03/03/2010 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 323 Barnstable Road, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2008-00315 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Zucker, Goldberg & Ackerman, LLC FCP-96551 Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. Zucker, Goldberg & Ackerman, LLC FCP-96551 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentatA» of the prition to the Court. ZUCKERV0f,DMQ 4 KKERMAN, LLC Dated: November 3, 2009 BY: J Scott APiettenck, Esq ' e; PA I.D. #55650 Kimberly A. Bonner, Esquire; PAID. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-96551 (908) 233-8500; (908) 233-1390 FAX PER ORDER OF COURT Zucker, Goldberg & Ackerman, LLC FCP-96551 Exhibit "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN CITY OF CARLISLE, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 204, PAGE 783, ID# 46-08- 0583-097C, BEING KNOWN AND DESIGNATED AS: ALL THAT CERTAIN TRACT OF LAND SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 ALSO KNOWN AS BARNSTABLE ROAD, ON THE DIVIDING LINE BETWEEN LOT NO 2 AND 3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE, NORTH 48 DEGREES 29 MUINITES SECOND WEST 314.88 FEET TO A POINT; THENCE BY THE DIVIDING LINE BETWEEN LOT 3 AND 4 ON SAID PLANS OF LOTS, NORTH 51 DEGREES 38 MUINITES 22 SECONDS EAST 265.84 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 42 DEGREES 18 MUINITES 25 SECONDS EAST 277.69 FEET TO A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 AFORESSAID THENCE BY THE NORTHERN SIDE OF SAID ROAD, ON A CURVE TO THE LEFT HAVING A RADIUS OF 1364.58 FEET AN ARC DISTANCE OF 147.1 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 41 DEGREES 30 MINUTES 59 SECONDS WEST 85 FEET TO THE PLACE OF BEGINNING BEING LOT N03 ON THE SUBDIVISION PLAN OF THE GRANTORS, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 123; HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 323 BARNSTABLE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH RONALD L. LUDT AND BRENDA K. LUDT, HIS WIFE, BY DEED DATED JULY 23, 1999 AND RECORDED JULY 28, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 204, PAGE 783, GRANTED AND CONVEYED UNTO ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE. TAX MAP NO.: 46-08-0583-097C Zucker, Goldberg & Ackennan,11C PCR96551 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-315 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UBS REAL ESTATE SECURITIES, INC., Plaintiff (s) From ANTHONY PETRONE a/k/a ANTHONY C. PETRONE; HEATHER PETRONE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $205,782.03 L.L. Interest from 3/28/08 to Date of Sale -- $50,398.00 Atty's Comm % Due Prothy $2.00 Atty Paid $1,152.31 Other Costs Plaintiff Paid Date: 11/5/09 Curtis R. L r ho tary (Seal) By: Deputy REQUESTING PARTY: Name: JOEL ACKERMAN, ESQUIRE Address: ZUCKER, GOLDBERG & ACKERMAN, LLC 200 SHEFFIELD STREET, SUITE 301 MOUNTAINSIDE, NJ 17092 Attorney for: PLAINTIFF Telephone: 908-233-8500 Supreme Court ID No. 202729 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS Real Estate Securities, Inc., Plaintiff, CIVIL DIVISION NO.: 2008-00315 VS. Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone Defendants. AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 UBS Real Estate Securities, Inc., Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 323 Barnstable Road, Carlisle, PA 17013. 1. Name and Address of Owner(s) or Reputed Owner(s): ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE 323 Barnstable Road Carlisle, PA 17013 2. Name and Address of Defendant(s) in the Judgment: ANTHONY PETRONE A/K/A ANTHONY C. PETRONE 323 Barnstable Road Carlisle, PA 17013 HEATHER PETRONE 323 Barnstable Road Carlisle, PA 17013 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: UBS REAL ESTATE SECURITIES, INC. Plaintiff 4. Name and Address of the last record holder of every mortgage of record: UBS REAL ESTATE SECURITIES, INC. Plaintiff CASTLE POINT MORTGAGE, INC. 6800 DEERPATH ROAD, SUITE 105 ELKRIDGE, MD 21075 MFRS, INC. AS NOMINEE FOR CASTLE POINT MORTGAGE, INC. PO BOX 2026 FLINT, MI 48501 BAYVIEW LOAN SERVICING, L.L.C. 285 GRAND AVENUE SOUTHLAKE TX 16092 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 323 Barnstable Road Carlisle, PA 17013 UNKNOWN SPOUSE 323 Barnstable Road Carlisle, PA 17013 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 ,plating to unsworn falsification to authorities. n fi ' ,LLC Dated: November 3, 2009 BY: I _ U Scott A. etterick, Esquire; PA I.D. #55650 Kimberl A. Bonner, Esquire; PA.I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-96551 (908) 233-8500; (908) 233-1390 FAX Exhibit "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN CITY OF CARLISLE, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 204, PAGE 783, ID# 46-08-0583-097C, BEING KNOWN AND DESIGNATED AS: ALL THAT CERTAIN TRACT OF LAND SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 ALSO KNOWN AS BARNSTABLE ROAD, ON THE DIVIDING LINE BETWEEN LOT NO 2 AND 3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE, NORTH 48 DEGREES 29 MUINITES SECOND WEST 314.88 FEET TO A POINT; THENCE BY THE DIVIDING LINE BETWEEN LOT 3 AND 4 ON SAID PLANS OF LOTS, NORTH 51 DEGREES 38 MUINITES 22 SECONDS EAST 265.84 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 42 DEGREES 18 MUINITES 25 SECONDS EAST 277.69 FEET TO A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 AFORESSAID THENCE BY THE NORTHERN SIDE OF SAID ROAD, ON A CURVE TO THE LEFT HAVING A RADIUS OF 1364.58 FEET AN ARC DISTANCE OF 147.1 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 41 DEGREES 30 MINUTES 59 SECONDS WEST 85 FEET TO THE PLACE OF BEGINNING BEING LOT N03 ON THE SUBDIVISION PLAN OF THE GRANTORS, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 123; HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 323 BARNSTABLE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH RONALD L. LUDT AND BRENDA K. LUDT, HIS WIFE, BY DEED DATED JULY 23, 1999 AND RECORDED JULY 28, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 204, PAGE 783, GRANTED AND CONVEYED UNTO ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE. TAX MAP NO.: 46-08-0583-097C RED- OP THF: 200 9 DEC 30 hi+I1? 4c? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N a UBS REAL ESTATE SECURITIES, INC., CIVIL DIVISION i; w i Plaintiff NO.: 2008-00315 P CO = {. , Vs. Sheriff Sale #: Jf C:? - !-'T l =, M Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone TYPE OF PLEADING UD -? Defendants. Pa. R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF: UBS Real Estate Securities, Inc. COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire- PA I.D. #89705 Joel A. Ackerman, Esquire- PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX officer&zuckerp-oldberp.com File No.: FCP- 96551/gg I It IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS REAL ESTATE SECURITIES, INC., : CIVIL DIVISION Plaintiff, : NO.: 2008-00315 VS. Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone Defendants. Pa.R.C.P. RULE 3129(c) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST I, Gamalielle Geffrard, a paralegal with the firm of Zucker, Goldberg & Ackerman, LLC, attorneys for Plaintiff, UBS Real Estate Securities, Inc., being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff's Notice of Sheriff's Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: 1. Defendants, Anthony C. Petrone and Heather Petrone, his wife, are the record owners of the real property. 2. Pursuant to Order of Court dated 03/05/2009, the Sheriff of Cumberland County posted the address of the mortgaged premises, being 323 Barnstable Road, Carlisle PA 17013, on or about 12/28/09. A true and correct copy of said Notice and Return of Service are marked Exhibit "A", attached hereto and made a part hereof. 3. Pursuant to the Order of Court dated 03/05/2009, Plaintiff completed all required mailings to the Defendant on 02/01/2009. True and correct copies of said proofs of mailing are marked Exhibit "B", attached hereto and made a part hereof. 4. On or about December 17, 2009, Plaintiff's counsel served all other parties in interest with Plaintiff's Notice of Sheriff's Sale according to Plaintiff's Affidavit Pursuant to rule 3129. 1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and Zucker, Goldberg & Ackerman, LLC FCP-96551 correct copies of said Notices and Certificates of Mailing are marked Exhibit "C", attached hereto and made a part hereof. Finally, the undersigned deposes and says that the Defendants/Owners and all other Parties of Interest were served with Plaintiff's Notice of Sheriff's Sale of Real Property in accordance with Pa.R.C.P. 3129.2. ZUCKER, GOLDBERG & ACKERMAN, LLC Attorneys for Plajf n Dated: February 5, 2010 Paralegal/Legal Sworn to and subscribed before me this 5th day of February, 2010 Z. ? Notary Public MY COMMISSION EXPIRES: MARIE LINDNER NOTARY PUBLIC OF NEW JERSEY Commission Expires 10/10/2011 Zucker, Goldberg & Ackerman, LLC FCP-96551 EXHIBIT A Zucker, Goldberg & Ackerman, LLC FCP-96551 Jan-29. 2010 4:58PM No, 5470 P. 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Shedd Jody S Smith ?pdg1M OS ?pYl?yr?J?fo ChiefOPP* A - i Edward L Schorpp ? ir x = Solicitor OrFCE OF rKE smER" UBS Real Estate Securities Inc vs. Case Number Anthony Petrone 2008-315 SHERIFF'S RETURN OF SERVICE 1288/2009 10:52 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on December 28, 2009 at 1050 hours, he posted a hue copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Anthony Petrone, located at, 323 Barnstable Road, Carlisle, Cumberland County, Pennsylvania according to law. 01115/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to taw, states that he. made a diligent search and inquiry for the within named defendant to wit: Heather Petrone, but was unable to lowe her in his bailiwick, He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Heather Petrone, property Is vacant, defendant did not leave a forwarding address. 0111512010 Ronny R. Anderson, Sheriff, who being duly swum according 10 law, states that he made a diligent search and inquiry for the within named defendant to wit: Anthony Petrone, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Anthony Petrone, property Is vacant, defendant did not leave a forwarding address. A "OYS ild SNEMt relLtwA• 1 ?c O N G ?0 gm v.o x N N min Q Z m ? f0 O Qo O D O R- ( D _N 3 O ? 7 r r n D FIQ CD r CO ;0 > CD - _ on _ -D 1T? ? D ((DD ru En Z? ? D o DO m r CO - ? O m `. w 44 = -a o N ? .?, _ w ?- -0 = o N OO ?D O NN *7 iJn{ 7113 8257 1473 7925 4390 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS Real Estate Securities, Inc., : CIVIL DIVISION VS. Plaintiff, : NO.: 2008-00315 Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Heather Petrone 323 Barnstable Road Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013 on 03/03/2010 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 323 Barnstable Road, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2008-00315 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. 0 Zucker, Goldberg & Ackerman, LLC FCP-96551 Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 0 Zucker, Goldberg & Ackerman, LLC FCP-%551 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentaf of the pp%90 to the Court. , LLC l Dated: November 3, 2009 By. Scott A. ettenck, squ e;PA?I. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-96551 (908) 233-8500; (908) 233-1390 FAX . PER ORDER OF COURT w Zucker, Goldberg & Ackerman, LLC FCP-96551 Exhibit "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN CITY OF CARLISLE, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 204, PAGE 783, ID# 46-08- 0583-097C, BEING KNOWN AND DESIGNATED AS: ALL THAT CERTAIN TRACT OF LAND SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 ALSO KNOWN AS BARNSTABLE ROAD, ON THE DIVIDING LINE BETWEEN LOT NO 2 AND 3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE, NORTH 48 DEGREES 29 MUINITES SECOND WEST 314.88 FEET TO A POINT; THENCE BY THE DIVIDING LINE BETWEEN LOT 3 AND 4 ON SAID PLANS OF LOTS, NORTH 51 DEGREES 38 MUINITES 22 SECONDS EAST 265.84 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 42 DEGREES 18 MUINITES 25 SECONDS EAST 277.69 FEET TO A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 AFORESSAID THENCE BY THE NORTHERN SIDE OF SAID ROAD, ON A CURVE TO THE LEFT HAVING A RADIUS OF 1364.58 FEET AN ARC DISTANCE OF 147.1 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 41 DEGREES 30 MINUTES 59 SECONDS WEST 85 FEET TO THE PLACE OF BEGINNING BEING LOT N03 ON THE SUBDIVISION PLAN OF THE GRANTORS, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE.123; . HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 323 BARNSTABLE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH RONALD L. LUDT AND BRENDA K. LUDT, HIS WIFE, BY DEED DATED JULY 23, 1999 AND RECORDED JULY 28, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 204, PAGE 783, GRANTED AND CONVEYED UNTO ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE. TAX MAP NO.: 46-08-0583-097C Zucker, CA14dberg & Ackerman, 11C FCF-96551 ?0 gm go x ci N N_ m 8 Z R L <G o ¢o o D N _ m N 3 7 r r n DN?j? W _ t' r1 0 W = z > rLi m _ Ul Z? - DDO? a) Cn (D oM- v o - N rLi ? _ ? (? - W on W ?D - N O f0 O NN O N 7 1h?? 7113 8257 1473 7925 4383 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS Real Estate Securities, Inc., CIVIL DIVISION Plaintiff, VS. NO.: 2008-00315 Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CPAL PROCEDURE 3129 Anthony Petrone a/k/a Anthony C. Petrone 323 Barnstable Road Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 03/03/2010 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 323 Barnstable Road, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2008-00315 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. Zucker, Goldberg & Ackerman, LLC FCP-96551 THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a speck return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle;PA 17 %87, before presentation of the petition to the Court. ZUCKE CKERMAN, LLC Dated: November 3, 2009 BY, Scott A. etten c, EsquT A I.D. #55650 Kimberl . Bnner, Esquire; PAID. #89705 Joel A. Mkerrnan, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-96551 (908) 233-8500; (908) 233-1390 FAX PER ORDER OF COURT Zucker, Goldberg & Ackerman, LLC FCP-96551 Exhibit "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN CITY OF CARLISLE, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 204, PAGE 783, ID# 46-08- 0583-097C, BEING KNOWN AND DESIGNATED AS: ALL THAT CERTAIN TRACT OF LAND SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 ALSO KNOWN AS BARNSTABLE ROAD, ON THE DIVIDING LINE BETWEEN LOT NO 2 AND 3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE, NORTH 48 DEGREES 29 MUINITES SECOND WEST 314.88 FEET TO A POINT; THENCE BY THE DIVIDING LINE BETWEEN LOT 3 AND 4 ON SAID PLANS OF LOTS, NORTH 51 DEGREES 38 MUINITES 22 SECONDS EAST 265.84 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 42 DEGREES 18 MUINITES 25 SECONDS EAST 277.69 FEET TO A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 AFORESSAID THENCE BY THE NORTHERN SIDE OF SAID ROAD, ON A CURVE TO THE LEFT HAVING A RADIUS OF 1364.58 FEET AN ARC DISTANCE OF 147.1 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 41 DEGREES 30 MINUTES 59 SECONDS WEST 85 FEET TO THE PLACE OF BEGINNING BEING LOT N03 ON THE SUBDIVISION PLAN OF THE GRANTORS, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 123; HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 323 BARNSTABLE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH RONALD L. LUDT AND BRENDA K. LUDT, HIS WIFE, BY DEED DATED JULY 23,1999 AND RECORDED JULY 28,1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 204, PAGE 783, GRANTED AND CONVEYED UNTO ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE. TAX MAP NO.: 46-08-0583-097C Zucker, Wdberg & Ac:kennan, W' F(T-96551 EXHIBIT B Zucker, Goldberg & Ackerman, LLC FCP-96551 UNITED STATES POSTAL S 'VIC'Ee TW& Cord am of Maw pr°vWas evidence that mail has been Pnsemed to USPSe ro and intemationat mail, F'°"` Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 02 1M E801 2010 0004282038 F 07092 MAILED FROM ZIPGOOE FCP-96551/es T Anthony Petrone a/k/a Anthony C. Petrone y,' re 323 Barnstable Road Carlisle, PA 17013 rw.u County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02.000-9065 TP POSUL VIM oA •??o ThbCerdit*UofMaWftprovidesavkancethatmacehasbeenpnwnWtoUWS•rorrmNkV,TMs 1M FEg 1 $2 and intematlonal mad. 1 W,6 42820F? VPGODE 0"0 Scott A. Dietterick, Esquire MN c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 F0-96551/es TEAM C T Heather Petrone POsbmr`"em 323 Barnstable Road Carlisle, PA 17013 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530.02-000-9065 MAP, 0 3 2000Q R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS REAL ESTATE SECURITIES, INC., CIVIL DIVISION Plaintiff, NO.: 2008-00315 vs. Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone Defendant. ORDER OF COURT AND NOW, this day of lu 71-C , 2009, upon consideration of Plaintiff's Motion for Special Service, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve its Notice of Sheriff Sale on Defendant(s), Anthony Petrone a/k/a Anthony C. Petrone and Heather Petrone, by instructing the Sheriff of Cumberland County to POST a copy of same on the Mortgaged Premises, being 323 Barnstable Road, Carlisle PA 17013, and by mailing a copy to the Mortgaged Premises, via Certified Mail, no signature required and First Class U.S. Mail, Postage Prepaid, with said service being valid and complete upon such ostin and mailing in accordance with Pa.R.C.P. 3129.2 and 430 r2 A to t c l r BY THE COURT: V V ?? J. ccyf.???i`_y.,'y? .f The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 ZUCKER GOLDBERG & ACKERMAN 200 SHEFFIELD STREET Ot?latriot-News ow you know MOUNTAINSIDE NJ 07092 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with Its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below, That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad # 0001956139 ran on the dates shown below: IN THE COURTOP COMMON PLEAS' March 12, 2009 OP CUAMRRLAND-COUNTY.: PENNSYLVANIA CIVILACTION -LAW ? NOTICE "FOO. IPw SALEOP • ' ' • ' ' • ' • ' ?:. ` • ' //f s''?' REAL BSTATL PURSUANT TO PdR.C.P. 3119 - ?... - UISS Real EsMb SoomItIw Inc., ' R : .. Sworn ubscribed before m 13,day,of March, 2009 A.D. AeRIOnY Pehvne aNl/a ARlhOnv C. ?'??-------- TOWW;He ow Pe a/k/a Adllgm' C. MreSe: h1eA/Ut•_P_NfdN al de - CONMAORWIMTH OF PrTMW&VA" Wa41WttrM ? D?iuWAIlCoungr Wb CDrr?nYWon 6?hM NOV.1A, ZOt 1 Member, PannryMft AsoodWan a rfokWW EXHIBIT C Zucker, Goldberg & Ackerman, LLC FCP-96551 r 6"" P%. FO-STAL S ERUIM .1 0 2 12 $01.100 000 de ,s ,tm,;l,m?„ pme" om, - 4s2oss CEC 17 2009 lED FRolyl FcODE 07092 Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FCP-%551/jdeTEAM D CASTLE POINT MORTGAGE, INC. ? 6800 DEERPATH ROAD, SUITE 105 ELKRIDGE, MD 21075 i County of P.Q. CUMBERLAND r- PS Foim 3817, April 2007 PSN 7530-02-000-9065 ;,.??_ 1 TATf S' 02 ,M 0004282036 00 f?,/? 'c PO i?A ? 1f M ( MAILED FROM Zp'C C 17 200,9 07092 'Two +i m.t "vidw.?aeoo? m xWd n., eOm arm ro USM formMm. nhb form m., be =Z;W Scott A. Dietterick, Esquire jo Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FCP-96551/jde TEAM D ?" MERS, INC. AS NOMINEE FOR CASTLE POINT Posbmark a«r MORTGAGE, INC. -- PO BOX 2026 FLINT, MI 48501 -R County 'of P.Q.: CUMBERLAND PS Form 3817, Apii12007 PSN 7530-02-OW-9065 eta 4,AILED N TSMIT , 02 ,M lira Cerd&-of MAN prwids ni&-A dw mail bu been prsesed to UNSO rc '000428203 s and imernetimul mail. FROM ZIP$17 200.q Scott A. Dietterick, Esquire CODE o 7092 -c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FCP-9655 1/jde TEAM D TO: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 County of P.Q.: CUMBERLAND PS Forth 3817, April 2007 PSN 7530-02-000-9065 I i : :..........:........ iris Gr !-0f hrft Provide evldeeoe dot mail hu been Preastad to u3ii" for mad . ? aaaouienai malt Poslmatc Here 11 lift amns 021M .,01.1(0 IMMENW, 0004282036 DEC17 2009 MAILED FROM aPCppF 07092 Scott A. Dietterick, Esquire c% Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FCP-96551/jde TEAM D To- COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 County of P.Q.: CUMBERLAND Paslmrrl?xete i{ yr'an 1 4 n r.. ? w- PS Form 3817, April 2007 PSN 7530-02-000-9065 s 02 IM $ 01.100 0004282036 DEC 17 2009 MAILEDFROM ZPCODE 07092 Scott A. Dietterick, Esquire c% Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FCP-9655 1fide TEAM D Poftnark T' CUMBERLAND COUNTY DOMESTIC RELATIONS Hey . == = ?;? . OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 i; .:•. _, Carlisle, PA 17013 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 1 { ?Arrs+?s'O"?s ,t i 009 0004282036 07092 Gooe 02 1M DEC 1 Fftom 73P i1i Ca1?pOSarllrliy pmvidu.Yiaams w? mu7 b.. bxa pro?anad m i1SPS® ror maiM?, ad i..? mail P4, >dL.SERVIC Thb CatdlanotMdit povidas wWmma *u mail W bam p "m UWSG ft d ad naffallogol mail Scott A. Dietterick, Esquire c% Zucker, Goldberg & Ackerman, LLC , r - .? ?.N 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FCP-9655 1fide TEAM D T°c PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Poa°xm Dept. 280601 Harrisburg, PA 17128-0601 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 k ?r r MWI?aElfi?: TEE POSTAL SOW& 000 282036 ?01I 1009 MAILED FROIM ZIP CODE 07092 i TW cenl6eemdM@Bm aomda evidw= chef moil hu eea? pveeemed to UsrS 9 and ietane mml moil. Scott A. Dietterick, Esquire c% Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FCP-9655 1fjde TEAM D T" UNKNOWN TENANT OR TENANTS Pwlmaricxaie ?: 323 Barnstable Road Carlisle, PA 17013 /+^ f' County of P.Q.: CUMBERLAND , PS Form 3817, April 2007 PSN 7530-02-000-9065 `Y '?`?T I 02 1M $X7.100 0004282086 DEC 17 2009 ¦!? MAILED-FROUMCODE 07092 7fiieC'adfi?afM m5pmvidue4lemeflatmdlYsbean pmdedm[$PSOrormeifiag. etd intemetiopl ew'I. ilds! - Scott A. Dietterick, Esquire c% Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FCP-96551rde TEAM D 'O: UNKNOWN SPOUSE PemrowkH 323 Barnstable Road Carlisle, PA 17013 County of P.Q.: CUMBERLAND ' PS Form 3817, April 2007 PSN 7530-02-000-9065 Page 4 of 5 lk ,a . O.'POSMAL SEW m, mdi Rua $ Q',,',O? P1°"W°M1Od"""ob"e°°'pa?"dasoror 40'04282038 DEC 17 2009 02 1M Inc, Frur MAILED FROM ZPCODE 07092 Scott A. Dietterick, Esquire j _ _ c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FCP-9655 1rde TEAM D 7O: BAYVIEW LOAN SERVICING, L.L.C. 285 GRAND AVENUE SOUTHLAKE TX 16092 County of P.Q.: CUMBERLAND :.. u PS Form 3817, April 2007 PSN 7530-02400-9065 Page 5 of 5 C 9 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS REAL ESTATE SECURITIES, INC., CIVIL DIVISION Plaintiff, NO.: 2008-00315 vs. Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 UNKNOWN SPOUSE 323 Barnstable Road Carlisle, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 UNKNOWN TENANT OR TENANTS 323 Barnstable Road Carlisle, PA 17013 CASTLE POINT MORTGAGE, INC. 6800 DEERPATH ROAD, SUITE 105 ELKRIDGE, MD 21075 MERS, INC. AS NOMINEE FOR CASTLE POINT MORTGAGE, INC. PO BOX 2026 FLINT, MI 48501 BAYVIEW LOAN SERVICING, L.L.C. 285 GRAND AVENUE SOUTHLAKE TX 16092 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 Zucker, Goldberg & Ackerman, LLC FCP-96551 96551D1004CI2172009PI N . , . TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in: the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 On 03/03/2010 at 10:00am, the following described real estate which Anthony C. Petrone and Heather Petrone, his wife are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 323 Barnstable Road, Carlisle, PA 17013 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). Zucker, Goldberg & Ackerman, LLC FCP-96551 96551D1004C12172009P2 #"_. , r h Exhibit "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN CITY OF CARLISLE, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 204, PAGE 783, ID# 46-08-0583-097C, BEING KNOWN AND DESIGNATED AS: ALL THAT CERTAIN TRACT OF LAND SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 ALSO KNOWN AS BARNSTABLE ROAD, ON THE DIVIDING LINE BETWEEN LOT NO 2 AND 3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE, NORTH 48 DEGREES 29 MUINITES SECOND WEST 314.88 FEET TO A POINT; THENCE BY THE DIVIDING LINE BETWEEN LOT 3 AND 4 ON SAID PLANS OF LOTS, NORTH 51 DEGREES 38 MUINITES 22 SECONDS EAST 265.84 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 42 DEGREES 18 MUINITES 25 SECONDS EAST 277.69 FEET TO A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 AFORESSAID THENCE BY THE NORTHERN SIDE OF SAID ROAD, ON A CURVE TO THE LEFT HAVING A RADIUS OF 1364.58 FEET AN ARC DISTANCE OF 147.1 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 41 DEGREES 30 MINUTES 59 SECONDS WEST 85 FEET TO THE PLACE OF BEGINNING BEING LOT N03 ON THE SUBDIVISION PLAN OF THE GRANTORS, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 123; HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 323 BARNSTABLE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH RONALD L. LUDT AND BRENDA K. LUDT, HIS WIFE, BY DEED DATED JULY 23, 1999 AND RECORDED JULY 28, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 204, PAGE 783, GRANTED AND CONVEYED UNTO ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE. TAX MAP NO.: 46-08-0583-097C Zucker, Goldberg & Ackerman, LLC <<Field2»-<<Field l» <(Field 1 )>D 1004C02/ 12/2008P4 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 1 r L` S Smith of cutfl//gf( Jody Chief Deputy Edward L Schorpp Solicitor UBS Real Estate Securities Inc vs. Case Number Anthony Petrone (et al.) 2008-315 SHERIFF'S RETURN OF SERVICE 12/28/2009 10:52 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on December 28, 2009 at 1050 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Anthony Petrone, located at, 323 Barnstable Road, Carlisle, Cumberland County, Pennsylvania according to law. 01/15/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Heather Petrone, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Heather Petrone, property is vacant, defendant did not leave a forwarding address. 01/15/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Anthony Petrone, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Anthony Petrone, property is vacant, defendant did not leave a forwarding address. 03/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 3, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Scott Dietterick, on behalf of, Bayview Loan Servicing LLC, 285 Grand Ave 200, Southlake, TX, the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 983.71 SHERIFF COST: $983.71 May 10, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF x.00 r'l ` Cam. (& 70,51 AW aV/ 9/l fc) Count,Suite Shenff, 1P.leosdt, Inc. v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS Real Estate Securities, Inc., CIVIL DIVISION Plaintiff, NO.: 2008-00315 VS. Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 UBS Real Estate Securities, Inc., Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 323 Barnstable Road, Carlisle, PA 17013. 1. Name and Address of Owner(s) or Reputed Owner(s): ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE 323 Barnstable Road Carlisle, PA 17013 2. Name and Address of Defendant(s) in the Judgment: ANTHONY PETRONE A/K/A ANTHONY C. PETRONE 323 Barnstable Road Carlisle, PA 17013 HEATHER PETRONE 323 Barnstable Road Carlisle, PA 17013 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: UBS REAL ESTATE SECURITIES, INC. Plaintiff 4. Name and Address of the last record holder of every mortgage of record: Zucker. Goldberg & Ackerman. LLC PCP-965-5 l UBS REAL ESTATE SECURITIES, INC. Plaintiff MERS, INC. AS NOMINEE FOR CASTLE POINT MORTGAGE, INC. 6800 DEERPATH ROAD, SUITE 105 ELKRIDGE, MD 21075 AND PO BOX 2026 FLINT, MI 48501 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 323 Barnstable Road Carlisle, PA 17013 UNKNOWN SPOUSE 323 Barnstable Road Carlisle, PA 17013 Zucker, Goldberg & Ackerman. LLC, FCP-9655 1 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating4o unsworr ;fgsification to authorities. ZUCKER 1ff0LPWWft ACKERMAN, LLC Dated: November 3, 2009 BY: Scott A. i ttenck. Esa ' e: PA I.D. #55650 Kimberly Bonner, Esquire; PA.I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-96551 (908) 233-8500; (908) 233-1390 FAX Zucker. (ioldber° K Ackerman. LLC PCR96551 Exhibit "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN CITY OF CARLISLE, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 204, PAGE 783, ID# 46-08- 0583-097C, BEING KNOWN AND DESIGNATED AS: ALL THAT CERTAIN TRACT OF LAND SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 ALSO KNOWN AS BARNSTABLE ROAD, ON THE DIVIDING LINE BETWEEN LOT NO 2 AND 3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE, NORTH 48 DEGREES 29 MUINITES SECOND WEST 314.88 FEET TO A POINT; THENCE BY THE DIVIDING LINE BETWEEN LOT 3 AND 4 ON SAID PLANS OF LOTS, NORTH 51 DEGREES 38 MUINITES 22 SECONDS EAST 265.84 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 42 DEGREES 18 MUINITES 25 SECONDS EAST 277.69 FEET TO A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 AFORESSAID THENCE BY THE NORTHERN SIDE OF SAID ROAD, ON A CURVE TO THE LEFT HAVING A RADIUS OF 1364.58 FEET AN ARC DISTANCE OF 147.1 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 41 DEGREES 30 MINUTES 59 SECONDS WEST 85 FEET TO THE PLACE OF BEGINNING BEING LOT N03 ON THE SUBDIVISION PLAN OF THE GRANTORS, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 123; HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 323 BARNSTABLE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH RONALD L. LUDT AND BRENDA K. LUDT, HIS WIFE, BY DEED DATED JULY 23, 1999 AND RECORDED JULY 28, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 204, PAGE 783, GRANTED AND CONVEYED UNTO ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE. TAX MAP NO.: 46-08-0583-097C Zucker, Goldberg & Ackennan, LLC FCP-965;1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS Real Estate Securities, Inc., CIVIL DIVISION Plaintiff, vs. NO.: 2008-00315 Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVH. PROCEDURE 3129 Anthony Petrone a/k/a Anthony C. Petrone 323 Barnstable Road Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 03/03/2010 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 323 Barnstable Road, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2008-00315 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. Zucker, Goldberg & Ackerman, LLC FCP-96551 THIS PAPER IS A NOTICE OF THE TRAE AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17 87, before presentation of the petition to the Court. ZUCKE L 4 (i? & CKERMAN, LLC Dated: November 3, 2009 BY: Scott A. etten c, Esquir ; A I.D. #55650 Kimberl . Bonner, Esquire; PAID. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-96551 (908) 233-8500; (908) 233-1390 FAX PER ORDER OF COURT Zucker, Goldberg & Ackerman, LLC FCP-96551 Exhibit "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN CITY OF CARLISLE, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 204, PAGE 783, ID# 46-08- 0583-097C, BEING KNOWN AND DESIGNATED AS: ALL THAT CERTAIN TRACT OF LAND SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 ALSO KNOWN AS BARNSTABLE ROAD, ON THE DIVIDING LINE BETWEEN LOT NO 2 AND 3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE, NORTH 48 DEGREES 29 MUINITES SECOND WEST 314.88 FEET TO A POINT; THENCE BY THE DIVIDING LINE BETWEEN LOT 3 AND 4 ON SAID PLANS OF LOTS, NORTH 51 DEGREES 38 MUINITES 22 SECONDS EAST 265.84 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 42 DEGREES 18 MUINITES 25 SECONDS EAST 277.69 FEET TO A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 AFORESSAID THENCE BY THE NORTHERN SIDE OF SAID ROAD, ON A CURVE TO THE LEFT HAVING A RADIUS OF 1364.58 FEET AN ARC DISTANCE OF 147.1 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 41 DEGREES 30 MINUTES 59 SECONDS WEST 85 FEET TO THE PLACE OF BEGINNING BEING LOT N03 ON THE SUBDIVISION PLAN OF THE GRANTORS, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 123; HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 323 BARNSTABLE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH RONALD L. LUDT AND BRENDA K. LUDT, HIS WIFE, BY DEED DATED JULY 23, 1999 AND RECORDED JULY 28, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 204, PAGE 783, GRANTED AND CONVEYED UNTO ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE. TAX MAP NO.: 46-08-0583-097C Zucker, Goldberg & Ackennen, U-C FCP-96551 t. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UBS Real Estate Securities, Inc., : CIVIL DIVISION Plaintiff, : NO.: 2008-00315 VS. Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Heather Petrone 323 Barnstable Road Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 03/03/2010 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 323 Barnstable Road, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2008-00315 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Anthony Petrone a/k/a Anthony C. Petrone; Heather Petrone A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Zucker, Goldberg & Ackerman, LLC FCP-96551 information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Qne Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. Zucker, Goldberg & Ackerman, LLC FCP-96551 3. - A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentati of the p i ipp to the Court. ZUCKERj0O1LDMMQ & ACKERMAN, LLC Dated: November 3, 2009 BY. I Scott A. etterick, Esqu' e, PA I.D. #55650 Kimberly A. Bonner, Esquire; PAID. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-96551 (908) 233-8500; (908) 233-1390 FAX PER ORDER OF COURT Zucker, Goldberg & Ackerman, LLC FCP-96551 Exhibit "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN CITY OF CARLISLE, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 204, PAGE 783, ID# 46-08- 0583-097C, BEING KNOWN AND DESIGNATED AS: ALL THAT CERTAIN TRACT OF LAND SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 ALSO KNOWN AS BARNSTABLE ROAD, ON THE DIVIDING LINE BETWEEN LOT NO 2 AND 3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE, NORTH 48 DEGREES 29 MUINITES SECOND WEST 314.88 FEET TO A POINT; THENCE BY THE DIVIDING LINE BETWEEN LOT 3 AND 4 ON SAID PLANS OF LOTS, NORTH 51 DEGREES 38 MUINITES 22 SECONDS EAST 265.84 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 42 DEGREES 18 MUINITES 25 SECONDS EAST 277.69 FEET TO A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 AFORESSAID THENCE BY THE NORTHERN SIDE OF SAID ROAD, ON A CURVE TO THE LEFT HAVING A RADIUS OF 1364.58 FEET AN ARC DISTANCE OF 147.1 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 41 DEGREES 30 MINUTES 59 SECONDS WEST 85 FEET TO THE PLACE OF BEGINNING BEING LOT N03 ON THE SUBDIVISION PLAN OF THE GRANTORS, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 123; HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 323 BARNSTABLE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH RONALD L. LUDT AND BRENDA K. LUDT, HIS WIFE, BY DEED DATED JULY 23, 1999 AND RECORDED JULY 28, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 204, PAGE 783, GRANTED AND CONVEYED UNTO ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE. TAX MAP NO.: 46-08-0583-097C Zucker, Goldberg & Ackennan, 1.1-C FCP-96551 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBEAAND) NO 08-315 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UBS REAL ESTATE SECURITIES, INC., Plaintiff (s) From ANTHONY PETRONE a/k/a ANTHONY C. PETRONE; HEATHER PETRONE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $205,782.03 L.L. Interest from 3/28/08 to Date of Sale -- $50,398.00 Atty's Comm % Due Prothy $2.00 Atty Paid $1,152.31 Other Costs Plaintiff Paid Date: 11/5/09 urtis R. Lon t on wry (Seal) By: REQUESTING PARTY: Name: JOEL ACKERMAN, ESQUIRE Address: ZUCKER, GOLDBERG & ACKERMAN, LLC 200 SHEFFIELD STREET, SUITE 301 MOUNTAINSIDE, NJ 17092 Attorney for: PLAINTIFF Telephone: 908-233-8500 Deputy Supreme Court ID No. 202729 Jol-eutpiooa a}'elsg juad :Xg 600Z `SZ JQqutanoN :ajl9Q •uta.Iau paIL'.todtoaut aauampi sigj ,?q pur iijm slgl gjjm pajU «V„ jigiuxg uo paquasap flint a-ow `ajsijt,D `puo-d ajgLIsuiug £U paaaguznu puL, umoux 'Vd `AlunoD pu-ejjaguznD `dttjsumos, oiogsuuad jsoA? ut paluruis Ap;)doid juw all ui lsonjui s,luvpuajap aul uodn painat jjiiauS aril 60OZ SZ xDgLuanoM up c C, x \ i .The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 )% if Ely ?latrlotolikews Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County arid State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever :since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true:: and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/22/10 G / Sworn-th And subscribed before me.this 24 day of February, 2010 A.D. X _ Notary Public COMMONWEALTH OF PENNSYLVANIA F-- Notariap Seal Sherrie i_. Kisner, *ri tary Public t City Of Harrisburg, Dauphin County Commission Evires Nov. 26, 2011 Member, Pennsylvania Association of Notaries 01/29/10 02/05/10 Docket Number: 2008-315 Civil Term UBS Real Estate Securities Inc VS. Anthony Petrone a/k/a Anthony C. Petrone Heather Petrone Atty: Scott Dietterick ALL THAT PARCEL OF LAND IN CITY OF CARLISLE. CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE DULLY DESCRIBED iN DEED BOOK 204, PAGE 783, ID# 46 0583-097C, BEING KNOWN AND DESIGNATED AS: ALL THAT CERTAIN TRACT OF LAND SITUATE N WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 ALSO KNOWN AS BARNSTABLE ROAD, ON THE DIVIDING LINE BETWEEN LOT NO 2 AND ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE, NORTH 48 DEGREES 29 MUINITES SECOND WEST 314.88 FEET TO A POINT: THENCE BY THE DIVIDING LINE BETWEEN LOT 3 AND 4 ON SAID PLANS OF LOTS, NORTH 51 DEGREES 38 MUINITES 22 SECONDS EAST 265.84 FEET O A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 42 DEGREES 18 MUINITES 25 SECONDS EAST 277.69 FEET TO A POINT ON THE NORTHERN SIDE OF TOWNSHIP ROAD NO 447 AFORES SAID THENCE BY THE NORTHERN SIDE OF SAID ROAD, ON A CURVE TO THE LEFT HAVING A RADIUS OF 1364.58 FEET AN ARC DISTANCE OF 147.1 FEET TO A CONCRETE MONUMENT; THENCE BY THE SAME, SOUTH 41 DEGREES 30 MINUTES 59 SECONDS WEST 85 FEET TO THE PLACE OF BEGINNING BEING LOT N03 ON THE SUBDIVISION PLAN OF THE GRANTORS, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 32, PAGE 123; HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 323 BARNSTABLE ROAD, CARLISLE, PA, 17013_ BEING THE SAME PREMISES WHICH RONALD L. LUDT AND BRENDA K. LUDT, HIS WIFE, BY DEED DATED JULY 13. 1999 AND RECORDED JULY 28, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 201. PAGE 783, GRANTED AND CJNVEYED UNTO ANTHONY C. PETRONE AND HEATHER PETRONE, HIS WIFE. TAX MAP NO.: 46-08-0583-097C PROPERTY ADDRESS: 323 Barnstable Road. Carlisle, PA 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 22, January 29, and February 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r sa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 5 day of February, 2010 Notary % ENOTARIAL SEAT. RAH A COLLINS otary public , CUMBERLAND COUNTY n Expires Apr 28, 2010 Writ No. 2008-315 Civil UBS Real Estate Securities Inc vs. Anthony Petrone a/k/a Anthony C. Petrone Heather Petrone Atty: Scott Dietterick ALL THAT PARCEL of land in City of Carlisle, Cumberland County, State of Pennsylvania, as more fully described in Deed Book 204, Page 783, ID# 46 0583-097C, being known and designated as: ALL THAT CERTAIN tract of land situate n West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows; BEGINNING at a point on the northern side of Township Road No 447 also known as Barnstable Road, on the dividing line between Lot No 2 and 3 on the hereinafter mentioned plan of lots; Thence by said dividing line, North 48 degrees 29 muinites second West 314.88 feet to a point; Thence by the dividing line between Lot 3 and 4 on said plans of lots, North 51 degrees 38 muinites 22 sec- onds East 265.84 feet to a concrete monument; Thence by the same, South 42 degrees 18 muinites 25 seconds East 277.69 feet to a point on the northern side of Township Road No 447 afores said thence by the northern side of said road, on a curve to the left having a radius of 1364.58 feet an arc distance of 147.1 feet to a concrete monument; Thence by the same, South 41 degrees 30 minutes 59 seconds West 85 feet to the place of beginning being Lot No3 on the subdivision plan of the grant- ors, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 32, Page 123; having thereon erected a dwelling house being known and numbered as 323 Barnstable Road, Carlisle, PA, 17013. BEING THE SAME PREMISES which Ronald L. Ludt and Brenda K. Ludt, his wife, by deed dated July 23, 1999 and recorded July 28, 1999 in and for Cumberland County, Pennsylvania, in Deed Book Volume 204, Page 783, granted and conveyed unto Anthony C. Petrone and Heather Petrone, his wife. TAX MAP NO.: 46-08-0583- 0970. PROPERTY ADDRESS: 323 Barn- stable Road, Carlisle, PA 17013. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which BAYVIEW LOAN SERVICING LLC is the grantee the same having been sold to said grantee on the 3RD day of MARCH A.D., 2010, under and by virtue of a writ Execution issued on the 5TH day of NOV, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 315, at the suit of UBS REAL ESTATE SECURITIES INC against ANTHONY PETRONE AKA ANTHONY C PETRONE & HEATHER is duly recorded as Instrument Number 201011845. IN TESTIMONY WHEREOF, I have h reunto set my hand Cr% and seal of said office this A/ day of N -T , A.D. o? 4 l? vi, 9, o ou??,M chi i??04 M011?M?L