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HomeMy WebLinkAbout08-3876McCABE, WEISBERG AND CONWAY, P.C. BY: ? TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans, Inc. 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 V. David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 and Melinda R. Wevodau 625 Tower Road Enola, Pennsylvania 17025 Attorneys for Plaintiff Cumberland County Court of Common Pleas 6 Number Q$ - 38'7 aiV- CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Countrywide Home Loans, Inc., a corporation duly organized and doing business at the above captioned address. 2. The Defendant is David A. Wevodau, who is one of the mortgagors and real owner of the mortgaged property hereinafter described, and his last-known address is 625 Tower Road, Enola, Pennsylvania 17025. 3. The Defendant is Melinda R. Wevodau, who is one of the mortgagors of the mortgaged property hereinafter described, and her last-known address is 625 Tower Road, Enola, Pennsylvania 17025. 4. On February 6, 2004, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as Nominee for Superior Home Mortgage Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1855, Page 898. 5. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc., as Nominee for Superior Home Mortgage Corporation to Countrywide Home Loans, Inc., by Assignment of Mortgage which will be duly recorded in the Office of the Recorder of Cumberland County. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 625 Tower Road, Enola, Pennsylvania 17025. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due February 1, 2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following amounts are due on the mortgage: Principal Balance Interest through June 23, 2008 (Plus $17.94 per diem thereafter) Attorney's Fee Late Charges Corporate Advances $ 120,171.68 $ 3,139.50 $ 1,250.00 $ 178.50 $ 15.00 GRAND TOTAL $ 124,754.68 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $124,754.68, together with interest at the rate of $17.94 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY??? Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ?i -6Qff7 R ,P or DeEDs OUNTY-q 01 FEB e6 pn 2 ?9 WHEN RECORDED RETURN TO: SUPERIOR HOME MORTGAGE CORPORATION 245 BELLEVUE AVENUE KhMONTON, NJ 08037 I 810 0054 [Space Above This Line For Recording Data] MORTGAGE NWODAII LOAN NUMBERs 133-02463 DEFINITIONS MINs 100058500133024636 DIN #s09-12-2990-017 Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated FEBRUARY 6, 2004 together with all Riders to this document. (B)"Borrower"is DAVID A. WEVODAU AND MELINDA R. WEVODAU, HUSBAND AND WIFE Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERE is the mortgagee -under this Security Instrument. MFRS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, W 48501-2026, tel. (888) 679-MERS. (D) "Lender" is SUPERIOR HOME MORTGAGE CORPORATION Lender is a CORPORATION organized and existing under the laws of NJ Lender's address is 518 BRIDGE STREET NEW CUMBERLAND, PA 17070 (E) "Note" means the promissory note signed by Borrower and dated FEBRUARY 6, 2004 The Note states that Borrower owes Lender ONE HUNDRED TWENTY-SEVEN THOUSAND FIVE HUNDRED AND 00/100 Dollars(U.S.$ 127,500.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than MARCH 1, 2034 . (I) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." PENNSYLVANIA-Single Family-Fannie MadFroddle Mac UNIFORM INSTRUMENT Form 30391/01 a Iol 12 Pa$es D0 06NPU.VTB 09/20/2003 QK 1.8 5 5 PG 0 8 9.8- EXHIF A a e r 133-02463 `" A(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: C] Adjustable Rate Rider ? Condominium Rider ? Second Home Rider n Balloon Rider ? Planned Unit Development Rider ? Biweekly Payment Rider [] 1-4 Family Rider ? Other(s) [specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non appealable judicial opinions. (3) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for. (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (1) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a `Tederally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken. title to -the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS 1N THE PROPERTY This Security Instrument secures to Lender. (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in the COUNTY of CUMBERLAND (Type of Recording Jurisdiction) (Name of Recording Jurisdiction) which currently has the address of 625 TOWER ROAD [Street] TWP. OF EAST PENNSBORO , Pennsylvania 17025 ("Property Address'. [City] [Zip Codd] LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. PENNSYLVANIA-Single Family-Faanle Mae/Freddie Mae UNIFORM INSTRUMENT Form 30391/01 DOCOIPA2 (Page 2 of 12 pages) DOCMA2.VTX 09/29/2003 nuI855PG0899 L . 9 133-02463 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter it part of the property. All replacements and additions shall also be covered by this Security Instrument: All of the foregoing is referred to in thii Security Instrument as the "Property." Borrower understands and agrees that bMS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MFRS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER. COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also. pay fiords for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender. (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such ft ids or return them to Borrower. If not applied earlier, such fiords will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full paypient of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds') to provide for payment of amounts due for. (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance PENNSYLVANIA-Single Famfly-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 30391101. DOCUXPA3 (Page 3 of 12 pages) DOCO PA3.VTX 09/26/2003 BK1855PG0900 b i * s' 133-02463 required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These-items are called "Escrow Items" At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly feunish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall finnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be. required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dins, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days. of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set-forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be PENNMVAMA-Single Family-Faunte Mae/Freddie Mae UNIFORM INSTRUMENT Form 30391!01 DOCUKPA4 (Page 4 of 12 pages) DOMPACV= 09126/2003 U111855PG01910I It IL 133-01463 maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services, or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include- a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the•sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. if Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. ff Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event ,or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instilment, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property;. Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether qx not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released PENNMVAMA-Single Family4annie MaaWmddie Mae'UMORM INSTRUMENT Form 30391/01 DOCURMn3 (Page S of 12 pages) DOCUXPAJ.V= 09/26/2003 QK I 855PG0902 ! J 133-02463 proceeds for such purposes. Lender may disburse proceeds for the repairs andrestoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of alien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court;, and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate fiom the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the, ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of maldng the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately desighated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain than payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non- refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and; Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. PENIQMVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 36391/01 noctucrA6 (Page 6 of 12 pages) W=PA6.vr1 09/26/2003 SK1.855PG09,03 T J' 133-02463 These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinswer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance" Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shallbe paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers-to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Leader's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01 aoCUKPA7 (Page 7 of 12 pages) V0CWh7.V= 09/29/2003 MR *!El 55-PG090.4 133-02463 All Miscellaneous Proceeds that are not applied to restoration -or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument Wanted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13: Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer'): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured. by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument. in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns ofLender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refimd by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This•Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3039 U01 DOCUKPAS (page 8 of l2pagft) D0CW1,e.T= 09/26/7007 BK I 855PG09-05 ,r R, ? +P 133-02463 Instrunent or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in thb singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title.by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security, Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including; but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument; and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender. (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in, the entity (known as the "Loan Servicer') that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any. judicial action (as either an individual litigant or the number of a class) that arises from the other party's actions pursuant to -this Security Instrument or that alleges that the other party has breached any provision of; or any duty owed by reason of, this Security Instrument; until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach arid- afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. PBNNSY3.VANIA-Sin& Fam1br.-Fannie Mae/Freddie MacUNIFORM INSTRUMENT Form 30391/01 noearcPn9 (Page 9 of 12 pages) DOCMA9.VTZ 99/26/2003 BK 1.855PG09'0 6 t r" • s d• 133-02463 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance withEnvironmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable low provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding. and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred In pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption 25. Reinstatement Period. Borrower's time to reinstate provided in .Section 19 shall. extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment, is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA-Single Family-Fannie Mae/Freddle We UNIFORM INSTRUMENT Form 30391/01 nOCpxeeto (Page 10 of 12 pages) WCDU&&.VTX 09/20/2003 BK -t 6.55TG-0 907 w 133-02463 BY SIGHING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. - ?a . o. 2-?-ov R'R•OWJBR - DAVID A. WEVODAU - DATE - BORROWER - MELINDA R. WEVODAU - DATE - PENNSYLVANIA-Single Family-Fannie MaeWreddie Mae UNIFORM INSTRUMENT Form 3039 U01 DOCLJKpAII (Page II of J2 pages) DOCMAa.VTX 09/26/1003 BAt8 5.5PG8.9-.18 y ;k 133-02463 [Space Below This Line For Acknowledgment] Commonwealth ofN vroV ouuty of cam. On this the Wday of ?'- bN Ct1) ,before me, (,? ata? t- the undersigned officer, nakly appeared . U,)e v ooLa,, d-- 'RAv4,- R... VW oaao-- known to me (or satisfactorily proven) to be the person(s) whose names Q\%Q subscribed to the, within instrument and acknowledged that executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand official seal. NOTARIAL. SEAL u??c Mao Van ? d CO. Title of Officer try Ctlmbeiland [IOtO.f?' ?, 5,7.E ply Colmn ? My Commission Expires: CERTIFICATE OF RESIDENCE: I do hereby certify that the correct address of the within-named lender is 245 BELLEVUE AVPXUE, HANKONTON, NJ 08037 witness my hand this 6TH day of FEBRUARY, 2004 r Agent PENNSYLVANIA--Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT (Page pages) D0C=AAC12V= 00/28/2001 Form 3039 I101 OK 1.8555 PG4 9.0.9 ? w y t R 3 g y c LEGAL DESCRIPTION 6EGIN*ING AT A POINT IN THE CENTER OF TAE LOINTAIN `ROAD, ALSb KNOWN AS THE MILLERS `5 f GAP ROAD, ONE HIIMDRED EIGHTY-FIVE (185) FEET SOUTH -OF THE' SOUTHEAST CORNER OF LANDS N041 OR FORMERLY OF GROVER KAUFFMAN AND NINE HUNDRED FIFTY-TWO AND -ONE TENTH (952.1) FEET NORTH OF AM IROM PIPE AT THE 1NTERSECT(ON OF SAID kom Atli) THE STATE HIGHWAY LEADING FROM SUMMEROALE TO WERTZVILLE;'THENCE ALONG FHE CENTER LINE OF SAID MOUNTAIN ROAD ALSO KNOWN AS THE MILLER'S GAP ROAD SOUTH TWENTY-0N£ (21) DEGREES THIRTY (30+y MINUTES EAST FOR A 013TANCE OF ONE HUND- RED TEN (110) FEET TO A POINT; THENCE ALONG OTHER LANDS OF THE GRANTORS HEREIN A SOUTH- WESTWARDLY DIRECTION FAR A- DISTANCE OF FOUR HUNDRED THI&Y-FIVE (435) FEET, MORE OR LESS, 1 TO LANDS NOV1 OR FORMERLY OF JOSEPH INTRIERA; THENCE NORTH THIRTEEN (13) DEGREES TWENTY- EIGHT (28) MINUTES WEST aY LANDS N O# OR F611LIERLY OF JOSEPH INTRI ERI FOR A DISTANCE OF + NINETY (90) FEET TO A POINT AT OTHER LANDS OF THE GRANTORS; THENCE NORTH. SIXTY-FIVE (65) 1 DEGREES TWENTY-THREE, (23) MINUTES EAST BY OTHER LANDS OF THE GRANTORS' FOR A DISTANCE OF + i FOUR HUNDRED TWENTY {420) FEET, MORE OR LESS, TO A POINT rAND .THE .PLACE OF BEGINNING. 1 _ .. r... ...- ., r4. ... • • . - ..... _. BEING THE SAME PREMISES which David T. Jacobs, Robert L. Jacobs and Lawrence S. Jacobs, executors of the Estate of Nelma Jacobs, by their Deed dated May 30, 2000 and recorded June 2, 2000 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 222 at page 623, granted and conveyed unto David A. Wevodau and Melinda R. Wevoda-*wsgoxWT6e.6rd8ap1e, Mortgagors herein. .;?i;td County PA Bit t 8 5.5 PG0 g.1. •0 Recorder of Deeds ru D 4 .:J -TI e. n 4 i CA "G CASE NO: 2008-03876 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS WEVODAU DAVID A ET AL MICHELLE GUTSHALL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WEVODAU MELINDA R the DEFENDANT , at 2004:00 HOURS, on the 22nd day of July 2008 at 38 NATHAN DRIVE ENOLA, PA 17025 by handing to MELINDA WEVODAU a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge '7/.? S/08 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscibed to before me this day So Answers: ;k- ?eovll F P R. Thomas Kline 07/23/2008 MCCABE WEISBERG CONWAY By. _ eputy Sheriff of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03876 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS WEVODAU DAVID A ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT WEVODAU MELINDA R but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 625 TOWER ROAD NOT FOUND , as to WEVODAU MELINDA R ENOLA, PA 17025 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS Sheriff's Costs: Docketing Service Not Found Surcharge ?/.)3108 ? So answer ,5,,.? 6.00 .00 5.00 Y Thomas Kline 10.00 Sherif of Cumberland County .00 21.00 MCCABE WEISBERG CONWAY 07/23/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03876 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS WEVODAU DAVID A ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT WEVODAU DAVID A but was unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , He therefore returns the NOT FOUND , as to the within named DEFENDANT WEVODAU DAVID A 38 NATHAN DRIVE ENOLA, PA 17025 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 7/?s/off ?,. ? 6.00 So answers 4 15.00 5-?- ' 1/?t; 5.00 lb R Thomas Kline 10.00 ff of Cumberland County .00 36.00 MCCABE WESIBERG CONWAY 07/23/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-03876 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS WEVODAU DAVID A ET AL STEVE BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WEVODAU DAVID A the DEFENDANT , at 1720:00 HOURS, on the 2nd day of July 2008 at 625 TOWER ROAD ENOLA, PA 17025 by handing to DAVID WEVODAU 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 15.00 Affidavit .00 Surcharge 10.00 .00 7/d5?d8 43.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 07/23/2008 MCCABE WEISBERG CONWAY By. -?: ? J/x Deputy Sheriff A. D. McCABE, WEISBERG AND CONWAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790 - 1010 Countrywide Home Loans, Inc. 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 V. David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 and Melinda R. Wevodau 625 Tower Road Enola, Pennsylvania 17025 Attorney for Plaintiff Cumberland County Court of Common Pleas Number 08-3876 Civil Term MOTION TO AMEND CAPTION AND FOR DISCONTINUANCE AS TO DEFENDANT MELINDA R. WEVODAU 1. On February 6, 2004, Defendants David A. Wevodau and Melinda R. Wevodau entered into a mortgage loan agreement pursuant to which they made, executed and delivered to a note and mortgage to Mortgage Electronic Registration Systems, Inc. as Nominee for Superior Home Mortgage Corporation upon premises commonly known as 625 Tower Road, Enola, Pennsylvania 17025. 2. Subsequently the mortgage and note were sold and assigned to Plaintiff, Countrywide Home Loans, Inc. 3. After the loan went into default, it was referred to Plaintiff's counsel to start an action in foreclosure. 4. At the time that the complaint in foreclosure was started, Plaintiff's counsel was not aware of the following facts: • David A. Wevodau and Melinda R. Wevodau had divorced. • David A. Wevodau and Melinda R. Wevodau entered into an agreement with Plaintiff that resulted in a transfer of Melinda R. Wevodau's interest in the property to David A. Wevodau, so that he became sole owner. • the agreement is titled "Assumption Agreement with Release of Liability," a copy of which is attached as Exhibit "A" along with a copy of a transmittal letter to Defendants. The letter states, in part, that the "seller" (defined as Melinda R. Wevodau in the Assumption Agreement) "... is hereby released of any financial obligations arising in connection with the security instruments executed on the referenced loan. No deficiency judgment will be taken against the seller should the mortgage covering the subject property be foreclosed on." • The Assumption Agreement itself released Melinda R. Wevodau from all obligation arising under the note and mortgage, and David R. Wevodau agreed to assume all of the obligations arising under the loan documents including, the note and mortgage. 5. Accordingly, Melinda R. Wevodau should never have been named as a party to the complaint in foreclosure. 6. Pennsylvania Rule of Civil Procedure 1033 states in its pertinent part: "a party... by leave of Court, may at any time change the form of action, correct the name of a party or amend his pleading ...an Amendment may be made to conform the pleading to the evidence offered or submitted." and Pennsylvania Rule of Civil Procedure 229(b)(1) states in its pertinent part: "... a discontinuance may not be entered as to less than all defendants except ... or leave of court after notice to all parties." (emphasis added) 7. Accordingly, plaintiff seeks leave of court to amend the caption of this matter to remove the name Melinda R. Wevodau and to discontinue Melinda R. Wevodau as a party defendant. WHEREFORE, Plaintiff requests that this Honorable Court grant Plaintiff's Motion to Amend Caption to remove the name Melinda R. Wevodau from the caption and to discontinue her as a party defendant, and to direct the Prothonotary to amend the caption in accordance with the Order. By: bin, Esquire for Plaintiff MCCABE, WEISBERG AND CONWAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790 - 1010 Countrywide Home Loans, Inc. 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 V. David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 and Melinda R. Wevodau 625 Tower Road Enola, Pennsylvania 17025 Attorney for Plaintiff Cumberland County Court of Common Pleas Number 08-3876 Civil Term MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO AMEND CAPTION AND FOR DISCONTINUANCE AS TO DEFENDANT MELINDA R. WEVODAU Pennsylvania Rule of Civil Procedure 1033 states in pertinent part: "a party... by leave of Court, may at any time change the form of action, correct the name of a party or amend his pleading ...an Amendment may be made to conform the pleading to the evidence offered or submitted." and Pennsylvania Rule of Civil Procedure 229(b)(1) states in pertinent part: "... a discontinuance may not be entered as to less than all defendants except ... or leave of court after notice to all parties." (emphasis added) It is well settled under Pennsylvania case law that the decision to grant or deny permission to amend a pleading is a matter of judicial discretion. See Pilotti v. Mobil Oil Corp., 565 A.2d 1227, 1229 (Pa. Super. 1989); Schroeder v. Acceleration Life Ins., 547 A.2d 1184, 1185 (Pa. Super. 1988). Amendments are to be liberally allowed at any stage of the proceedings "in order to secure a determination of cases on their merits." Schroeder, ibid at 1185. Therefore, a petition to conform or amend a pleading should be disallowed only where surprise or prejudice to the adverse party would result. See Pilotti, supra at 1229. In this instance, Plaintiff seeks only to amend the caption of this matter to remove the name of party defendant Melinda R. Wevodau, and also to discontinue her as a party defendant. Since the only other defendant is David A. Wevodau, and he has been properly served with a copy of this motion, no surprise or prejudice will result to him if the motion is granted. Additionally, David A. Wevodau was a party to the Assumption Agreement (with Limitation of Liability) in which it was agreed that: (i) Melinda R. Wevodau's interest in the property would be conveyed to David A. Wevodau; (ii) David A. Wevodau would accept the property under and subject to the mortgage and be responsible for all obligations arising under the loan documents; and (iii) Melinda R. Wevodau would be released from the same. This motion is consistent with the Assumption Agreement and the intention of Plaintiff and all Defendants. Accordingly, it is submitted that Plaintiffs Motion to Amend Caption to remove Melinda R. Wevodau and to discontinue her as a Defendant should be granted, and the Prothonotary should be directed to amend the captions to reflect the fact that Melinda R. Wevodau is not a party defendant. WHEREFORE, Plaintiff requests that this Honorable Court grant Plaintiff's Motion to Amend Caption to remove the name Melinda R. Wevodau from the caption and to discontinue her as a party defendant, and to direct the Prothonotary to amend the caption in accordance with the Order. Respectful lyjubmi By: bin, Esquire for Plaintiff VERIFICATION The undersigned, Frank Dubin, hereby certifies that he is familiar with the matters set forth in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. EXHIBIT "A" ECOU. Loan No. 043428925 Property Address: 625 TOWER ROAD ENOLA•, PA 17025 ASSUMPTION AGREEMENT WITH PJUMSB OF LIABILITY M This Agreement is dated , . The undersigned ("Purchaser") has purchased or desires to purchase that real property ("the Property") described in the Deed of Trust, Mortgage or Deed to Secure Debt ("Mortgage") datedbj6\\ 10 _ ,Wed onZ4 X-IaAi 21W . in the Recorder's Office of , State 10. -I&PI(I , in Book , Page No. Instnrument No. Mortgage secures the yment of the Promissory Note entered into by ("Borrower/Sellee) in favor of ("Lender"), da 212&in the principal m of $ ("Note"). As part of the purchase prige for the Property, Purchaser has agreed to assume and pay the indebtedness evidenced by the Note, the present unpaid principal balance of which is $! Borrower/Seller hereby assigns transfers to Purchaser all right, title and interest to all monies held on hand or forthcoming in the escrow account maintained by Lender for the periodic payment of real estate taxes, insurance premiums, and other applicable charges. In the event any rpfirnd is received of monies previously paid from said escrow account, the refund will be redeposited into the account. It is hereby agreed that the present balance of the account is $ ?r) . kQ . In consideration of Lender's consent to the transfer of the Property to Purchaser, Purchase hereby assumes and agrees to pay the indebtedness evidenced by the Note and to be bound by and to perform all the terms, conditions, and covenants of the Note, Mortgage, and any addendp thereto at the time and in the manner provided therein. The terms, conditions and covenants of said Note, Mortgage and addenda thereto shall remain in full force and effect without changes. Lender hereby waives its right to exercise the option to accelerate the debt with respect to this sale or transfer of the Property to Purchaser as contained in the Mortgage, and pursuant to said Mortgage, releases Borrower/Seller from all obligations under said Mortgage, the Note, and all addenda thereto. This waiver is made solely for the benefit of Purchaser and is not a waiver by Lender of any rights undo' said Mortgage, the Note, and all addenda thereto, in the event of any subsequent sale or transfer of the Property. AumpSm g um t wM RW. of u.bstty l Xd) z Maw: im ' N2C355- LOAN #: 043426925 ?fd4-22zf yGa .see- /?!Q( COUNTRYWIDE HOME LOANS, INC. aAwaeller 5AP-1i Wda ev y: ftthaacr 6, -(:\ .- V)evcdau Forwarding addressomm*=wseller 3' 84-1-44m P V c, ?ao6Ar Pfd 17Q?t.s Mailing address of Purchaser (2o1 S 'TD-t-Pr 2d . E nix , J1 State or California } County or ?. on before me, personally appeared. personally known to me (or proved to me on the basis cteey-a subscribed to the within ipstrueent and aekrrub me that fiNhs cepaeity(ies), end that by?r? nSnmurc(s) on the instrument the person(s) acted, ex astrunent. Witness rgyeh d official seal. (This area for official notarial seal) Co to be the person(s) whose mate(s) is/are executed the same in hisAnbdtheir authorized iil(a).gLthe entity upon behalf of which the State of Q CIODS141 V&h i (Seal) On fAn L ? , Zoo (A , before me, the undersigned, personally appeared _'(UIzr%d R. Ve0j'au known to meV (or proved the basis of satisfactory evidence) to be tie person(s) whose nameo)1s/aro subscribed to the within instrument and acknowledged to me that- he -executed the same. Name (typed or printed) N iS 1Kj1* L MW% N*q PUb1W WCattm*WcmB*Qa BQMay90.wy 2 Member, Pa wayWak AsscaMbn of NoWdea State of ?? nY?S.?`V,i h , On jNa°? 9' -, 2.WU , before me, the undersigned, personally appeared tgv? of A. tiev«lau known to me (or proved on the basis of satisfactory evidence) to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that M_ he -executed the same. Signatureoff? +! P ? Name (typed or COM n:VA printed) Kr;sjN If'l aro !L Mh/ ow? Me ylweaooleAm of Nmoda FHNVAKDOW Assumpaeo ApnemodyAth Rdwke d Usb ty 20366415 (06W) Page 2 d 2 DATE: 05/26/2006 Melinda R Wevodau 38 Nathan Drive Enola, PA 17025 Loan: # 43428925 Property Address: 625 TOWER ROAD ENOLA, IPA 17025 Dear Melinda R Wevodau: we are pleased to inform you that the above referenced loan assumption has been completed. The credit of the purchaser (19) has been examined and approved. The seller is hereby released of any financial obligations arising in connection with the security instruments executed on the above referenced loan. No deficiency judgment will be taken against the seller should the mortgage covering the subject property be foreclosed on. Sincerely, Anabel Mardros Assumptions Department Post Closing Services Cc! DavId ,A Wevodau 625 Tower Road Enola, PA 17025 Mailing 4100 Countrywide Wary 95V-31A Simi Valley, CA 91065-6298 McCABE, WEISBERG AND CONWAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790 - 1010 Countrywide Home Loans, Inc. 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 V. David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 and Melinda R. Wevodau 625 Tower Road Enola, Pennsylvania 17025 Attorney for Plaintiff Cumberland County Court of Common Pleas Number 08-3876 Civil Term CERTIFICATION OF SERVICE I, Frank Dubin, Esquire, hereby certify that a true and correct copy of the within Motion to Amend Caption and for Discontinuance as to Defendant Melinda R. Wevodau pertaining to the above-captioned matter was served on July 29, 2008, by first-class mail, postage prepaid, upon the following: David A. Wevodau Melinda R. Wevodau Melinda R. Wevodau 625 Tower Road 625 Tower Road 38 Nathan Drive Enola, PA 17025 Enola, PA 17025 Enola, PA 17025 Date: July 29, 2008 in, Esquire r-.3 p. ,? r,...? `..... ? .a4'k _ Yl ..:_ i „.. (. ,.? K r ._ _ 1 ;w7 ,fit r"'° ;?, -_ , X,. COUNTRY HOME LOANS, INC. 1800 TAPO CANYON ROAD MAIL STOP #SV-103 SIMI VALLEY, CA 93063, Plaintiff V. DAVID A. WEVODAU and MELINDA R. WEVODAU, 625 TOWER ROAD ENOLA, PA 17025, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 08-3876 CIVIL TERM ORDER OF COURT AND NOW, this 8 h day of August, 2008, upon consideration of Plaintiff s Motion To Amend Caption and for Discontinuance As to Defendant Melinda R. Wevodau, a Rule is hereby issued upon David A. Wevodau and Melinda R. Wevodau, to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of the date of this order. BY THE COURT, Frank Dubin, Esq. Cabe, Weisberg and Conway, P.C. Suite 2080 123 South Broad Street Philadelphia, PA 19109 J Attorney for Plaintiff avid A. Wevodau 625 Tower Road Enola, PA 17025 Defendant, pro Se V1,u\,!tt 1v;1}f+} J Lf Nno 1:2 Wd 8- v 8oo1 AdViU \lC)HlQdd :*U d0 30 LJ40-?MIW (Melinda R. Wevodau 625 Tower Road Enola, PA 17025 Defendant, pro Se :rc A McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans, Inc. Plaintiff V. David A. Wevodau Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 08-3876 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 06/24/08 to 08/28/08 Total $ 124,754.68 $ 1,184.04 $ 125,938.72 W TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff AND NOW, thisay of , 2008, Judgment is entered in favor of Plaintiff, Countrywide Home Loans, Inc., and against Defendants, David A. Wevodau, and damages are assessed in the amount of $125,938.72, plus interest and costs. BY THE 0THONOTARY: • McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans, Inc. Plaintiff V. David A. Wevodau i Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 08-3876 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. The undersigned, being duly sworn according to law, deposes and says that the Defendants, David A. Wevodau , are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendants, David A. Wevodau , are over eighteen (18) years of age, and reside as follows: David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 SWORN AND SUBSCRIBED BEFORE ME THIS of DAY OF 2008 OTARY PUBLIC f,.. . 'i?.? ?SkAL GL OSiA D. l0;'ICNELL, Notary Public City of Phuadelphia, Phila. County My Commission Expires June 2, 2011 "WaA.(_ A ' TERRENCE J. McC E, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff do McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans, Inc. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 08-3876 AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANTS The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing addresses of the Defendants are: David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 SWORN AND SUBSCRIBED BEFORE E THIS JI"DAY OF , 2008, C%1?lP?C? OTARY PUBLIC CO." M99ONVIrALTH OF PENNSYLVANIA bR)TARIAL SEAL ,L??•?,,? ?. ,v°?T? ;Nr?± L, Ut?tary Public L?`u Of Phila. C.aarty 1 ly u: ^3,, iol drn es June 2, 2011 TERRENCE J. Mc ABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff h McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans, Inc. Plaintiff V. David A. Wevodau Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 08-3876 CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendants that judgment would be entered against them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN AND SUBSCRIBED BEFORE ME THIS _41ftAY OF , 2008 /V / •W[ G?uy OTARY PUBLIC t . SYLV:N!A m 4 a M?` r )?i {? '? a 1 e iary }-LblIv r' ,1r??0 is ?_ r rr TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff t Curt Long Prothonotary To: David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 Countrywide Home Loans, Inc. VS. David A. Wevodau and Melinda R. Wevodau August 12, 2008 Cumberland County Court of Common Pleas Number 08-3876 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST • YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUMO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACI6N ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACI6N ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRES McCAls?s 1 ERG, AND Ol'??, P.C. BY: Attorneys for Plaintiff 1. IF VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff ?? ?3 ? ? ? ? ??,r: ?:J ?'? -? ? ?; ? ?d ? ? ? - : . ,+ :? ? {-5`? r Y c~~ ? z? /?w? , ,s `"jam//{ S 0 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 Countrywide Home Loans, Inc. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. David A. Wevodau I No. 08-3876 Defendants NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. s Prothonotary X Judgment by Default - Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe. Weisberg and Conway P.C. at (215) 790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Countrywide Home Loans, Inc. V. David A. Wevodau FILE NO.: 08-3876 AMOUNT DUE: $125,938.72 INTEREST: from 8/29/2008 to 12/10/2008 $2,152.80 at $20.70 Per Diem ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or 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 or 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) 625 Tower Road, Enola, Pennsylvania 17025 (More fully described as 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 personalty list) and all other property of the defendant(s) in the possessioh, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: 5 dJ Signature: _ Wall Print Name: MCC ABE, EISBER AND CONWAY Address: 123 S. Broad Street Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 44- "?'s 9?s .. -fir " ? g' w -mac r„ w 0 ID W r w 1 "1 ?-`??r?'J' r-I Cie) 3 ' C- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3876 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From DAVID A. WEVODAU (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 $125,938.72 L.L. $.50 Interest FROM 8/29/08 TO 12/10/08 - $2,152.80 AT $20.70 PER DIEM Atty's Comm % Atty Paid $235.00 Plaintiff Paid Date: SEPTEMBER 3, 2008 (Seal) REQUESTING PARTY: Name MARC. S. WEISBERG, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY, P.C. 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Due Prothy $2.00 Other Costs Lcyuty Supreme Court ID No. 17616 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 1649E MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 3468-4 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans, Inc. Plaintiff V. David A. Wevodau Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 08-3876 AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 625 Tower Road, Enola, Pennsylvania 17025, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owner or Reputed Owner Name Address David A. Wevodau 625 Tower Road Enola, PA 17025 2. Name and address of Defendants in the judgment: Name Address David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4 5. 6. 7 Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 625 Tower Road Enola, Pennsylvania 17025 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales United States of America Domestic Relations Cumberland County United States of America 8. Name and address of Attorney of record: Name None Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. August 27, 2008 DATE //-)Mat4 ?"-44w? TE NCE J. McC E, ESQUI MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff _: ? S -? ? T'; ?, ? -., ? ? ?? f?? ! .? ? :.C d 1 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 08-3876 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 Your house (real estate) at 625 Tower Road, Enola, Pennsylvania 17025 is scheduled to be sold at Sheriffs Sale on December 10, 2008 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $125,938.72 obtained by Countrywide Home Loans, Inc. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Countrywide Home Loans, Inc. the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE -,-4. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 t'3 C ? ? µ`-> ???. f"? ? , ? f"7 ? ' . . ? i T7 ` t _? rra , { {?.. 1 Wes, ? ?+`yi ?>? 1 ... 0. .-.... ? LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, wit: BEGINNING at a point in the center of Mountain Road, also known as Miller's Gap Road, one hundred eighty-five (185) feet South of the Southeast corner of lands now or formerly of Grover Kauffman and nine hundred fifty-two and one-tenth (952.1) feet North of an iron pipe at the intersection of said road and the state highway leading from Summerdale to Wertzville; thence along the center line of said Mountain Road, South twenty-one (21) degrees thirty (30) minutes East for a distance of one hundred ten (110) feet to a point; thence along other lands formerly belonging to Leo Cool and Esther Cool, his wife, former grantors of the land herein, a Southwestwardly direction for a distance of four hundred thirty-five (435) feet, more or less to lands now or formerly of Joseph lntrieri; thence, North thirteen (13) degrees twenty-eight (28) minutes West by lands now or formerly of Joseph lntrieri for a distance of ninety (90) feet to a point at other lands of Leo Cool and Esther Cool, his wife, former grantors of the land herein; thence North sixty-five (65) degrees twenty-three (23) minutes East by other lands of Leo Cool and Esther Cool, his wife, former grantors of the land herein, for a distance of four hundred twenty (420) feet, more or less, to a point the point of beginning. TAX MAP PARCEL NUMBER: 09-12-2990-017 BEING known as 625 Tower Road, Enola, Pennsylvania 17025. BEING the same premises which DAVID A. WEVODAU AND MELINDA R. WEVODAU by deed dated March 21, 2006 and recorded May 24, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 274, Page 3461, granted and conveyed to David A. Wevodau in fee. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans, Inc. Plaintiff V. David A. Wevodau Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 08-3876 AFFIDAVIT OF SERVICE I, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 9`h day of October, 2008, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A." Copies of the letter and certificates of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." SWORN AND SUBSCRIBED BEFORE ME THIS 9TH DAY OF OCTOBER, 2008 TARY P LI SFAAL NW . public L. r. Watts,NR' li'o City of Phibdelphie, p COO* it eommissim exp- a November 22, 2048 T RRENC J. McCABE, ESQUIRE MARC S. ISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Attorneys for Plaintiff Countrywide Home Loans, Inc. CUMBERLAND COUNTY Plaintiff V. David A. Wevodau Defendants COURT OF COMMON PLEAS Number 08-3876 AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 625 Tower Road, Enola, Pennsylvania 17025, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owner or Reputed Owner Name David A. Wevodau Address 625 Tower Road Enola, PA 17025 2. Name and address of Defendants in the judgment: Name Address David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address O# A Plaintiff herein 4. 5 6 Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 625 Tower Road Enola, Pennsylvania 17025 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 ??? Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales United States of America Domestic Relations Cumberland County United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. /? AM41u, August 27. 2008 TE NCE J. McC E, ESQU DATE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff ESA McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans, Inc. Plaintiff V. David A. Wevodau Defendants DATE: October 9, 2008 TO: ALL PARTIES IN INTEREST AND CLAIMANTS Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 08-3876 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: David A. Wevodau PROPERTY: 625 Tower Road, Enola, Pennsylvania 17025 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on December 10, 2008 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. Exhibit B Klotz i (ID `+'C1 r„?'°m gyp' ? ' ? w C a ro?N a H r ?O y ce) W oho o 0a C ? N ? a n Q a axCf?bOCf7 ° btdv x a ?b t:iHd ?y m b xd°"ten » a ; ° ; b ? b••r,n dad o xbdn m es o r??H o N es ° `" 00000(') mono R -I b y O ;ov m o ? r A n 07 ? y- x O' a 1 o ? m r M. y' a d p p e ?.p c j y r C O C O p1 C O a C fo Q O C b C w O W Cf e to C ?? rn fb Q O O C B ?7 C O C ! O O R C O C A 0 ` b ?! to ft Q 3 co u kY .y eo ?D ?y ee ° 0O f 1 .d. A •t N ?+ ?? n °0 C to R y ao f ?! n ""' GM O v? ee p m LT C t? E m IM M M :$ ? N C vo ^' ?S d 't 0 y "? 0 M y GroNC O O °' '" -?a ? . bN° aw9 b° CdA G ,°? a °? C dN m O :0 K Q a iy m :. k Q ° d?.°, er a , ? `C 0 0 p d ? ?? b 00 a, ,, , 0V11 ~C"' O• ? N C G ? A O G N ? 0Q A ? N;F, ?y ?? < y `?p+p O? W VJ C o ???y U n p p? y p000H N A ^ R fE A fD j A < ap C ? O ? N 33 r. & N H N A P O C3 ?! A ?! `? R S , C A b O C'i m m ? ? ? 5 =? o uwt-O ?.. F a s va O N O y ?k E R :l ' L x TVI w ? u 8n n $ R ?i r t" C r ? a ? A n ? o m N ewe a `^ .'"G R c A r r r 0 1?o cn N 1, d G G V G DE?? P. ~ r ? G ?, V? ? M ? fl tr y t0 m ra R k Fei Q` `? `sl ? n A *dnd C°oo G ?"? ?^ r'" ?A '? U??n (nA m t?o? p G b r. Vl !fib all .Exitil, itB C'Z ^' ca m ? ?, ti- . ? -t ? ?' ?: -? .._. .c- -? ?f. r ?? ? ??rn `"? ? '? - < McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans, Inc. 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 V. David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 and Melinda R. Wevodau 625 Tower Road Enola, Pennsylvania 17025 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 08-3876 Civil Term MOTION FOR RULE ABSOLUTE Plaintiff in this matter, COUNTRYWIDE HOME LOANS, INC., hereby moves for a Rule Absolute in regard to its motion to amend caption and for discontinuance as to defendant Melinda R. Wevodau, and in support thereof avers as follows: 1. On August 5, 2008, plaintiff filed its motion to amend caption and for discontinuance as to defendant Melinda R. Wevodau in this matter seeking to discontinue suit against Melinda R. Wevedau and to amend the caption to remove Melinda R. Wevedau as a defendant. 2. On July 29, 2008, plaintiff served copies of such motion and related documents on Melinda R. Wevedau and David A. Wevodau as set forth in the attached Certificate of Service. 3. On August 8, 2008, this Court entered a Rule To Show Cause entering a Rule against defendants to show cause why the relief requested by plaintiff in such motion should not be granted. Such Rule To Show Cause further directed that such rule was made returnable within twenty (20) days from the date of such Order, that is, on or before August 28, 2008. 4. As of the date of this motion, counsel for plaintiff has not been served with any answer or response to such motion to reassess nor is counsel for plaintiff aware of any such answer or response having been filed with the court. WHEREFORE, Plaintiff requests this Honorable Court to grant this motion for rule absolute and to issue an Order to the Prothonotary to reassess damages as set forth above. Respectfully submitted, McCABE, WEISBERG & CONWAY, AG TERREN J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans, Inc. 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 V. David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 and Melinda R. Wevodau 625 Tower Road Enola, Pennsylvania 17025 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 08-3876 Civil Term CERTIFICATE OF SERVICE I, undersigned, counsel for plaintiff in the within matter, do hereby certify that on the 23th day of October, 2008,1 served copies of the foregoing Motion for Rule Absolute and proposed Order by placing the same in the United States mails, first-class, postage prepaid, addressed to the following person(s): David A. Wevodau 625 Tower Road Enola, PA 17025 Melinda R. Wevodau 625 Tower Road Enola, PA 17025 Melinda R. Wevodau 38 Nathan Drive Enola, PA 17025 rkze"c TERRE E J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff TERRENCE J. McCABE*** MARC S. WEISBERG** EDWARD D. CONWAY MARGARET GAIRO `° LISA L. WALLACE+t DEBORAH K. CURRAN±, LAURA H.G. O'SULLIVANt• BRI VI)A I- BROGDON* FRANK DUBIN ANDREW L. MARKOWITZ GAYL C. SPIVAK* HEIDI R. SPIVAK* SCOTT TAGGART* MARISA COHEN* KATHERINE SANTANGINI^^ JASON BROOKS" STEPHANIE H. HURLEY- ADRIENNE CFIAPMAN^^ DIANN GIZFI;\' ••' Licensed in PA ` Licensed in PA & NJ Licensed in PA & NY Licensed in NY ^^ Licensed in NJ Licensed N PA & WA Licensed in PA, NJ & NY t Licensed in NY & CT • Li--d in MD & DC •- 1--, ed in MD Managing A-,- or N1' Managing Au.-i far MD Li--d in VA David A. Wevodau 625 Tower Road Enola, PA 17025 LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 303 SUITE 2080 216 HADDON AVENUE 123 SOUTH BROAD STREET WESTMONT, NJ 08108 PHILADELPHIA, PA 19109 (856) 858-7080 FAX (856) 858-7020 (215) 790-1010 FAX (215) 790-1274 SUITE 310 145 HUGUENOT STREET NEW ROCHELLE, NY 10801 (914)-636-8900 FAX (914)-636-8901 Also servicing Connecticut SUITE 302 8101 SANDY SPRING ROAD LAUREL, MD 20707 (301) 490-3361 FAX (301) 490-1568 Also servicing the District of Columbia October 29, 2008 and Virginia Of Counsel JOSEPH F. RIGA* - PA & NJ Re: Countrywide Home Loans, Inc. vs. Wevodau Cumberland County C.C.P.; No. 08-3876 Dear Mr. Wevodau: Enclosed, please a true and correct copy of the motion for rule absolute in the above- captioned case. Very truly, yours, Katelan Jaye Steele McCabe, Weisberg and Conway, P.C. TJM/ks TERRENCE J. ',Ic(',A13E*** MARC S. WEISBERG** EDWARD D. CONWAY MARGARET GAIRO LISA L. WALLACE+t DEBORAH K. CURRAN±- LAURA H.G. O'SULLIVAN±A BRENDA L.BROGDON* FRANK DUBIN ANDREW L. MARKOWITZ G,\1'I, C SPIV.AK* HEIDI R. SPIVAK* SCOTT TAGGART* MARISA COHEN* KATHERINE SANTANGINI^^ JASON BROOKS^ STEPHANIE H. HURLEY- ADRIENNE CHAPMAN- ^ DIANN GREEN< LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 (215) 790-1010 FAX (215) 790-1274 October 29, 2008 Licensed in PA " Licensed iu PA & NJ Licensed in PA & NY Licensed in NY ^^ Licensed in N1 Licensed in PA & WA ""• Licensed in PA. N1 & NY 1 Licensed in NY & CT • Li-Zd in MD & DC • • Licensed in MD + Managing Auorncy for NY f Managmg Alw-y for MD Li--d in VA Melinda R. Wevodau 38 Nathan Drive Enola, PA 17025 Re: Countrywide Home Loans, Inc. vs. Wevodau Cumberland County C.C.P.; No. 08-3876 Dear Melinda R. Wevodau: SUITE 303 216 HADDON AVENUE WESTMONT, NJ 08108 (856) 858-7080 FAX (856) 858-7020 SUITE 310 145 HUGUENOT STREET NEW ROCHELLE, NY 10801 (914)-636-8900 FAX (914)-636-8901 Also servicing Connecticut SUITE 302 8101 SANDY SPRING ROAD LAUREL, MD 20707 (301) 490-3361 FAX (301) 490-1568 Also servicing the District of Columbia and Virginia Of Counsel JOSEPH F, RIGA* - PA & NJ Enclosed, please a true and correct copy of the motion for rule absolute in the above- captioned case. )Very truly yours, C?- Katelan Jaye Steele McCabe, Weisberg and Conway, P.C. TJM/ks TERRENCE J. McCABE*** MARC S. WEISBERG** EDWARD D. CONWAY'•' MARGARET GAIRO LISA I. WALIACE-t DEBORAH K. CURRAN-• LAURA H.G. O'SULLIVANI- BRENDA L.BROGDON* FRANK DUBIN ANDREW L. MARKOWITZ ••' GAYL C. SPIVAK* HEIDI R. SPIVAK* SCOTT TAGGART* MARISA COHEN* KATHERINE SANTANGINI^^ JASON BROOKS,^ STEPHANIE H. HURLEI'•a ADRIENNE CHAPMAN" ^ DIANN GREEN< '•' Licensed in PA • Li-sed in PA & NJ •' Licensed in PA & NY ^ Liccnscd in NY Liccnxd in NJ I i, ,-d is PA & WA Liccnscd in M. NJ & N1' * Liccnscd in NY & CT • Lic. d in MD & DC •• Licatsd in MD + Managing Attorney (oc NY Managing Au-y ror MD Licrnsd in VA Melinda R. Wevodau 625 Tower Road Enola, PA 17025 LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 (215) 790-1010 FAX (215) 790-1274 Re: Countrywide Home Loans, Inc. vs. Wevodau Cumberland County C.C.P.; No. 08-3876 Dear Melinda R. Wevodau: SUITE 303 216 HADDON AVENUE W ESTMONT, NJ 08108 (856) 858-7080 FAX (856) 858-7020 SUITE 310 145 HUGUENOT STREET NEW ROCHELLE. NY 10801 (914)-636-8900 FAX (914)-636-8901 Also servicing Connecticut SUITE 302 8101 SANDY SPRING ROAD LAUREL. MD 20707 (301) 490-3361 FAX (301) 490-1568 Also servicing the District of Columbia and Virginia Of Counsel JOSEPH F. RIGA* - PA & NJ Enclosed, please a true and correct copy of the motion for rule absolute in the above- captioned case. Very truly yours, 1?? <?_?- Katelan Jaye Steele McCabe, Weisberg and Conway, P.C. TJM/ks McCABE, WEISBERG AND CONWAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790 - 1010 Countrywide Home Loans, Inc. 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 V. David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 and Melinda R. Wevodau 625 Tower Road Enola, Pennsylvania 17025 CERTIFICATION OF SERVICE I, Frank Dubin, Esquire, hereby certify that a true and correct copy of the within Motion to Amend Caption and for Discontinuance as to Defendant Melinda R. Wevodau pertaining to the above-captioned matter was served on July 29, 2008, by Cumberland County Court of Common Pleas Number 08-3876 Civil Term Attorney for Plaintiff first-class mail, postage prepaid, upon the following: David A. Wevodau 625 Tower Road Enola, PA 17025 Melinda R. Wevodau 625 Tower Road Enola, PA 17025 Melinda R. Wevodau 38 Nathan Drive Enola, PA 17025 Date: July 29, 2008 :,? COUNTRY HOME LOANS, INC. 1800 TAPO CANYON ROAD MAIL STOP #SV-103 SIMI VALLEY, CA 93063, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID A. WEVODAU and MELINDA R. WEVODAU, 625 TOWER ROAD ENOLA, PA 17025, Defendants CIVIL ACTION - LAW : NO. 08-3876 CIVIL TERM ORDER OF COURT AND NOW, this 8`h day of August, 2008, upon consideration of Plaintiff s Motion To Amend Caption and for Discontinuance As to Defendant Melinda R. Wevodau, a Rule is hereby issued upon David A. Wevodau and Melinda R. Wevodau, to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of the date of this order. BY THE COURT, FFa?nk Dubin, Esq. /_gcCabe, Weisberg and Conway, P.C. Suite 2080 123 South Broad Street Philadelphia, PA 19109 Attorney for Plaintiff David A. Wevodau 625 Tower Road Enola, PA 17025 Defendant, pro Se r7 `Ii +?j?'7 t -.., t"' f,.,y r h i.?. +.. \j'$ 4 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans, Inc. 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, Cdf'ifornia 93063 V. David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 and Melinda R. Wevodau 625 Tower Road Enola, Pennsylvania 17025 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 08-3876 Civil Term f AMENDED MOTION FOR RULE ABSOLUTE Plaintiff in this matter, COUNTRYWIDE HOME LOANS, INC., hereby moves for a Rule Absolute in regard to its motion to amend caption and for discontinuance as to defendant Melinda R. Wevodau, and in support thereof avers as follows: 1. On August 5, 2008, plaintiff filed its motion to amend caption and for discontinuance as to defendant Melinda R. Wevodau in this matter seeking to discontinue suit against Melinda R. Wevodau and to amend the caption to remove Melinda R. Wevedau as a defendant. 2. On July 29, 2008, plaintiff served copies of such motion and related documents on Melinda R. Wevodau and David A. Wevodau as set forth in the attached Certificate of Service. 3. On August 8, 2008, this Court entered a Rule To Show Cause entering a Rule against defendants to show cause why the relief requested by plaintiff in such motion should not be granted. Such Rule To Show Cause further directed that such rule was made returnable within twenty (20) days from the date of such Order, that is, on or before August 28, 2008. 4. As of the date of this motion, counsel for plaintiff has not been served with any answer or response to such motion to reassess nor is counsel for plaintiff aware of any such answer or response having been filed with the court. 5. There has been no other ruling in this or any related matter since said Rule To Show Cause was granted by this court on August 8, 2008. 6. As neither defendant, Melinda R. Wevodau or David A. Wevodau, is represented by a counsel of record, no concurrence of any opposing counsel of record was sought. However, the Motion to Amend Complaint was served on Melinda R. Wevodau and David A. Wevodua at their last-known addresses and no objection or response has been filed. WHEREFORE, Plaintiff requests this Honorable Court to grant this motion for rule absolute and to issue an Order to the Prothonotary to reassess damages as set forth above. Respectfully submitted, McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE C -n Cc t NOV. 0 5 2008 Countrywide Home Loans, Inc. 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 v. David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 and Melinda R. Wevodau 625 Tower Road Enola, Pennsylvania 17025 Cumberland County Court of Common Pleas Number 08-3876 Civil Term ORDER AND NOW, this 15 day of 0 o v 200 , upon due consideration of 37? 2-1Ch I --j wio-tsQ? plaintiff s motion for rule absolute, and no answer having been filed to such Rule on or before the A. rule return date, it is hereby ORDERED and DECREED that said motion be and the same is hereby GRANTED, and the hereby ORDERED and DECREED that plaintiff's motion to amend caption and for discontinuance as to defendant Melinda R. Wevodau is hereby GRANTED. yFdNW V1Si'Md A,t.ltlno." S no 5 0 :ZI Wd 6 ! AQN 8001 AWiCiNU-LC,dd 3HI JO Copies to: Terrence J. McCabe, Esq. Marc S.Weisberg, Esq. Edward D. Conwa;y, Esq. Margaret Gairo, Esq. 123 S. Broad Street Suite 2080 Philadelphia, PA 19109 David A. Wevodau 625 Tower Road Enola, PA 17025 Melinda R. Wevodau 3 8 Nathan Drive Enola, PA 17025 .,C"? 'w -r • -. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys fbr Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans, Inc. Plaintiff V. David A. Wevodau Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 08-3876 MOTION TO ADJOURN SHERIFF'S SALE Plaintiff, Countrywide Home Loans, Inc., by and through its attorney, the undersigned, moves this Honorable Court for an Order adjourning the Sheriffs Sale scheduled for April 1, 2009 and avers as follows: 1. Plaintiff filed a Writ of Execution, as well as the Affidavit required by Pa.R.C.P. 3129, in order to list the property known as 625 Tower Road, Enola, Pennsylvania 17025 for the December 8, 2008 Sheriffs Sale. 2. Plaintiff postponed Sheriffs Sale from December 8, 2008 to March 4, 2009 because of a Fannie Mae holiday moratorium on Sheriffs Sales. 3. Plaintiff postponed Sheriff s Sale from March 4, 2009 to April 1, 2009 because Fannie Mae extended their moratorium on Sheriffs Sales. 4. Plaintiff requests that the Sale for April 1, 2009 be adjourned to June 10, 2009 A pursuant to Fannie Mae's compliance with the Home Affordable Modification program. 4. Plaintiff has complied with all the pertinent statutory and procedural rules of court governing the listing of real property for Sheriffs Sale. 6. Neither the parties hereto nor the parties previously set forth in the Affidavit Pursuant to Rule 3129 will be prejudiced by the adjournment of the Sheriffs Sale. WHEREFORE, Plaintiff prays that this Honorable Court grant an Order adjourning the Sheriffs Sale of the property known as 625 Tower Road, Enola, Pennsylvania 17025 to the June 10, 2009 Sheriffs Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 being required, except for an announcement be made at the sale currently scheduled for April 1, 2009. 21 TERRENCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. ` BY: TERRENCE J. McCABE, ESQUIRE - ID # 164% MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans, Inc. Plaintiff Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY V. David A. Wevodau No. 08-3876 Defendants MEMORANDUM OF LAW Plaintiff requested that the Sheriff s Sale originally scheduled for December 8, 2008 be continued to the March 4, 2009 Sheriffs Sale. Plaintiff requested that the Sheriff s Sale scheduled for March 4, 2009 be continued to the April 1, 2009 Sheriffs Sale. Plaintiff at this time requests that the Sheriffs Sale set for April 1, 2009 be adjourned to June 10, 2009 in compliance with the Fannie Mae moratorium and the Home Affordable Modification program. Pursuant to Pa.R.C.P. 3129.3, the Court has the discretion to adjourn a Sheriffs Sale and dispense the requirement of new notice. WHEREFORE, Plaintiff prays that a special order of court be granted and the Sheriffs Sale of the property known as 625 Tower Road, Enola, Pennsylvania 17025 be adjourned to the June 10, 2009 Sheriffs Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 being required, except that an announcement be made at the sale currently scheduled for April 1, 2009. TERRENCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE _a f VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff :in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unworn falsification to authorities. TERRENCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Countrywide Home Loans, Inc. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. David A. Wevodau I No. 08-3876 Defendants CERTIFICATION OF SERVICE I, undersigned, Esquire, attorney for the Plaintiff, hereby certify that I served a true and correct copy of the foregoing Motion To Postpone Sheriff Sale, by United States Mail, first class, postage prepaid, on the 30th day of March, 2009, upon the following: David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 TERRENCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE RLEL?-,- OF THE PF" , w. CTmY 2009 MAR 31 PH 2: 31 " A 414 MAR 31200196 Countrywide Home Loans, Inc. Plaintiff V. David A. Wevodau Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 08-3876 ORDER AND NOW, this AJ day of ?/? L ? , 2009, upon consideration of Plaintiffs Motion to Adjourn the Sheriffs Sale currently scheduled'in the above-captioned matter for April 1, 2009, it is hereby ORDERED that the Sheriffs Sale of the property known as 625 Tower Road, Enola, Pennsylvania 17025, is adjourned to the June 10, 2009 Sheriffs Sale. It is FURTHER ORDERED that no additional advertising of said gale is necessary and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 is required. ., ?.-t N .? ,. ?? } ? C% .,? ?t. ???, ?:- 1 `r?' ?'"' ,F, 4 4 ,;:- ? ,- e L ?µ- : 1 +:.. ? ?,,_ ?, C i C-^ C-a McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans, Inc. Plaintiff V. David A. Wevodau Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 08-3876 PRAECIPE FOR SUGGESTION OF NAME CHANGE TO THE PROTHONOTARY: Pursuant to Rule 2352(a) Pa.R.C.P., it is hereby suggested of record that Plaintiff's name has changed and is now known as BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P., and that the caption of the matter shall now be BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P. v. David A. Wevodau. See attached certificate of filing. Plaintiff's counsel continues to represent the plaintiff in the case at bar. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff Entity #: 587020 Date Filed: 0412812008 Pedro A. CortAs Secretary of the Commonwealth fI PRNMYLVANiA DII:PARTM M OF STATR CORPORATION BUREAU Certificate of AmerW,uum of Registm ion-Foreign Limited Pmftw dp 05 Ps", IM, Rued Limited LisbUIW Pebmddp Reeds ed Limited Liability Compeey i4sac rT .. C(I IM Deauseast wt b. real" a dw eed sdMaTw..tr?a mom qre Idt. C 1* CO.N.Mm"', 20114 of Pwmoyhw* FOREKiN • L1YrTED PMUNMMW AIiENIDNENY 3 Pisse(s) Fa: WO i In a?mplianoe with the M**emeets of 15 P Leg- I IS" (rdating to aarerrded eertiRcale of rgiaaaaan), the undersisned. dWrbg so dwnp.1bs arrar P M M or edw hob A, ' A ed in its WPHMOM for segistratior? s a breifn limited pwbwsW*, lbreipi reOslered lindled liability pa btasbip or a rosi=n limited liability. COOM rry hereby states that: 1. The name under which the assoeistion was rogisto (or lot rapisterad) (o do business in the Cann anwealth of PaMIvanis is: Qouebywida Nome Loans Swiping LP 2. The (a) address of its initial rasiststed oflies in this Cam mwa bb or (b) name of its ooveraaoiai registered oRice provider and the county of venue is: (a) Number and street City " ' State Zip County ?pu?r (b) Mans OrQ n%n=aid Registered Office Provider do: CT Corpasatiar MIl108 3. (7f4i0raob* The, address of the registered office of des aarociaeiorr in tMs ConmtonwaRlt is herby elwngad to: (a) Number and street sty state 22p Canty (b) Name of Cwfinwold Registered Offim Provider Cowdy PMN- IwtVJMiCT4a..0..4.s 911110 ADD •le% ^u n. r•.+ DSCB:I54585.2 t QrapplkaW 7U aaodadm desim daw its egbbsdm be armcled to dmw lb rlam t0: BAC Ham Lvmm Sav LP S. l(+pplt *: The maimiart dasbaa do its rq* tdm be am oM a follows is order to reflect m aryrrrrarta ar aflm Flees dolt Mite doWL 7U MM ofdw pawn! peraaae ho obWpd W. BAC OP. LLC. loWW at 45M Park Gerardo. Cala6aaa, CA 9130 IN 11391 MONY WHBRBOP, dw undmsipard ha aused We Cerdit a of Arand ma of Room do bbedped by a duly authorised oMm. a m,*m or rrpwGsrtbareof dds 27 day of Api1 .2W9 . Cm*ywitb Bowe Logo LP ame ofAewdatioo SAC GPp LLC, GENERAL PARTNER BY DEVRA LINDGRENr ASSISTANT SECRETARY OF SANK OF AMERICA, NATIONAL ASSOCIATION ITS MANAGER PAM-W%*MCT%*M0W4W .Docketing Seuentent (Ganges) DSCB:15.1346 Paw L C MPkIe for each~ BUREAU USE ONLY: ? Revenue ? Labor di: industry ? Other Pik Code Filed Date Cuaatt acme otafty or r*SkU pt (WrWW or new *#WIV UnruSsr or cortroltdaffon): Coaiphywfde Home Loses $ervitt LP 66 On* amber, ifknovra: InoorporatWquWIFWtbn due in PA: l10/l9JO State *fine: 'l'eans Federal BIN: 93.4797IpT Specified edlbotive dam Now.I PWf 11. cbftkp" bow X Amendment (market Seodon A) ? Merger, Consolideion or Division (maplets Section B,C or D) _ Consolidation (compk a Section C) Division (complats Sectioa D) - Conversion (car Oft Section A A H) _ Correoioo (cormplate Section A) TWekatimr (wmpkta Suction H) _ Revival (complete Section a) _ Ditsoktion before Commencement of Business (amplest Section F) K Sndw A-Check Wes) which^ftvbr to changes: x Neew.. Name a mgpd to: SAC Home Loens !!2t M LP _ Registered office: Number dt straaM number dt box aumber Qty Sate zip County _ Stook (quvpre number or doom m4horlaed): _ SRective d+te: Term of Etdsteam Odiar _ Settles B - Merger Camploto Section A tfany chogn to rtavhft wW& Missing 8oddea are: (a*wh shag * adAWanot P w#ft mfA* ) Nave: !y 5 Enthy#, Vkaown: Effective date: Ina/qual. dab in PA. SUN of Inc. Name: Entity M. ktwwa: Effective date: Inc./guaf. duo in PA. State ortne. I PMII •Wz McT?rwcam McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans, Inc. Plaintiff V. David A. Wevodau Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 08-3876 CERTIFICATION OF SERVICE The undersigned, attorney for the Plaintiff, hereby certifies that he/she served a true and correct copy of the foregoing Praecipe for Suggestion of Name Change by United States Mail, first class, postage prepaid, on the 22nd day of May, 2009, upon the following: David A. Wevodau _ 625 Tower Road Enola, PA 17025 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff "CTAPY ?r - y ^ -- is 'a ,u Eii -Q Al -1 , 7-Y Countrywide Home 1,oans, Inc. VS David A. Wevodau In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-3876 Civil Tenn William Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 22, 2008 at 2100 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: David A. Wevodau by making known unto David Wevodau personally, at 625 Tower Road, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 09, 2008 at 1636 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 David A. Wevodau, located at 625 Tower Road, Enola, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: David A. Wevodau, by regular mail to his last known address of 625 Tower Road, Enola, PA 17025. This letter was mailed under the date of October 7, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 19.51 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 30.00 Levy 15.00 Surcharge; 20.00 Postpone sale 60.00 _- Law Journal 383.00 Patriot News 390.08 ; Share of bills 14.92 995.01 ? 4/z It r ?L- So Answers: R. Thomas Kline, Sheriff BY ? ? Real Estate Coordinator ,l. G7J C°o . 70/75' 1 7/c F McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans, Inc. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS David A. Wevodau Defendants Number 08-3876 AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was tiled the following information concerning the real property located at: 625 Tower Road, Enola, Pennsylvania 17025. a copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owner or Reputed Owner Name Address David A. Wevodau 625 Tower Road Enola, PA 17025 2. Name and address of Defendants in the judgment: Name Address David A. Wevodau 625 Tower Road Enola, Pennsylvania 17024, 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 625 Tower Road Enola, Pennsylvania 17025 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales United States of America Domestic Relations Cumberland County United States of America 8. Name and address of Attorney of record: Name None Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or infoiniation and belict'. i understand that false statements herein are male subject to the - 1'a.(.?-. Section 4904 relating to unsworn falsification to authorities. August 27, 2008 DATE TE NCE J. McC E, ESQUI MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Countrywide Home Loans, Inc. COURT OF COMMON PLEAS V. I CUMBERLAND COUNTY David A. Wevodau Number 08-3876 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 Your house (real estate) at 625 Tower Road, Enola, Pennsylvania 17025 is scheduled to be sold at Sheriffs Sale on December 10, 2008 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle. Pennsylvania 17013 to enforce the court judgment of $125,938.72 obtained by Countrywide Home Loans, Inc. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Countrywide Home Loans, Inc. the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE LEGAL DESCRIPTION ALL THAI CERTAIN tract of land with the improvements thereon erected situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, wit: BEGINNING at a point in the center, of Mountain Road, also known as Miller's Gap Road, one hundred eighty-five (185) feet South of the Southeast corner of lands now or formerly of Grover Kauffman and nine hundred fifty-two and one-tenth (952.1) feet North of an iron pipe at the intersection of said road and the state highway leading from Summerdale to Wertzville; thence along the center line of said Mountain Road, South twenty-one (21) degrees thirty (30) minutes East for a distance of one hundred ten (110) feet to a point; thence along other lands formerly belonging to Leo Cool and Esther Cool, his wife, former grantors of the land herein, a Southwestwardly direction for a distance of four hundred thirty-five (435) feet, more or less to lands now or formerly of Joseph Intrieri; thence, North thirteen (13) degrees twenty-eight (28) minutes West by lands now or formerly of Joseph Intrieri for a distance of ninety (90) feet to a point at other lands of Leo Cool and Esther Cool, his wife, former grantors of the land herein; thence North sixty-five (65) degrees twenty-three (23) minutes East by other lands of Leo Cool and Esther Cool, his wife, former grantors of the land herein, for a distance of four hundred twenty (420) feet, more or less, to a point the point of beginning. TAX MAP PARCEL NUMBER: 09-12-2990-017 BEING known as 625 Tower Road, Enola, Pennsylvania 17025. BEING the same premises which DAVID A. WEVODAU AND MELINDA R. WEVODAU by deed dated March 21, 2006 and recorded May 24, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 274, Page 3461, ,ranted and conveyed to David A. Wevodau in fee. WRIT OF EXECUTION and/or ATTACHMENT' COMMONWEALTH OF PENNSYLVANIA) NO 08-3876 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From DAVID A. WEVODAU (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 $125,938.72 L.L. $.50 Interest FROM 8/29/08 TO 12/10/08 - $2,152.80 AT $20.70 PER DIEM Atty's Conan % Due Prothy $2.00 Atty Paid $235.00 Other Costs Plaintiff Paid Date: SEPTEMBER 3, 2008 (Seal) REQUESTING PARTY: Name MARC. S. WEISBERG, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY, P.C. 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 -_V-., Supreme Court ID No. 17616 Real Estate Sale #82 On September 9, 2008 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 625 Tower Road, Enola more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 9, 2008 By: d 4, Real Estate Sergeant 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: October 31, November 7 and November 14, 2008 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 Coyne, Editor SWORN TO AND SUBSCRIBED before me this 14 day of November 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 201 C REAL ESTATE SALE NO. 82 Writ No. 2008-3876 Civil. Countrywide Horne? Loans. h--,, s. David A. A evodau Atty.: Terrence McCabe LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erect- ed situate in East Pennsboro Town- ship, Cumberland County, Pennsyl- vania, more particularIv bounded and described as follows, wit: BEGINNING at - point in the center of Mountain Road, also known as Miller's Gap Road, one hundred eighty-five (185) feet South of the Southeast corner of lands now or formerly of Grover Kauffman and nine hundred fifty-two and one-tenth (952.1) feet North of an iron pipe at the intersection of said road and the state highway leading from Summer- dale to Wertzville; thence along the center line of said Mountain Road; South twenty-one (21) degrees thirty (30) minutes East for a distance of one hundred ten (1 10) feet to a point; thence along other lands formerly be- longing to Leo Cool and Esther Cool, his wife, former grantors of the land herein, a Southwestwardl_y direction for a distance of four hundred thirty- five (435) feet, morc° s)r less to lands now or formerly of Joseph Intrieri; thence, North thirteen (13) degrees twenty-eight (28) minutes West by lands now or formerly of Joseph Intri- eri for a distance of ninety (90) feet to a point at other lands of Leo Cool and Esther Cool, his wife, former grant- ors of the land herein; thence North sixty-five (65) degrees twenty-three (23) minutes East by other lands of Leo Cool and Esther Cool, his wife, former grantors of the land herein, for a distance of four hundred twenty (420) feet, more or les=t, to a point the point of beginning. TAX MAP PARCEL NUMBER: 09- 12-2990-017. BEING known as 62 a Tower Road Enola, Pennsylvania 17025 BEING the same premises which DAVID A. WEVODALT AND MELINDA R. WEVODAU by deed dated March 21, 2006 and recorded May 24, 2006, in the office of the Re?cazder in ,_ind for Cumberland County in Deed Book 274 Page 3461, granted and conveyed to David A. Wevodau it fee • 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 z4f Patti* ot 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 This ad ran on the date(s) shown below: 10/29/08 11/05/08 11/12/08 rn to before me this 2$ cLav of Notary Public r, 2008 A. D. i.OMMONWEALTH OF PENNSYLVANIA ° 'Nntariil Seal Shame L. ^'Jsner, Notary Public City Ot tsar n!Ftlun.., Dauphin County My Commiasior `-xpir Nov. 26, 2011 'Member Pennsylvania Association of Notaries RAC 0000 OW No- 82 C&M*YW*k "0" LOS", Inc. VS X" U Mbar U*WO" abe ALL THAT CERTAIN tract of land with the improvements thereon erected situate in East Patsboro Township, Cumberland County, Pennsyhania, more particularty bounded and described as follows, wit Bl~<'NNWG at a point in the center of Mountain {toad, also known as Miller's Gap RoA out hundred evghty`fivt (185) feet South of the Sotst corner of lands now or formerly of Grover Kauffman and nine hundred fifty-two and one-tenth (952.1) feet North of an iron pipe RiS AW Md Od 40- site gat?ICr lw4tt Ord dotty (30) minutes East for a distance of one hundred ten (110) feet to a point; them along odrerlands formerly be MM to Loo Cool and Fsthor Cool,'his wife, former grantors of the land herein, a Southwestwardly dircction for a distance of four hundred thirty-five (435) feet, more of less to lands now or form>edy of Joseph Intrieri; thence, North thirteen (13) degrees twenty-eight (2S) minutes West by lands now or formerly of Joseph Inhim for a distance of ninety (90) feet to a point at odwr lions of Leo Cool and Esmer Cool. his wife, former grantors of the Ind bewin; thence North sixty-five (65) degrea t> 4bree (23) mutates East by other lands of Leo Cool and Esther Coal, his wife, former grantors of the land herein, for a dismace of four hundred twenty (420) feet, mutt{ of less, to a pow the point of b4maing. TAX MAP PARCEL NUMBER: 09.1272990- 017 BEING known as 625 Tower Road, Enola, Pennsylvania 17025. BEING the same premises which DAVID A. WEVODAt1 AND MEIINDA R WEVODALT by deed dated March 21, 2006 and recorded May 24, 20Q6 in the office of the Recorder it and (tart CatsMd+aadfm'" ja DW Book 274, r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION BAC Home Loans Serving, L.P. fka Countrywide Home Loans, Inc. V. David A. Wevodau FILE NO.: 08-3876 Civil Term AMOUNT DUE: $125,938.72 INTEREST: from 08/29/08 to 03/03/10 $11.426.40 at $20.70 ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or 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 FQR EXECUTION Issue writ or 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) 625 Tower Road Enola Penns lvania 17025 (More fully described as 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 personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: September 15, 2009 Signature: Print Name: MCCABE WWEISBERG AND CONWAY Address: 123 S. Broad Street Suite 2080 Philadelphia. PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 0 F11 FD-riffiCE OF THE FP"?I111"NIf ARY 2009 SAP 17 PM 12: 4 0 4t 9,4. 00 Pp ATI'4 q:5. 00 CSF al. oo 3b.o0 16.00 qq5 . 01 `18.50 " N.oo " aCoo " -01.0151-51 -fDATM sa-M bueC'o .., # 144585 e coolo84 V "'` McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Serving, L.P. Ika Countrywide Home Loans, Inc. Plaintiff V. David A. Wevodau Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 08-3876 AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 625 Tower Road, Enola, Pennsylvania 17025, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owner or Reputed Owner Name Address David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 2. Name and address of Defendant in the judgment: Name Address David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein It -I%" 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address East Pennsboro Township 98 S Enola Dr Enola, Pennsylvania 17025 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 625 Tower Road Enola, Pennsylvania 17025 Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 110 North 8`' Street Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 -,. Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 8. Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. September 15, 2009 TERRENCE J. McCABE, ESQUIRE DATE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff RLE"- HCE OF THE PRo? j i- r,,N,, 3TARY 2009 S EP 17 PM 12: 41 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Serving, L.P. #ka Countrywide Home Loans, Inc. COURT OF COMMON PLEAS Plaintiff V. David A. Wevodau Defendant CUMBERLAND COUNTY Number 08-3876 AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANTS The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing addresses of the Defendant are: David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 SWORN AND SUBSCRIBED TERRENCE J. McCABE, ESQUIRE BEFORE ME THIS 15TH DAY MARC S. WEISBERG, ESQUIRE O SEPTEMBER, 2009 EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff NOTARY PUBL C COMMONWEALTH OF PENNSYLVANIA NOTARIAL BEAL Michelle A. Holacik -Notary Public City of Philadelphia, Philadelphia County MY COMMISSION EXPIRES MAR. 28, 2013 FILED-OFFtCE OF THE E ? TA Y 2009 SEP 17 Ply 12= 41 CUtrk YLVANA 08' 3TUA VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff FILED-vii SwF OF THE PPS N, TARY 2009 SAP 17 PM 12: 41 UDCl , ., _. d1 i0 l VrINLA A ` McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW BAC Home Loans Serving, L.P. fka Countrywide I COURT OF COMMON PLEAS Home Loans, Inc. V. David A. Wevodau CUMBERLAND COUNTY Number 08-3876 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 Your house (real estate) at 625 Tower Road, Enola, Pennsylvania 17025 is scheduled to be sold at Sheriffs Sale on March 3, 2010 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $125,938.72 obtained by BAC Home Loans Serving, L.P. fka Countrywide Home Loans, Inc. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to BAC Home Loans Serving, L.P. fka Countrywide Hone Loans, Inc. the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (213) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) r 416 YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-10'10. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 X 044. LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, wit: BEGINNING at a point in the center of Mountain Road, also known as Miller's Gap Road, one hundred eighty-five (185) feet South of the Southeast comer of lands now or formerly of Grover Kauffman and nine hundred fifty-two and one-tenth (952.1) feet North of an iron pipe at the intersection of said road and the state highway leading from Summerdale to Wertzville; thence along the center line of said Mountain Road, South twenty-one (21) degrees thirty (30) minutes East for a distance of one hundred ten (110) feet to a point; thence along other land's formerly belonging to Leo Cool and Esther Cool, his wife, former grantors of the land herein, a Southwestwardly direction for a distance of four hundred thirty-five (435) feet, more or less to lands now or formerly of Joseph Intrieri; thence, North thirteen (13) degrees twenty-eight (28) minutes West by lands now or formerly of Joseph Intrieri for a distance of ninety (90) feet to a point at other lands of Leo Cool and Esther Cool, his wife, former grantors of the land herein; thence North sixty-five (65) degrees twenty-three (23) minutes East by other lands of Leo Cool and Esther Cool, his wife, former grantors of the land herein, for a distance of four hundred twenty (420) feet, more or less, to a point the point of beginning. BEING now known as 625 Tower Road, Enola, Pennsylvania 17025 Tax Parcel #09-12-2990-017 Dwelling known as 625 Tower Road, Enola, Pennsylvania 17025. BEING the same premises which DAVID A. WEVODAU AND MELINDA R. WEVODAU by deed dated March 21, 2006 and recorded May 24, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 274, Page 3461, granted and conveyed to David A. Wevodau in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3876 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVING, LP f/k/a COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From DAVID A. WEVODAU (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 $125,938.72 L.L. Interest from 8/29/08 to 3/03/10 at $20.70 -- $11,426.40 Atty's Comm % Due Prothy $2.00 Atty Paid $1,251.51 Other Costs Plaintiff Paid Date: 9/17/09 Curtis R. Lon , r h of (Seal) By: Deputy REQUESTING PARTY: Name: TERRENCE J. MCCABE, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Serving, L.P. fka Countrywide Home Loans, Inc. Plaintiff V. David A. Wevodau Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 08-3876 AFFIDAVIT OF SERVICE I, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 23rd day of December, 2009, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A." Copies of the letter and certificates of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." SWORN AND SUBSCRIBED BEFORE ME THIS 23rd DAY OFD EMBER, 2009 I 11 ) I/ (li (11 k C TERRENCE J. McCAB , ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff NOTARY PUBIC STACEY t, Notary Public City of rF:'iF da4+? a, Phila. County ; t . ires_July 10, 2012 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (2151790-1010 BAC Home Loans Serving, L.P. flea Countrywide Home Loans, Inc. Plaintiff V. David A. Wevodau Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 08-3876 AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 625 Tower Road, Enola, Pennsylvania 17025, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owner or Reputed Owner Name Address David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 2. Name and address of Defendant in the judgment: Name Address David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein t 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address East Pennsboro Township 98 S Enola Dr Enola, Pennsylvania 17025 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 625 Tower Road Enola, Pennsylvania 17025 Commonwealth of Pennsylvania Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America 8. Name and address of Attorney of record: Name None Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. September 15, 2009 TERRENCE J. McCABE, ESQUIRE DATE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Serving, L.P. fka Countrywide Home Loans, Inc. Plaintiff V. David A. Wevodau Defendant DATE:December 23, 2009 TO: ALL PARTIES IN INTEREST AND CLAIMANTS Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 08-3876 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: David A. Wevodau and PROPERTY: 625 Tower Road, Enola, Pennsylvania 17025 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on March 3, 2010 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. C? ?gp r N tT c+7 w N ©00 sdq?o- N t \\? s in w Cl) O ?o 6 ° Q la. N 8 G73.ittftl ? ° ° Nil 6 0 G? ' as N A ? O u d ar d 7 ? O G y s" `o d M "'.GIN old 000 93 0 ?? o °r a 3 w co .oa as ad y d o a . 4 v a ad •• M d 41.1. o a a;a cO w d ° yA;oo,? p:? ooh 4+ w ova` d ? c. a o a a c a •.+ ?, ... as p, o ,°, e U ab A 3A w ?.°.d N F+ as ? > ? a. .. a •? a ae p. ca oo ?. ? o vt a a as a .a .. 0a?0 °ah^Z ?e4 3G'QO? aoa+= tom 8aa ? as ?. 8„??E as Gas °°' osd o, L `? $y Ovw p ae? o:3o b ° ?' aaU A o oa cp"pa° 8 C?;a;^ Y'50 as pd.,paax UpGVx a.W,?,a ¢vE"i ° O a``s o a?p?. Upq?ai cAx A°43ax $o y?° FNa UAax U~ .x a as ab .o W 00000 WSW a a 00 C W z V] r. N y d,3 S ;,? ca 3 °2sTAVO z s H d d o °O ° q crf? c'W - Owl V in oft A P O?MV ?LZ`N Ava? 3 PA r ' d o.O o? ?a 1 094 H Y+ a o? w ? ?a I ? N 0 ?'..t?l 1 ' l?r? 1 ?'-T1 1 1IY' r G4 r tY7?'s,P `t 70,,G9 G' a'i McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans, Inc. Plaintiff V. David A. Wevodau Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS C p DE Tv 4cRE COUNTY ? f' - = - OIl m bcrlu - _ CV Number 08-496^ -77 fir j,.? ?,=j rtf cs PRAECIPE TO MARK JUDGMENT/ WRIT OF EXECUTION TO PLAINTIFF'S USE TO THE PROTHONOTARY: Kindly mark the Judgment and Writ of Execution entered in the above-captioned matter to the use of Plaintiff, BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP, whose address is 1800 Tapo Canyon Road, Mail Stop #SV-103, Simi Valley, CA 93063. T RREN J. cCABE, ESQUIRE MARC S. EISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff tS.Ov?? P4 G}I? Q?ar.?s McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP Plaintiff V. David A. Wevodau Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas n 711 Number 08-3876 r rf a-; e MOTION TO ALLOW SERVICE ON THE DEFENDANTS PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 Plaintiff attempted to personally serve a true and correct copy of the Notice of Sheriff s Sale of Real Property upon the Defendant, David A. Wevodau, at his last-known address and the mortgaged premises of this action, 625 Tower Road, Enola, Pennsylvania 17025. The process server was not able to serve the Defendant because the property is vacant. A true and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof as Exhibit "A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has conducted a good faith investigation to determine the current whereabouts of Defendant and the attached Affidavit sets forth in detail the nature and extent of the investigation. See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B". 3. As a result of the investigation, a special Order of Court is required permitting service by regular and certified mail at the Defendant last known address and by posting a copy of the original process on the mortgaged premises. 4. No judge has ruled upon any other issue in this matter or in any related matter. 5. No attorney has entered an appearance in this matter on behalf of Defendant and, therefore, no concurrence of opposing counsel was sought with regard to the instant motion. 6. If service cannot be made on the Defendant, David A. Wevodau, the Plaintiff will be prejudiced. WHEREFORE, Plaintiff prays this Honorable Court grant an Order allowing the Plaintiff to serve the Notice of Sheriffs Sale of Real Property, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's Sale upon the Defendant, David A. Wevodau, by regular mail; certified mail, return receipt requested; and by posting at the last-known address of Defendant and the mortgaged premises known in this herein action as 625 Tower Road, Enola, Pennsylvania 17025. 000- /TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP Plaintiff V. David A. Wevodau Defendant Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 08-3876 MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP Plaintiff V. David A. Wevodau Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 08-3876 CERTIFICATION OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff, hereby certify that I served a true and correct copy of the foregoing Motion for Alternative Service, by United States Mail, first class, postage prepaid, on the 29th day of March, 2010, upon the following: David A. Wevodau 625 Tower Road En Enola, Pennsylvania 17025 -7, ERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the attorney for the Plaintiff in the within action and that he/she is authorized to make this verification and that the foregoing facts are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. RRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE*** SUITE 2080 SUITE 303 MARC S. WEISBERG"" AVENUE H 216 EDWARD D. CONWAY'' 123 SOUTH BROAD STREET W ESTMONTONT, 08108 MARGARET GAIRO .•. PHILADELPHIA, PA 19109 (856)858-70 7080 LISA L. WALLACE+t (215) 790-1010 FAX (856) 858-7020 DEBORAH K. CURRAN±, FAX (215) 790-1274 LAURA H.G. O'SULLIVAN±- SUITE 499 GAYL C. SPIVAK*= 145 HUGUENOT STREET FRANK DUBIN'•' NEW ROCHELLE, NY 10801 ANDREW L. MARKOWITZ'•' (914)-636-8900 HEIDI R. SPIVAK* FAX (914)-636-8901 SCOTT TAGGART* Also servicing Connecticut MARISA COHEN* KATHERINE SANTANGINI- JASON BROOKS t SUITE 100 STEPHANIE H. HURLEY- 8101 SANDY SPRING ROAD DIANN GREEN < March 29, 2010 LAUREL, MD 20707 MATTHEW CONNOR* (301) 490-3361 FAITH MIROS'<' FAX (301) 490-1568 ERIN BRADY- Also servicing the District of Columbia AARON D. NEAL- and Virginia KEVIN T. MCQUAIL'•' RUHI MIRZA'>' Licensed in PA • Licensed in PA & NJ •• Licensed in PA & NY ^ Licensed in NY ^^ Licensed in N1 Licensed in PA & WA •"" Licensed in PA, NJ & NY t Licensed in NY & CT • Licensed in MD & DC •• Licensed in MD t Managing Attorney for NY m Managing Attorney for MD Managing Attorney for NJ < Licensed in VA Licensed in CT & NJ Licensed in MD & VA David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 Re: Countrywide Home Loans, Inc. v.David A. Wevodau and Cumberland County CCP Number 08-3876 Dear Sir or Madam: Enclosed please find a copy of Plaintiffs Motion for Alternative Service relative to the above matter which is being sent to Court for filing today. Very Truly Yours, TERRENCE J. McCABE TJM/ks Enclosure This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. r EXHIBI A SHERIFF'S OFFICE OF CUMBERLAND COUNTY od : LOA, Ronny R Anderson Sheriff ?'oa et ICar;,brp???? Jody S Smith Chief Deputy .k' Edward L Schorpp Solicitor 0WOE OF THE St4ERIFF BAC Home Loans Servicing, L.P. Case Number vs. 2008-3876 David Adam Wevodau SHERIFF'S RETURN OF SERVICE 12/23/2009 04:14 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 12-23-09 at 1614 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 Bavid A. Wevodau, located at, 625 Tower Road, Enola, Cumberland County, Pennsylvania according to afaw. 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: D%wd-. Wevodau, 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, David A. Wevodau, property Is vacant, defendant did not leave a forwarding address. A of yjVtj WNO- ;c1 Ga,miySuite SY!e!if(, TESleaeofl Inc. EXHIBIT B ? ? C ?'A-) Attorney Outsourcing Support Services, Inc. Suite 2040 Stacey O'Connell 123 S. Broad Street Operadons Manager Philadelphia PA 19109 tel. (215) 790-5964 fax (215)320-5779 Affidavit of Good Faith Invotig to ion SUBJECT OF INVESTIGATION David A. Wevodau CLIENT: MrCABE, WEISBERG & CONWAY, P.C. FILE #: 3(0132 MATTER #: 13 q -1 ?Uq COURT TERM & N UMBER: AOSS FILE #: D6- t6LI SUBJECT'S LAST KNOWN ADDRESS: 625 Tower Road Enola, PA 17025 Serving Connecdc4 New York, New Jersey, Pennsylvania, Maryland, Virginia, and AC I Daniel Muklewicz, being duly sworn according to law, deposes and says that on -March 1, 2010_ I completed a good faith investigation into the whereabouts of the above named subject and the extent of the investigation and the results are as follows: 1. INQUIRY OF POSTAL AUTHORITY: A. NATIONAL ADDRESS UPDATE Postal Authority stated that the subject has no change of address. 2. INQUIRY OF LOCAL TELEPHONE COMPANY A. DIRECTORY ASSISTANCE AND INTERNET SEARCH David A. Wevodau 625 Tower Road, Enola, PA 17025; (717) 732-9432. Disconnected. Page Two Weyodau. David A. (subject) 3. INQUIRY OF DEPARTMENT OF MOTOR VEHICLES: I was unable to verify current drivers license information for the subject. 4. INQUIRY OF COUNTY VOTER REGISTRATION I was unable to confirm a listing with the County Voters Registration Office for this subject. 5. INQUIRY OF NEIGHBORS: Timothy Folk 617 Tower Road (717) 732-4049. Left message with no response. Christine Estright 621 Tower Road (717) 728-3131. Left message with no response. 6. OTHER INQUIRES: A. DEATH RECORDS Social Security has no death record for the subject. B. INTERNET SEARCH: Search shows that the subject resides at 625 Tower Road, Enola, PA 17025. C. LOCAL TAX RECORD INQUIRY: Tax bill is mailed to 625 Tower Road, Enola, PA 17025. The information set forth in this Affidavit of Good Faith Investigation is true and correct to the best of my knowledge and belief. BY: NAME: Dan Muklewicz TITLE: Location S ci 'st Notary Public: Sworn before me this day March 1. 2010 fa NO'TARML SEAL STACEY M. O'CONNELL, Notary Public ! City Of Philadelphin , Phila. County Ez, 0?-C)7yZ 514 MAGARO RD ENOLA, PA 17025-9998 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address (if a boxholder) for the following: Name: David A. WevQdau Address: 625 Tower Road. Enola. PA 17025 Note: Only one request may be made per completed form. The name and last known address are required for change of address information. The name, if known, and Post Office box address are required for boxholder information. 1. Capacity of requester (e.g., process server, attorney, party representing self: Process Server 2. Stature or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite state): Process Server for AOSS (Rule 400. Lb) 3. The names of all known parties to the litigation: 4. The court in which the case has been or will be heard: 5. The docket or other identifying number ( a or b must be completed): a. Docket or other identifying number: b. Docket or other identifying number has not been issued. 6. The capacity in which this individual is to be served (e.g., defendant or witness): Aefg&ftt WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAT THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OR TO $10, 000 OR IMPRISONMENT OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S. SECTION 1001)L. I certify that the above information is true and that the address information is needed and will be used solely for service of legal process conjunction with actual or prospective litigation. Signature Daniel Muklewicz,,for AOSS Printed Name No change of address order on file. Moved, left no forwarding address. 122 5. BEoad Street. Ste. 2050 Address Philadelphia. PA 19109 City, State. ZIP Code POST OFFICE USE OM,Y NEW ADDRESS OR BOXHOLDER'S POSTMARK NAME AND STREET ADDRESS No such address. ?eAivus McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, LP flea Countrywide Home Loans Servicing, LP Plaintiff V. David A. Wevodau Defendants APR 0120% Attorneys for Plaintiff I Cumberland County Court of Common Pleas Number 08-3876 ORDER AND NOW, this ,,kday of A r "t C , 2010, the Plaintiff is granted leave to serve the Notice of Sheriffs Sale of Real Property upon the Defendant, David A. Wevodau , by regular mail and by certified mail, return receipt requested, to his last known address of 625 Tower Road, Enola, Pennsylvania 17025 and by posting the Notice of Sheriff s Sale at the mortgaged premises of 625 Tower Road, Enola, Pennsylvania 17025. BY THE COURT: (20 1 , r /?!ia l o -ri LC ;fir Ar t _ r j M" McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 FRANK DUBIN, ESQUIRE - ID # 19280 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Serving, L.P. flea Countrywide Home Loans, Inc. V. David A. Wevodau Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 08-3876 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. The undersigned, attorney, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: That he is counsel for the above-named Plaintiff, N ea Z t C3 4Wi 2. That on April 12, 2010 per the attached Court Order, Plaintiff served a true and correct t r .•c copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, David A. Wevodau, by regular mail, certified mail, return receipt requested, addressed to 625 Tower Road Enola, Pennsylvania 17025. True and correct copies of the letters, certified return receipt and certificate of mailing, are attached hereto, made a part hereof, and marked as Exhibit "A ." That on April 20, 2010, with the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, David A. Wevodau, by posting the same at the mortgaged premises known as 625 Tower Road Enola, Pennsylvania 17025 True and correct copies of the Sheriff's Return of Service form indicating the same are attached hereto, made a part hereof, and marked Exhibit "B." SWORN AND SUBSCRIBED BEFORE ME THIS a2thDAY OF MAY, 2010 ?Q fl C . 1Q ?A.C ? NOTARY PUBLIC CCMMCNWEAJH CF PENN=_"WaNIA ENOTARIAL SEAL . paotucci-Notary Public ladelphia, Philadelphia County ,-SCI(^N Y._ n_CN n Tir! BY: Attorneys r.McCABE, f TERRENCESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE FRANK DUBIN, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE HEIDI R. SPIVAK, ESQUIRE EXHIBIT A '? G o ^ _ r '9 ny O c ?' a oe o e v a In ? w N n r. V h N ? pi n ? ? a y N ?' `? o vc n 'a o 0 o p c ? ?' ? O N A? h N tD d ? CJ ? •? 0 :1 n o N D n? 0?? o ?^ < x n n CD to N W 6 z "h f]- C3. w n a N A ? W C Q ? J ? ? ? IJ .j ? ? o o. w ?o z ? co n r C ? 0. A ? n D. n y 0. 1.. ? O J O a eo ? A? ? a 5 C E V 3 F ?,+ d Nf4`yr I y ! 3 N g??3 O O 1? ?i N HIM t 11114 a s 0 9? I 0M0g w >? Sg g m O a ?? r zan ,_7pg Hill ' 4 my ? S ? G B ^ $' a"l l 6 $ ? 8 ? A v a ..D m -B M U1 C3 Cc M Q O M D w to ru it 0 0 r- U.S. Postal Service CERTIFIED MAIL . RECEIPT (Domestic !Nail Only; No Insurance coverage Provided) LAW OFFICES TERRENCE J. McCABE*** McCABE, WEISBERG & CONWAY, P.C. MARC S. WEISBERG" SUITE 2080 EDWARD D. CONWAY 123 SOUTH BROAD STREET MARGARET GAIRO ' PHILADELPHIA, PA 19109 LISA L. WALLACE+t (215) 790-1010 DEBORAH K. CURRAN±, ' FAX (215) 790-1274 LAURA H.G. O SULLIVAN±, GAYL C. SPIVAK* _ FRANK DUBIN - ANDREW L. MARKOWITZ " HEIDI R. SPIVAK* SCOTT TAGGART* MARISA COHEN* KATHERINE SANTANGINI- JASON BROOKSt STEPHANIE H. HURLEY- ERIN BRADY,* DIANN GREEN< MATTHEW CONNOR* FAITH MIROS '<' THOMAS K. TESSMER < ERIN BRADY - Licensed in PA ` Licensed in PA & NJ " Licensed in PA & NY ^ Licensed in NY ^^ Licensed in NJ Licensed in PA & WA '•' Licensed in PA. NJ & NY t Licensed in NY & CT ' Licensed in MD & DC "• Licensed in MD + Managing Attorney for NY t Managing Attorney for MD Managing Attorney for NJ < Licensed i VA April 12, 2010 Licensed in Cr & NJ David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 Re: BAC Home Loans Serving, L.P. flea Countrywide Home Loans, Inc. vs. David A. Wevodau Cumberland County; No. 08-3876 Premises: 625 Tower Road, Enola, Pennsylvania 17025 Dear David A. Wevodau: Enclosed is a Notice of Sheriffs Sale relative to the above-captioned matter. Very truly yours, Jonathan Kopytko, Legal Assistant McCabe, Weisberg and Conway, P.C. TJM/jko Enclosure SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7010 0290 0003 1044 0470 RETURN RECEIPT REQUESTED SUITE 303 216 HADDON AVENUE WESTMONT, NJ 08108 (856) 858-7080 FAX (856) 858-7020 SUITE 310 145 HUGUENOT STREET NEW ROCHELLE, NY 10801 (914)-636-8900 FAX (914)-636-8901 Also servicing Connecticut SUITE 100 8101 SANDY SPRING ROAD LAUREL, MD 20707 (301) 490-3361 FAX (301) 490-1568 Also servicing the District of Columbia and Virginia This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. EXHIBIT B May.28, 2010 9:23AM No-9072 P. 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ?opttto ut }C111riber, 14 OFFICE OF THE $K1!RIFF BAC Home Loans Servicing, L.P. vs. Case Number . David Adam Wevodau 2008-3876 SHERIFF'S RETURN OF SERVICE 12123/2009 04:14 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 12-23-09 at 1614 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 Bavid A Wevodau, located at, 525 Tower Road, Enola, 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: David A. Wevodau, 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, David A. Wevodau, property is vacant, defendant did not leave a forwarding address. 03101/2010 Property sale postponed to 515/2010. 04/16/2010 Received instructions and copy of Notice of Sale on 4/15/10 to serve deft by posting property pursuant to Court Order cab 04/20/2010 NOM Clirre, t rrr f,_Htlg 0* aalorn ao g io low, 406 that on 4M 110 at 1438 hours. fie served a true copy otift f> Veit; Nbtt a ahd DftorWw, in th above. wttiftd ac?on, upon tha wf6totrr its NO d6fttx ant, to wit: David Adam Wevodau, by Pig ? btu! at tT'5 Tower Road, Enola, PA, per Court Order 05/04/2010 Property sale postponed to 7f7/2010. SHI=RIFF COST, $1,341.94 May 28, 2010 (0) GoantySuiW Shutt TR48060h. Ina SO ANSWERS, RON R ANDERSON, SHERIFF McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE -11) # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE -11) # 34687 MARGARET GA1RO, ESQUIRE -11) # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-10111 BAC Home Loans Serving, L.P. fka Countrywide Home Loans Servicing, 1.P s/i/i/t Countrywide Home Loans, inc. Plaintiff V. David A. Wevodau l3cfendant Attorneys for Plaintiff COURT Oh COMMON PLEAS CUMBERLAND COUNTY t`3 0 C = o it Number 08-3876 T_ Ti `_J lf_ C- --, m co -C MOTION TO ADJOURN SHERIFF'S SALE. Plaintiff; BAC }-Tome Loans Serving, L.P. fka Countrywide Home Loans Servicing, I-,P s/i/i/t Countrywide. Home Loans, Inc., by and through its attorney, the undersigned, moves this Honorable Court for an Order adjourning the Sheriffs Sale scheduled for July 7, 2010 and avers as follows: 1. Plaintiff filed a Writ of Execution, as well as the Affidavit required by Pa.R.C.P. 3129, in order to list the property known as 625 Towel- Road, I nola, Pennsylvania 17025 for the March 3, 2010 Sheriff's Sale. 2. Plaintiff postponed Shcrurs Sale from March 3, 2010 to May 5, 2010 because of pending issues with the Department of Environmental Protection. Plaintiff postponed Sheriff's Sale from May 5, 2010 to July 7. 2010 because of pending issues with the Department of Environmental Protection, Plaintiff requests that the Sale for July 7, 2010 be adjourned to September 8, 2010 pending issues with the Department of Environmental Protection. Plaintiffhas Complied with all the pertinent statutory and procedural rUles ofcourt governing the listing of real property for Sheriff's Sale. 6. Neither the parties hereto nor (lie parties previously set forth in the Affidavit Pursuant to Rule 3129 will be prejudiced by the adjournment of the Sheriff's Sale. WHEREFORE, Plaintiff prays that this l-Ionorable Court grant an Order adjourning the Sheriff's Sale ofthe property knoum as 625 "Power Road, Enola, Pennsylvania 17025 to the September 8, 2010 Sheriff's Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit P111-SUani to l'a.R.C.P. 3129 being required, except for an announcement be made at the sale currently scheduled for July 7, 2010. TERRENCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET CAIRO, ESQUIRE Attorneys for Plaintiff ESQUIRE ttok_ ys r Plaaintntif i4tf f McCABE, WEIS13EIIG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE -11) # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD 1). CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 13AC I tome Loans Sewing, LT. fka Countrywide Home. Loans Servicing, LI" s/i/i/t Countrywide Home Loans. Inc. David A. Wevodau V. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 08-3876 MEMORANDUM Or LAW Plaintiff requested that the Sheriff`s Sale originally scheduled for March 3, 2010 be continued to the May 5, 2010 Sheriffs Sale. Plaintiff requested that the Sheriff's Sale scheduled for May 5, 2010 be continued to the .luly 7, 2010 Sheriff's Sale. Plaintiff at this time requests that the Sheriff's Sale set for July 7, 2010 be adjo n'ned to September 8, 2010 because of pending issues with the Department of lnvironmental Protection. Pursuant to Pa.R.C.i'. 3129.3, the Court has the discretion to adjourn a Sheriff's Sale and dispense the requirement of new notice. WFIEREFORI , Plaintiff prays that a special order of court: be granted and the Sheriff's Sale of the property known as 625 Tower Road, Enola, Pennsylvania 17025 be adjourned to the September 8, 2010 Sheriffs Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 being required, except that an announcement b made at the sale currently scheduled tier July 7, 2010, U,. 2- TERRENCE J. MCCABL;, ESQUIRE, MARC S, WEISBERG, ESQUIRE EDWARD D. CONWAY, L SQIJIR.E MARGARET GAIRO, I.;SQUIRE Attorney,%-f'4r Plaintiff NA'Z'I-1 C. y0 F, ESQUIRI Att me for Plaintiff VERIFICATION The undersigned hereby certifies that. he is the attorney for the Plaintiff in the within action and that lie is authorized to make this verification and that the foregoing; facts are trtte and correct t:o the best of'his knowledge, information and beliefand further states that false statements herein are made subject to tlx: penalties of 18 PA.CS, §4904 relating to unsworn falsification to authorities. T1 RRENCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARETCAIRO, ESQUIRE MCCABE, WEIS13ERG AND CONWAY, P.C. BY: TERRENCE ,I. McCABE, ESQUIRE - Ill # 16496 MARC S. WEISBERG, ESQUIRE - 11) 417616 EDWARD 1). CONWAY, ESQUIRE - 11) # 34687 MARGARET CAIRO, ESQUIRE -11) # 34419 123 South Broad Street,, Suite 2080 Philadelphia, Pennsylvania -19109 (215) 790-1010 13AC Home Loans Serving, L.P. Ika Countrywide Home Loans Servicing, 1..1' s/i/i/t Countrywide I tome Loalts, Inc. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBFI?RLAND COUNTY Plaintiff V. No. 08-3876 David A. Wevodau Defendants CF,RTIFICATION OF SERVICE I, undersigned, Esquire, attorney for the Plaintiff, hereby certify that I served a true and correct copy ofthe foregoing Motion '1'o Postlxme Sheriff Sale, by United States Mail, first: class, postage prepaid, on the I st day of July, 2010, upon the following: David A. Wevoclau 625 ToNver Road Isola, Pennsylvania 17025 TERRENCE J. MCCABE, ESQUIRE: MARL S. WEISBE;RG, ESQUIRE EDWARD D. CONWAY, ESQ[JIRl' MAR.GARE'r GAIRO, ESQUIRE JUL 07 2010 BAC Home [.roans Serving, L,.P. fka Countywide Home Loans Servicing, LP s/i/i/t Countrywide Home Loans, Inc. Plaintiff v. David A. Wevodau Defendant COURT OF COMMON PI.,[ AS CUMBI:RI.-AND COUNTY n ^, Number 08-3876 c- I 'z . s -c 0R1()I?11 AND NOW, this t(r ,Pday of `- 2010, upon consideration of Plaintiff's Motion to Adjourn the Sheriff's Sale currently scheduled in the above-captioned matter for July 7, 2010, it is hereby ORI)I:;RI::D that the Sheriff's Sale ofthe property known as 625 Tower Road, Fnola, Pennsylvania 17025, is adjourned to the September 8, 2010 Sheriff's Sale. It is FURTHER ORDERED that no additional advertising cif said Sale is necessary and no new notice to the parties previously set forth in the Affidavit [ 111-suant to 3129 is required. BY TFIE COURT: mat 7. m, e? TN- J. ,?' McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans, Inc. Plaintiff Attorneys for Plaintiff COURT OF COMMON PLEAS V. CUMBERLAND COUNTY David A. Wevodau n Number 08-3876 Defendant _-? PRAECIPE TO MARK JUDGMENT/ WRIT OF EXECUTION - ?' `'rte TO PLAINTIFF'S USE - ?' TO THE PROTHONOTARY: Kindly mark the Judgment and Writ of Execution entered in the above-captioned matter to the use of Plaintiff, BAC Home Loans Servicing, LP flea Countrywide Home Loans Servicing, LP, whose address is 1800 Tapo Canyon Road, Mail Stop #SV-103, Simi Valley, CA 93063. TERRE E J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff s?; ooPd a?7 c?t? ll?O ? y Entity #: 587020 Date Filed: 04/29/2009 Pedro A. Cortes etarv of the Commonwealth F: PENNSYLVANIA DEPARTMENT OF STATE CORPORATION BUREAU Certificate of Amendment of Registration-Foreign (15 Pa.CS. 4 8585) Limited Partnership Registered Limited Liability Partnarship Registered Limited Liability Company Name Doeasaest wtl be returned to the name sad address you enter to Add" the left. City ??) y s 3 =1L 04 Zip Code FOREIGN - LIMITED PARTNERSHIP AMENDMENT 3 Page(s) Fee: 5250 In compliance with the requirements of 15 Ps-C.S. § 8585 (relating to amended certificate of registration), the undersigned, desiring to change the arrangements or other facts described in its application for registration as a foreign limited partnership, foreign registered limited liability partnership or a foreign limited liability company hereby states that: 1. The name under which the association was rcgistared (or last registered) to do business in the Commonwealth of Pennsylvania is: Countrywide Home Loans Servicing LP 2. The (a) address of its initial registered office in this Commonwealth or (b) name of its commercial regiewed office provider and the county of venue is: (a) Number and street city State 'Lip County (b) Name orQonunert:tal Registered Office ProvidertY c%: CT Corporation System 3. (If a:Micable): The address of the registered office of the association in tads Commonwealth is hereby changed to: (a) Number and street city state Zip County (b) Name of Commercial Registered Office Provider County clo: PANU - M14,2s>s c r s1+. o.w. 9nRQ ADD -in mu n: e-.+ DSCB:15-8585-2 4. {"applicable The association desires that its registration be amended to change its name to: BAG IIoae Loans Sarvicing, LP 5. l"aAWlcable. The association desires that its registmdm be amended as follows in order to reflect arrangements or other facts that have changed. The nacres ofthe general partner has obanged to: BAC OF, LLC, located at 4500 Park Granada, Calabasas, CA 91303 IN TESTIMONY WHEREOF, the undcmignad has caused this Certificate of Amendment of Registration to be signed by a duly authorized officer, member or manager thereof this 27 day of April 2009 . Countrywide Home Loans Servicing LP Name of Association Signature U SAC GP, LLC, GENERAL PARTNER BY DEVRA LINDGREN, ASSISTANT SECRETARY OF BANK OF AMERICA, NATIONAL ASSOCIATION ITS MANAGER rAMO. l*n4W iCT"m Orrpw Docketing Statement (Changes) DSC;B:15-1348 Part L Contptete for each flung.- ung. BUREAU USE ONLY: BUREAU 0 Revenue 0 Labor & industry U Other File Code Filed Date Cutrent name of entity or registrant (survivor or nnv entity if merger or consolidation): 'Countrywide Home Loans Servicing LP Entity number, if known 587020 7 lneorporstloniqual#Icatlon date in PA: 03!13!2006 State of Inc: Texas Federal BIN: g5-4797107 Specified effective date. if any Parr Il. Chock proper box. X Amendment (complete Section A) - Merger, Consolidation or Division (complete Section S.C or D) Consolidation (complete Section C) Division (complete Section D) -Conversion (complete Section A& E) _ Correction (complete Section A) -... Tenniantion (cumplute Suction H) Revival (complete Section O) ____ Dissolution before Commencement of Business (complete Section F) x Section A -Check ba:r(es) which pertain to changer: X Name: Name changed to: BAC Home Leans Servicing, LP _ Registered Office: Number & strecURD number & box number City State zip Cotmty Purpose: _.. Stock (aggregate number of abwe authorized): i Effective dgtc: _ Term of Existence: ? Other. _ Section B - Merger Complete Section A if ar y changes ro iurvtvM$ entity: Marying Entities ate: (anach sheet for o"lional incr bW eatiries) Name. Entity #, if known; Effective date: IncJqual. date in PA. State of Inc. Name: Entity 0. if known: Effective date: IncJqual. date in PA. State of tnc. I rA41I.huescrb m04Ww IiAC Home loans Serving, L.P. fl:a Countiyti~ide Home Loans Servicing, LP s/i/i/t C:ou~ttrywide I~~Tome l:.,oans. Inc. 1'laint.iff v. David A. VVevodau Defendant C.OUR'1' Of= C'OMM()N PI_.T;AS CUMBLR.LAND COt.JNTY Numbea- 08-3876 /t,fi~ ~~IUov,'y asS ~~ ~ URDisR AND NOW, this g~`"day of ~-~, 2010, upon consideration of Plaintiffs Motion to Adjourn the Sheriff's Sale currently scheduled in the above-captioned matter for September 8, 2010, it is hereby ORI)1/RED that the Sheriffs Sale of the property kno~~m as 625 "1"ower Road, Enola, Pcnns_ylvania 17(}25, is adjourned to the DecembeE• 8, 2010 Sheriffs Saie. It is F1JRT1-IIwR ORI)ER1/D that no additional adve2•lising of said Sale is necessary and no ne~~~ notice to the parties previously set forth in tl}e Affidavit Pursuant t.o l'a.R.C.f. 3129 is required. i'~s r»~ ! C£C~ ~' ~~ ~ ~~~ t7 . ~.c~FfJ~.~.., 4~~ l rv ~,rYl f3Y Tl•~f1 COURT; c `-? ~ ~ ~-; `~ rn~ .~''''~ ,z, J. C~; m -; ~~ ~ ~~ 4' ~ G McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Serving, L.P. fka Countrywide Home Loans Servicing, LP s/i/i/t Countrywide Home Loans, Inc. Plaintiff V. David A. Wevodau Defendant Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 08-3876 MOTION TO ADJOURN SHERIFF'S SALE cz? - '-M ? --n Plaintiff, BAC Home Loans Serving, L.P. fka Countrywide Home Loans Servicing, LP s/i/i/t Countrywide Home Loans, Inc., by and through its attorney, the undersigned, moves this Honorable Court for an Order adjourning the Sheriffs Sale scheduled for December 8, 2010 and avers as follows: I . Plaintiff filed a Writ of Execution, as well as the Affidavit required by Pa.R.C.P. 3129, in order to list the property known as 625 Tower Road, Enola, Pennsylvania 17025 for the March 3, 2010 Sheriffs Sale. 2. Plaintiff postponed Sheriffs Sale from March 3, 2010 to May 5, 2010 because of pending issues with the Department of Environmental Protection. 3. Plaintiff postponed Sheriffs Sale from May 5, 2010 to July 7, 2010 because of pending issues with the Department of Environmental Protection. 4. Plaintiff postponed Sheriff s Sale from July 7, 2010 to September 8, 2010 because of pending issues with the Department of Environmental Protection. 5. Plaintiff postponed Sheriffs Sale from September 8, 2010 to December 8, 2010 because of pending issues with the Department of Environmental Protection. Plaintiff requests that the Sale for December 3, 2010 be adjourned to February 2, 2011 as the lender has placed the foreclosure on hold pending document review. 7. Plaintiff has complied with all the pertinent statutory and procedural rules of court governing the listing of real property for Sheriffs Sale. Neither the parties hereto nor the parties previously set forth in the Affidavit Pursuant to Rule 3129 will be prejudiced by the adjournment of the Sheriffs Sale. WHEREFORE, Plaintiff prays that this Honorable Court grant an Order adjourning the Sheriffs Sale of the property known as 625 Tower Road, Enola, Pennsylvania 17025 to the February 2, 2011 Sheriffs Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 being required, except for an announcement be made at the sale currently scheduled for December 8, 2010. TERRENCE J. MCCABE, ESQU MARC S. WEISBERG, ESQU EDWARD D. CONWAY, ESQU MARGARET GAIRO, ESQUIRE Attorneys or laintiff MATTHEW J. ESHELMAN, ESQUIRE Local Counsel McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Serving, L.P. fka Countrywide Home Loans Servicing, LP s/i/i/t Countrywide Home Loans, Inc. Plaintiff v. David A. Wevodau Defendant Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 08-3876 MEMORANDUM OF LAW Plaintiff requested that the Sheriff's Sale originally scheduled for March 3, 2010 be continued to the May 5, 2010 Sheriffs Sale. Plaintiff requested that the Sheriff s Sale scheduled for May 5, 2010 be continued to the July 7, 2010 Sheriffs Sale. Plaintiff requested that the Sheriff's Sale scheduled for July 7, 2010 be continued to the September 8, 2010 Sheriffs Sale. Plaintiff requested that the Sheriff's Sale scheduled for September 8, 2010 be continued to the December 8, 2010 Sheriff s Sale. Plaintiff at this time requests that the Sheriffs Sale set for December 8, 2010 be adjourned to February 2, 2011 as the lender has placed the foreclosure on hold pending document review. Pursuant to Pa.R.C.P. 3129.3, the Court has the discretion to adjourn a Sheriffs Sale and dispense the requirement of new notice. WHEREFORE, Plaintiff prays that a special order of court be granted and the Sheriffs Sale of the property known as 625 Tower Road, Enola, Pennsylvania 17025 be adjourned to the February 2, 2011 Sheriffs Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 being required, except that an announcement be made at the sale currently scheduled for December 8, 2010. ? / -10, TEMMNCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIltE EDWARD D. CONWAY, ESQU MARGARET G IRO, ESQU Attorneys f r laintiff MATTHEW J. ESHELMAN, ESQUIRE Local Counsel VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. MARC S. WEISBERG, E; EDWARD D. CONWAY, MARGARET GAIRO, ES McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Serving, L.P. fka Countrywide Home Loans Servicing, LP s/i/i/t Countrywide Home Loans, Inc. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff V. No. 08-3876 David A. Wevodau Defendants CERTIFICATION OF SERVICE I, undersigned, Esquire, attorney for the Plaintiff, hereby certify that I served a true and correct copy of the foregoing Motion To Postpone Sheriff Sale, by United States Mail, first class, postage prepaid, on the 3`d day of December, 2010, upon the following: David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 TERRENCE J.`i fCCABE, ESQUI MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUE MARGARET GAIRO, ESQUIRE !SEC 0 8 Z01O BAC Home Loans Serving, L.P. fka Countrywide Home Loans Servicing, LP s/i/i/t Countrywide Home Loans, Inc. Plaintiff V. David A. Wevodau Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 08-3876 ORDER AND NOW, this 9 day of', 2010, upon consideration of Plaintiffs Motion to Adjourn the Sheriffs Sale currently scheduled in the above-captioned matter for December 8, 2010, it is hereby ORDERED that the Sheriff s Sale of the property known as 625 Tower Road, Enola, Pennsylvania 17025, is adjourned to the February 2, 2011 Sheriffs Sale. It is FURTHER ORDERED that no additional advertising of said Sale is necessary and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 is required. BY THE COURT: C-11 c .'T? t 't7 -, J. Cary { C-n ?- ''i r, -p C1 `' r"E i WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3876 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, L.P. FKA COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff (s) From DAVID A. WEVODAU (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: $125,938.72 L.L.: Interest from 8/29/08 $24,736.50 AT $20.70 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $1,251.00 Other Costs: Plaintiff Paid: Date: 8/30/11 avid D. Buell, rothonotary (Seal) By: Deputy REQUESTING PARTY: Name: MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P. V. David A. Wevodau FILE NO.: 08-3876 Civil Term AMOUNT DUE: $125,938.72 a INTEREST: from 08/29/08 $24,736.50 at $20.70 ATTY'S COMM.: C) COSTS: n w O N ?:s Y :y- -1.1 ate. TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or 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 or 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) 625 Tower Road Enola Pennsylvania 17025 (More fully described as 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 personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: AuQUst 26, 2011 Q 0-1-w C?8 WA-1 4 3, 00 C18F a ?. 00 tt 3 le .00 li c i 1 lo. oD" `? CI V o?. SCE" `? 14, o 0 'a L4. oa aLpd., oe 4 Signature: AA21.; Print Name: argar Gairo, Esquire Firm: MCCABE, WEISBERG AND CONWAY Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 34419 JLa 6, % a.M 't? C11111 N8119,9 24y 019 ??tk C? ?SS McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - 1D #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P. Plaintiff V. David A. Wevodau Defendant Attorneys for Plaintiff C? -C:) P. a - C) CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 08-3876 AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 625 Tower Road, Enola, Pennsylvania 17025, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. Name and address of Owner or Reputed Owner Name Address David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 2. Name and address of Defendant in the judgment: Name Address David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein Name and address of every other person who has any record lien on the property: Name None Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name East Pennsboro Township Address 98 S Enola Dr Enola, Pennsylvania 17025 Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 625 Tower Road Enola, Pennsylvania 17025 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States 8. Name and address of Attorney of record: Name None c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. km r, - August 26, 2011 Margaret giro, Esquire DATE Attorney f r Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P. Plaintiff V. David A. Wevodau Defendant „ Etoji: e`"jsi,ktrPlaintiff i 4 .. Pt ,'i'( tV30('i X31l?,UG3t? PM 2:23 ;`CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 08-3876 AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing address of the Defendant is: David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 SWORN AND SUBS UTY BEFORE ME TH AY OF , 20 1 N??A NOTARY PUBLIC .:MM0Ix 6tE. ., u' NOTARIAL 42 r-- i«. Barbara I Moyer- Notary Public Chy of Philadelphia, Philadelphia County MY COMMISSION EXPIRES JAN, 12, 2014 arga t Gairo, Esquire Attor y for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff MOD cn W CD` T. - s Z C J N) C ? CIVIL ACTION LAW BAC Home Loans Servicing, L.P. tka Countrywide Home Loans Servicing, L.P. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. David A. Wevodau Number 08-3876 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 Your house (real estate) at 625 Tower Road, Enola, Pennsylvania 17025 is scheduled to be sold at Sheriffs Sale on December 7, 2011 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $125,938.72 obtained by BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to BAC Home Loans Servicing, L.P. tka Countrywide Home Loans Servicing, L.P. the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 0111,,x,, of r144,0 3Ef'1 BAC Home Loans Servicing, L.P. vs. David Adam Wevodau Case Number 2008-3876 SHERIFF'S RETURN OF SERVICE 09/28/2011 01:42 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 625 Tower Road, Enola, PA 17025, Cumberland County. 09/28/2011 01:42 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: David Adam Wevodau, pursuant to Order of Court by "Posting" the premises located at 625 Tower Road, East Pennsboro Township, Enola, PA 17025, Cumberland County with a true and correct copy according to law. 12/05/2011 As directed by Terrence McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/4/2012 01/04/2012 Ronny R. Anderson, Sheriff, 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 Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania or January 4, 2012 at 10:00 am. He sold the same for the sum of $1.00 to Attorney Terrence McCabe, on behalf of the Federal National Mortgage Assocation at 1900 Market Street, Suite 800, Philadelphia, PA 19103. Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of $942.91. 01/30/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that this writ is returned STAYED. SHERIFF COST: $942.91 SO ANSWERS, February 07, 2012 RON R ANDERSON, SHERIFF ,?? ,? `7 v X31 McCABE, WEISBERG AND CONWAY, P.C. • BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MAAC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 7904 010 BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P. Plaintiff V. David A. Wevodau Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 08-3876 AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 625 Tower Road, Enola, Pennsylvania 17025, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. Name and address of Owner or Reputed Owner Name Address David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 2. Name and address of Defendant in the judgment: Name Address David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: r Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address East Pennsboro Township 98 S Enola Dr Enola , Pennsylvania 17025 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 625 Tower Road Enola, Pennsylvania 17025 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8" Street Inheritance Tax Office Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department 4280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. August 26. 2011 Margaret iro, Esquire DATE Attorney f 6r Plaintiff McCABE, W'EISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1011) CIVIL ACTION LAW BAC Home Loans Servicing, L.P. flea Countrywide COURT OF COMMON PLEAS Home Loans Servicing, L.P. CUMBERLAND COUNTY V. David A. Wevodau Number 08-3876 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: David A. Wevodau 625 Tower Road Enola, Pennsylvania 17025 Your house (real estate) at 625 Tower Road, Enola, Pennsylvania 17025 is scheduled to be sold at Sheriffs Sale on December 7, 2011 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $125,938.72 obtained by BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P. the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY • AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, wit: BEGINNING at a point in the center of Mountain Road, also known as Miller's Gap Road, one hundred eighty-five (185) feet South of the Southeast corner of lands now or formerly of Grover Kauffman and nine hundred fifty-two and one-tenth (952.1) feet North of an iron pipe at the intersection of said road and the state highway leading from Summerdale to Wertzville; thence along the center line of said Mountain Road, South twenty-one (21) degrees thirty (30) minutes East for a distance of one hundred ten (110) feet to a point; thence along other lands formerly belonging to Leo Cool and Esther Cool, his wife, former grantors of the land herein, a Southwestwardly direction for a distance of four hundred thirty-five (435) feet, more or less to lands now or formerly of Joseph Intrieri; thence, North thirteen (13) degrees twenty-eight (28) minutes West by lands now or formerly of Joseph Intrieri for a distance of ninety (90) feet to a point at other lands of Leo Cool and Esther Cool, his wife, former grantors of the land herein; thence North sixty-five (65) degrees twenty-three (23) minutes East by other lands of Leo Cool and Esther Cool, his wife, former grantors of the land herein, for a distance of four hundred twenty (420) feet, more or less, to a point the point of beginning. BEING now known as 625 Tower Road, Enola, Pennsylvania 17025 Tax Parcel #09-12-2990-017 Dwelling known as 625 Tower Road, Enola, Pennsylvania 17025. BEING the same premises which DAVID A. WEVODAU AND MELINDA R. WEVODAU by deed dated March 21, 2006 and recorded May 24, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 274, Page 3461, granted and conveyed to David A. Wevodau in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3876 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, L.P. FKA COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff (s) From DAVID A. WEVODAU (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: $125,938.72 Interest from 8/29/08 $24,736.50 AT 520.70 Atty's Comm: % Atty Paid: $1,251.00 Plaintiff Paid: Date: 8/30/11 (Seat) L.L.: Due Prothy: $2.00 Other Costs: Deputy REQUESTING PARTY: Name: MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 TRUE COPY FROM RECORD in Testimony whereof, l here unto set my hand and :he sea; of said Court at Carlisle, Pa. This `3U day of 20 ?2?rotnor?o±ary On September 2, 2011 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 625 Tower Road, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date September 2, 2011 By: `a. C Real Estate Coor inator ?JN111?J?1?J k I t} CUMBERLAND LAW JOURNAL Writ No. 2008-3876 Civil BAC Home Loans Servicing, L.P. vs. David Adam Wevodau Atty.: Terrence McCabe ALL THAT CERTAIN tract of land with the improvements thereon erected situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center of Mountain Road, also known as Miller's Gap Road, one hundred eighty-five (185) feet South of the Southeast corner of lands now or formerly of Grover Kauffman and nine hundred fifty-two and one-tenth (952.1) feet North of an iron pipe at the intersection of said road and the state highway leading from Summer- dale to Wertzville; thence along the center line of said Mountain Road, South twenty-one (21) degrees thirty (30) minutes East for a distance of one hundred ten (110) feet to a point; thence along other lands formerly be- longing to Leo Cool and Esther Cool, his wife, former grantors of the land herein, a Southwestwardly direction for a distance of four hundred thirty- five (435) feet, more or less to lands now or formerly of Joseph Intrieri; thence, North (13) degrees twenty- eight (28) minutes West by lands now or formerly of Joseph Intrieri for a distance of ninety (90) feet to a point at other lands of Leo Cool and Esther Cool, his wife, former grant- ors of the land herein; thence North sixty-five (65) degrees twenty-three (23) minutes East by other lands of Leo Cool and Esther Cool, his wife, former grantors of the land herein, for a distance of four hundred twenty (420) feet, more or less, to a point the point of beginning. Tax Parcel #09-12-2990-017. Dwelling known as 625 Tower Road, Enola, Pennsylvania 17025. BEING the same premises which DAVID A. WEVODAU AND MELINDA R. WEVODAU by deed dated March 21, 2006 and recorded May 24, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 274, Page 3461, granted and conveyed to David A. Wevodau in fee. 84 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: October 21, October 28, and November 4, 2011 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 ?Y`a Marie Coyne, Edir,6r SWORN TO AND SUBSCRIBED before me this a of November, 201 Notary / NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 26, 2014 The Patriot-News Co., 204 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE 14e Patriot News Now you know 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 Holly Blain, 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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! Community Weekly 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 behaif 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: 10/21/11 10128111 11104/11 ber, 2011 A. D. Notary Public MONWMI.TH OF PENNSYLVANIA NoW811 Seed Sherrie L. Owens, NOW Y W* tower ftAon Twp., Deuphln Cw* ry co1iNrNS w Egim Nov. 26 2015 MEMBER,PENNMVANU ASSOCiATldN Of NOTARIES the patriot-Xews Now you know P. O. BOX 2265 HARRISBURG, PA 17105 (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT. # 2260 DUPLICATE BILL 10/21/11 10/28/11 11/04/11 Of Ad Sheriff Sale 3876 8.22 $12.00 $ 98.64 Sheriff Sale 3876 8.22 $12.00 $ 98.64 Sheriff Sale 3876 8.22 $12.00 $ 98.64 Notary Fee I I I I I 1 $5.00 TOTAL DUE FOR THIS SALE: $ 300.92 JLC McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans, Inc. Plaintiff Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY V. David A. Wevodau and Defendants No. 08-3876 ASSIGNMENT OF BID AT SHERIFF'S SALE Countrywide Home Loans, Inc., was the successful bidder at the Sheriffs Sale conducted by the Sheriff of Cumberland County on the 4th day of January, 2012. Countrywide Home Loans, Inc., hereby assigns its bid for $1.00 and other valuable consideration to Federal National Mortgage Association, without recourse for the property known as 625 Tower Road, Enola, Pennsylvania 17025. By. t. zz? Edward . Conway, Esquire Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND f SS: I, Robert . P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mortgage Association is the grantee the same having been sold to said grantee on the 7 day of December A.D., 2011, under and by virtue of a writ Execution issued on the 30 day of August, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 3876, at the suit of BAC Home Loans ServicingLL.P. flk/a Countrywide Home Loans Servicing L.P. against David A. Wevodau is duly recorded as Instrument Number 201203959. IN TESTIMONY WHEREOF, I have hereunto set my hand - and seal of said office this day of A.D. p der of D eeds 4jR Cou?r, Ca a e? s MY Conres ::.r l rst kiondaY of Jen. 2014 000 VOW BAC 60M UMl A ?-p Orwld Aar Or. ALLiva ClaxwAmataf oo: thd;improvements thereon eroded sltaW inEastPea Courriy, PIMWIWAD* tore P1` bounded aW4AV 4wdat$*W^ to Of- I3EG1NNfSiO ata°p? ? the Qeater of MatntainRr>/d, ?0 ltaoiva ? I?fllka's Gap Road, c ae?WWW r (lft5} feet SoWhoftheSMhmO now or umoffa(Grgm rwAwn, and nine Imkod$( y4" and otte-tenth (9521) feet North of an irm pipe at the iateraaa?aauuf>aidtna?datrritht:atate .; hiOr+?ylow tkm AR w"MA11e tbeaoe a lag Ow co l rim of said fvkwmtaiam"Ok 601001 (21)x° diatanoe ? wee hates ??1? ? a point; thence along Odw belonging to Leo Cool and ,sthei Cool, his wife, former afthe land m, a Sou djV6dwfor a= of four th -five (445) feet, niore or less to lands now of k merly of Joseph Intrieri; theme, North 13 tw n y- eight (28} minutEs now"PT format Pi ft a distance of (00 feet to a pmt at other lands of LeoCIM a&FAesC* W Wk former graatontefthe, bind kv* laartee ATE suty-five((A)de8aeeth =Ytre 11) ,Mtvj'BWbrotW W*ufLeai0ooi and Brlhor Cool, his wife, fartaet VGfito x of the lattbortin, for a d dim hundred """Mask orks, to a point Im pow, of lea Paicel ?i9.1?- -` Dweller littcnNk as 61S''nbMer Road, Ebola, penn4yivania 170. Epp} ?a :graDAVID A. W9VipfJAkl AND 1M.IPif A IL WEVODAU14t&W dated Much 21, 2006 and rewrdod'Wi4, 2 u t keedice of the Ite"*iik at f*cuwedw Cmjjy *)OkV4, Pie 34$1> Wevodau in fee. 4'_ .