HomeMy WebLinkAbout09-3291'GOLDBECK McCAFFERTY & McKEEVER
BY: MICHAEL T. MCKEEVER
ATTORNEY I.D. #56129
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106
(866) 413-2311
WWW.GOLDBECKLAW.COM
ATTORNEY FOR PLAINTIFF
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE
FOR THE SPECIALTY UNDERWRITING AND
RESIDENTIAL FINANCE TRUST MORTGAGE LOAN
ASSET-BACKED CERTIFICATES SERIES 2007-BC2
14523 SW Millikan Way
Suite 200
Beaverton, OR 97005
Plaintiff
vs.
ANTHONY G. SFERLAZZA
Mortgagor and Record Owner
120 East Dauphin Street
Enola, PA 17025
Defendant
Term (lll, l
No.6?- 3a?1/
???gC?pN:
LpSURE ®RT?gGE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following pages,
you must take action within twenty (20) days after the Complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the Court without further notice for any money claim in the Complaint
of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
AVISO
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS
QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO
DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES
NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
' PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA
DEMANDA.
RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL
PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A
FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES
DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER
DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN
ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA
PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE
INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS
ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT
A DEBT OWED TO OUR CLIENT ANY INFORMATION OBTAINED FROM YOU
WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
Resources available for Homeowners in Foreclosure
ACT NOW!
Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you
still may be able to SAVE YOUR HOME FROM FORECLOSURE.
1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-
243-9400.
2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling.
3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes.
4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners
in default. Please See the PHFA website htip://www.Dhfa.orp/consumers/homeowners/real aspx.
5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home
Retention options.
6). Foreclosure Resource Center: hgp://www.nhiladelvhiafed.orp-/foreclosure/
7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage
or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email
at homeretentionna goldbecklaw com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or
package you requested will be mailed to the address that you request or faxed if you leave a message with that
information. The attorney in charge of our firm's Homeowner Retention Department is Courtenay Dunn who
can be reached at 215-825-6311 or Fax: 215-825-6411. Please reference our Attorney File Number of 81073FC.
Para informacion en espanol puede communicarse con Loretta a1215-825-6344.
This Action of Mortgage Foreclosure will continue unless you take action to stop it.
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY
UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED
CERTIFICATES SERIES 2007-BC2, 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005.
2. The names and addresses of the Defendant is ANTHONY G. SFERLAZZA, 715 Lebeau Street, Arabi,
LA 70032, who is the mortgagor and record owner of the mortgaged premises hereinafter described.
3. On January 08, 2007 mortgagors made, executed and delivered a mortgage upon the Property hereinafter
described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ACTING SOLELY AS
NOMINEE FOR WILMINGTON FINANCE, INC., which mortgage is recorded in the Office of the
Recorder of Deeds of Cumberland County as Book: 1984 Page: 4087. The mortgage has been assigned
to: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY
UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED
CERTIFICATES SERIES 2007-BC2 by assignment of Mortgage. Plaintiff is the real party in interest
pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an
Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of
Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record
and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g);
which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents
are matters of public record.
4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit
"A" ("Property").
5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid
for December 01, 2008 and each month thereafter and by the terms of the Mortgage, upon default in
such payments for a period of one month or more, the entire principal balance and all interest due and
other charges are due and collectible.
6. The following amounts are due to Plaintiff on the Mortgage:
Principal Balance ..................................................................................$104,834.41
Interest from 11/01/2008 through 04/30/2009 at 8.9900% .......................$4,673.42
Per Diem interest rate at $25.82
Reasonable Attorney's Fee at 5% of Principal Balance
as more fully explained in the next numbered paragraph ...................$5,241.72
Late Charges from 12/01/2008 to 04/30/2009 .............................................$213.44
Monthly late charge amount at $42.69
Costs of suit and Title Search ......................................................................$900.00
Property Inspection Fee .................................................................................$22.00
Bpo ...............................................................................................................$130.00
$116,014.99
7. If the Mortgage is reinstated prior to a Sheriffs Sale, the Attomey's Fees set forth above may be less
than the amount demanded based on work actually performed. The Attorney's Fees requested are in
conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up
to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at
Sheriff s Sale or if the complexity of the action requires additional fees in excess of the amount
demanded in the Action.
8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the
Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such
right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding,
this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that
was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to
Pennsylvania law.
9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has
been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the
Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s)
attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within
the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant
through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit
Counseling Agency.
WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $116,014.99,
together with interest at the rate of $25.82, per day and other expenses, costs and charges incurred by the
Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law
until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property.
By:
GOLDB CK OcC FERTY & McKEEVER
BY: MICHAEL T. MCKEEVER, ESQUIRE
ATTORNEY FOR PLAINTIFF
VERIFICATION
NAOMIHERNANDEZ
as the representative of the Plaintiff corporation
within named do hereby verify that I am authorized to and do make this verification on behalf of the
Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the
best of my knowledge, information and belief. I understand that false statements therein are made
subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities.
Date: y - j
W
U.S. BANK NATIONAL ASSOCIATION,)
AS TRUSTEE FOR THE SPECIALTY
UNDERWRITING AND RESIDENTIAL
FINANCE TRUST MORTGAGE LOAN
ASSET-BACKED CERTIFICATES
SERIES 2007-BC2, BY WILSHIRE
CREDIT CORPORATION ITS
A.TTORNEAT TAT ?T
Wilshire Credit Corporation,
Authorized Servicing Agent.
#81073FC - ANTHONY G. SFERLAZZA
120 East Dauphin Street Enola, PA 17025
?W,?v
INSTRUMENT PREPARED BY AND
WHEN RECORDED MAIL TO:
Wilshire Credit Corporation
14523 SW Milliken Rd. #200
Beaverton, OR. 97005
Loan: 4645101
MIN 100372406123864735
APN / Tax ID:
This area for recording office use
Uorporate Assignment of Mortgage/Deed of Trust
Dated 0423/07
FOR VALUE RECEIVED, the undersigned hereby grants, assigns and ttansfas to
U.S. Bank National Association, as Trustee for the Specialty Underwriting and Residential Finance Trust
Mortgage Loan Asset Backed Cerdficates Soria 2007-BC2
with an address of60 Livingston Avenue, Corporate Tract, St. Paul, MN 55101
All beneficial interest under that certain Mortgaga/Deed of Trust dated and executed by ANTHONY G.
SFERLAZZA the original lender being WILMINGTON FINANCE, INC, in the original amount of$106,200.00
Recorded on 03/12!2007 in book 1984 at page 4087 as Instrument No._ of Official Records in the County
Recorder's office ofCUMBERLAND, State of Pennsylvania.
Property Address: 120 E DAUPHIN ST, ENOLA, PA 170252407
See attached legal description
Together with the note or notes therein described or referred to, the money duce andto become due thereon with
interest, and all rights accrued or to accrue under this MortgagdDeed of Trust
Merrill Lynch Mortgage Lending, Inc. By Wibhire Credit
Corpo ton, its Attorney in Fact
Name: Tfrova Moroland
Title: Collateral Control Team Lead
4e=MK=-iniSingh
Loan:4645101
MIN 100372406123864735
STATE OF OR
COUNTY OF Washington
On 5/12aM before me, Chad D. Traver, Notsry Public, Personally appeared 'Neva Mordaimi, who is the
Collateral Control Team Lead of Wilshire Credit Corporation, Personally lmown to me or poved to me on the
basis of satisf ictory+ evidence to be the person(s) whose name(s) is/an subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies? and that by
hisiher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
I do certify that the precise address
of the within named Assignee is
60 Livingston Avenue, Corporate Trust; St. Paul,
MN 55101.
VNa0Tr'WW C(I 238
COMMIULY a 201Q
W
-- le?4 AV -'s-9
Chad . Traver, Notary Public
EXhibitA
Legal Docription
ALL, THAT CERTAIN house and lot of ground, situate in Enola, East Peausboro
Township, Cumberland County, PA, bounded and described as follows, to wit:
BEGINNING at a point is the southerly Use of Dauphin Street at the distance of
11$182 feet measured eastwardly along said Hue of strut from then d
extremity of the are or carve having a radius of 10 feet connecting the easterly
lee of Wyoming Avenue with the said southerly line of Dauphin Street; extending
eastwardly along said line of Dauphin Street carving toward the right with a radius
of 292.838 fat, a distance ai107309feet; thence passing through the middle of the
party wall between the house on this lot and the house on the lot adjoining on the
East. Sowth 33 degrees 47 minutes 07 semids West 127AG feet; dwee North 10
degrees 20 minutes west 130.718 fed to the Place of BEGINNING.
HAVING THEREON erected a dapim dwelling house known end numbered as 120
East Dauphin Street.
BEING Parcel No. 09-14-0832-152
OKI984PG4103
Exhibit B
r'te`Wilshirew
February 2, 2009
CERTIFIED RETURN RECEIPT AND REGULAR FIRST CLASS MAIL
LI78G
SFERLAZZA, ANTHONY G
120 E DAUPHIN ST
ENOLA, PA 170252407
RE: Loan No.: 4645101.
Wilshire Credit Corporation
Payments
P.O. BOX 105344; Atlanta, GA 30348-5344
or PA. Box 105344; Atlanta, GA 30348.5344
Cortsepondsnce
P.O. Box 8517; Portland, OR 97207-8517
Phone
888.502.0100
Fax
503.952.7476
Website
https://www.wcc.mtcom
ACT 91 NOTICE
TAKE ACTION TO SAVTE
YOUR HOME FROM
F ORECLOSURE
(Continuso
YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION
PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE
OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE
COLLATERAL PROPER'T'Y. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE
htW://www,W.staarn.us/Qadc/cademaimcfm. NEW YORK CITY: License 1032551. NORM CAROLINA: Permit 3840. TENNESSEE: This collection army is
licensed by the Collection Servict Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan
Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded.
L178G
SFERLAZZA, ANTHONY G
Loan No.: 464510 i
Page 2
February 2, 2009
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE
ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMtDIATAMENTE LLAMANDO
ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA,, PUEDE SER ELEGIBLE PARA UN PRtSTAMO POR EL
PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A
REDIMIR SU HIPOTECA.
HOMEOWNERS' NAME(S): SFERLAZZA, ANTHONY G
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
120 E DAUPHIN ST
ENOLA, PA 170252407
4645101
WILMINGTON FINANCE, INC.
Wilshire Credit Corporation
OMEOWVINER'S EMERGENCY MORTGAGE ASSISTANCE
H
PROGRA
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY
MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
(Continueo
YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFO
RMATION
PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE
OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE
COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT 'THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE
httP:'tw-,ago.state.ca.ustcadrJcadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is
licensed by the Collection Service Board of the Deptutment of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S. W. Miilikan
Way. Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 3:00 Dm Pacific time, holidays excluded.
L178G
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact an attorney in your area. The local bar association may be
able to help you find a lawyer.
SFERLAZLA, ANTHONY G
Loan No.: 4645101
Page 3
February 2, 2009
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
'j,EM[PQRARY STAY OF FOREri? LOUML- Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing).
During that time you must arrange and attend a "face -to-face" meeting with one of the consumer credit
counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WiTliiN
THIRTY-THREE QM DAXQF T DATE OF MW 111 TICL IF YOU DO NOT APPLY FQJ
EME-90ENCY MORTGAGE ASSISTANCE, YOU MUSS' 13RING YOUR MORTGAGE UP TO OATE.THE
PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MQRTGACLrE DEFAULT" EXPLA SjN HOW
TO BRING YOUR MORTGAGE UP TO DATE. You must have a face-to-face meeting with one of the
designated consumer credit counseling agencies within thirty-three (33) calendar days.
COj1]SUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling
agencies listed at the end of this Notice, the lender may NOT take action against you for thirty(30) days after the
date of this meeting. The names. addresses and telephone numbers of esigRated consyglgr cr 't counseling-
agencies for the counly i which the propsa is located are set forth at the end of this Notice. It is only
necessary to schedule one face-to-face meeting. Advise your lender immediate,]y of your intentions.
APPLICATION FOR MORTGAGE ASSLSTA_NCE - Your mortgage is in default for the reasons set forth
later in this Notice (see following pages for specific information about the nature of your default.) You have the
right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do
so, you must fill out, sign and file a completed Homeowner's Emergency Mortgage Assistance Program
Application with one of the designated consumer credit counseling agencies listed at the end of this Notice.
Only consumer credit counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender
from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty(30)
days of your face-to-face meeting with the counseling agency.
YOU SHOULD FILEA HEMAPAPPLICATION AS SOON AS POSSIBLE, IF YOUHAVEA MEETING WITHA
COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE do FILE AN
APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE
TEMPORA RIL Y PREVENTED FROM STAR TINGA FORECLOSURE AGAINST YOUR PROPERTY, AS
EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORCLOSURE".
YOU HAVE THE RL99170 FILE jj HEMAP APPLICATION EVEN R YOND TIIEE FLUE PERIODS, A LATE
APPLICATION WILL NOT PREVENT THE LENDER FIOMSTARTING A FORECLOSUREACTION, BUT IF
YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE
FORECLOSURE WILL BE STOPPED.
(Continue o
YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION
PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE
OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT. BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE
COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE
http://www.ago.state.co,us/caddcadrmain.ct. NEW YORK CITY: License 1032531. NORTH CAROLINA: Permit 3$46. TENNESSEE: This collection agency is
licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is Licensed to do business at 14523 S.W_ Millikan
Way, Beaverton, OR. W ilshire's office haul are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded.
L178G
SFERLAZZA, ANTHONY G
Loan No.: 4645101
Page 4
February 2, 2009
A-GINCXA jON -Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance
Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure
proceedings will be pursued against you if you have met the time requirements set forth above. You will be
notified directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE
FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT Bring i=ll to date.)
NATURE OF THE DEFAULT The MORTGAGE debt held by the above lender on your property
located at:
120 E DAUPHIN ST
ENOLA, PA 170252407
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following
amounts are now past due:
Your loan is delinquent for the following months: December 2008, January 2009, February 2009.
Past Due Installments: Totals
Principal $206.64
Interest 2,354.61
Escrow Installment 591.37
Other Ones Charges: Prior Servicer Charste WCC Charges
Late Charges $0.00 $128.07
Property Inspections 0.00 11.00
Less Suspense (Balance)
TOTAL
$3,152.62
$128.07
11.00
$139.07
$0.00
$3,291.69
(Continued
YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION
PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE
OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE
COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE
hire:/lwww.ago.state.co.uslcadclcadcmain.c,fm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE- This collection Wncy is
licensed by the Collection Service Board of the Department of Commerce and insurance. Wilshire Credit Corporation is licensed to do business at 14523 S_W. Millikan
Way, Beaverton. OR. W ilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded.
L178G
SFERLAZZA, ANTHONY G
Loan No.: 4645101
Page 5
February 2, 2009
IJ12W 10 CURE & DEFAUL - You may cure the default within THIRTY (30) DAYS of the date of
this notice BY PAYINF THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$3,291.69, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check.
certified check or money order made payable and cent t?-
Wilshire Credit Corporation
P.O. Box 7195
Pasadena, CA 91109-7195
IFYOU DO NOT CURE THE„DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the
date of this Notice, the lender hs#emis to e:gre se Its hts to accelerate JktAuujn& d. • This means that
the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to
pay the mortgage in monthly installments. If full payment of the total amount past due is not made within
THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action toiorecluse upon your
mo gaged pMa"
IF E MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay
off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the
lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that
were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay
all reasonable attorney's fees actually incurred by the lender even if they exceed $ 50.00. Any attorney's fees
will be added to the amount you owe the lender, which. may also include other reasonable costs. If von cure the
default within [bg M RTY (0) DAY period ygu.will not re uireto pia a pia yes fees,
OTHER LENDER REMEn S - The lender may also sue you personally for the unpaid principal balance and
all other sums due under the mortgage.
ic>< . I ><u uuitL -Llj 1)I FA : f PI 'OR O Sy TRIFFrS SALE - If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you ill have right to cum .the
by the lender. and by w&rming any other reaireents under the mo, ctg?oa Coring your defau# in the
manner set forth in this notice will restore your mortgage to the same position ss If you had never
defaulted
EARLIEST P IB >EgiiRIFF. i AT - It is estimated that the earliest date that such a Sheriffs
Sale of the mortgaged property could be held would be approximately eight (8) months from the date of this
Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the
amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what
the required payment or action will be by contacting the tenderlservicer.
(Continued)
YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION
PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE
OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE
COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE
http://www.ago.sute.co.oleaddcademain,cfrn. NEW YORK CCTV: License 1432551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is
licensed by the Collection Service Board of the Deportment of Commerce and Insurance- Wilshire Credit Corporation is licensed to do business at 14523 S. W. Millikan
Way, Beaverton, OR. W ilshire's office hours are Monday - Friday 6:00 am to 5:0D pin Pacific time, holidays excluded.
L178G
SFERLAZZA, ANTHONY G
Loan No.: 4645101
Page 6
February 2, 2009
Name of Lender/Servicer:
Address:
Phone Number:
Fax Number:
Contact Person(s):
&Mail Address:
Wilshire Credit Corporation
P.O. Box 8517
Portland, OR 97207-8517
888.917.1050
503.946.3848
Hoili Jennings or David Solomon
Ioanworkoutgenend*wcc.mL eom
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a
lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time.
A,SSUR[PTION OF MORT A =E - You _ may or X may not (CHECK ONE) sell or transfer your home to
a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and
attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are
satisfied.
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS
DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS
RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR
YEAR.)
+ TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
(Continued
YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBTCOLLECTOR. ANY INFORMATION
PROVIDED BY YOU WILL. BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE
OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE
COLLATERAL. PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE
http:/twww.rho.state.co.usicsdclcadcmain.cfm, NEW YORK C[TY: License 1032551. NORTH CAROLINA: Permit 3&10. TENNESSEE: This collection agency is
licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Miliikan
Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded.
Ll i$G
SFERLAZZA, ANTHONY G
Loan No.: 4645101
Page 7
February 2, 2004
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Enclosed is a list of Consumer Credit Counseling Agencies serving your county.
Sincerely,
Wilshire Credit Corporation
Enclosures: PHFA list of HEMAP-approved agencies,How to Avoid Foreclosure
YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION
PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE
OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE
COLLATERAL PROPERTY. COLORADO; FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE
http:/Iwww.ago.stow.co.us/eadcJca&inain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 390. TENNESSEE: This collection agency is
licensed by the Coilmion Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Milliken
Way, Beaverton, OR. Wilshire's office horns are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded.
1.1786
W Wilshirr
United States Department of Housing and
Urban Development Servicemembers
Civil Relief Act Notice
Servicemembets on "active duty" or "active service," or a dependent of such a servicemember may be entitled to certain legal
protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 U.S.C App. 501, et seq.) (SCRA).
Who May Be Entitled to Legs] Protections Under the SC„RA?
• Active duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard, and active service National Guard;
• Active servicemembers of the commissioned corps of the National and Atmospheric Administration;
• Active servicemembers of the commissioned corps of the Public Health Service;
• United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a
war or military action; and
• Dependants of the above (e.g., spouse or children).
What al Protections Are Servieemembers Entitled to Under the S -RA2
• The SCRA states that a debt incurred by a servicemember, or spouse jointly, prior to entering military service shall not bear
interest at a rate above 6 percent during the period of military service.
• The SCRA states that in a legal action to enforce a debt against real estate that is filed during, or within 90 days after the
servicemember's military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the
sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within 90 days, after the servicemember's
military service unless the creditor has obtained a court order approving the sale, foreclosure, or seizure of the real estate.
A servicemember or dependent, or both, may request relief under the SCRA by providing the lender/servicer a written notice
with a copy of the servicemember's military orders.
Wilshire Credit Corporation
P.O. Box 8517
Portland, OR 97207-8517
How Does a Servicemember or De nd nt Obtain Information About he SCRA'
The U.S. Department of Defense's information resource is "Military One Source." Web site.
<hgp://www.militaryonesource•com>. The toll-five telephone numbers for Military One Source are: From the United States:
1-800.342-9647. From outside the United States (with applicable access code): 800-342-9647-7. International Collect: 1484-
530-5908.
Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their
installation's legal Assistance Officer. A military legal assistance office locator for each branch of the armed forces is
available at: <http'//Iegglassis ncp law afiniVcontetMocator nhn>.
YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION
PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER. IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE
OF THIS DEBT. THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE
COLLATERAL PROPERTY. COLORADO FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE
httpJAwww.ago.stfe.co.us/cMdeadcmain.cfm NEW YORK CETY: License 1032591. NORTH CAROLINA, Permit 3840. TENNESSE& This collection agency is
licensed by the Collection Service Board of the Dcpartment of Commerce and Insurance. Wilshire Credit Corporation is licensed to do busines ; at 14523 S. W. Millikan
Way. Beaverton. OR. Wilshire's otTtce hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded.
L178G
WILSHIRE CREDIT CORPORATION
PO BOX $511
PORTLAND, OR 97207-8517
J
110400(!0 0000 0032 5019
X
a
co 0* W
pa carom Mundo 4
RETURN RECEIPT REQUESTED
kkk To: 4645101
L1780902024645101
SFERLAZZA, ANTHONY G
115 EEBEAU 5T
ARA81, LA 10031
CAW".
UNITED S o . r.
A
P
r
8 MOM
WILSHIRE CREDIT CORPORATION
PO BOX 8511
PORTLAND OR 91207.8511
P
?Jr??w??liti?m?C?ui???I?rM
hill 11111111111 -
*-00.
WU*CUM
Kalil
PN'(1,J IOR 137411
N
m
o OWN 044
p ter
Q
WOO
0
D
0
0
Q
41re" m".
i
HER rimrxwunillot¦
W mpiml
N
_a
m
Q
O
Q
a
0
Q
a
a
OPM I
kooo?
Spa &V#4cA
liossom
usioi
faemwo
3EGlkI1YSf
NAPA112
i
t?
a?
4A??
1
0
z
4FN
IVIN
i- p
ZZN
(HA
I
ra
404
N41
NA
4 r
,JW4
tj
woo
LMZ
WAW
1J
FILES lA
girl i A;RY
OF THE
2009 Mt 2?
t a. a .
?Y. ty. 0 #?
MY d/? yva7
Sheriffs Office of Cumberland County
R Thomas Kline 416.0'tr of cliftbt Edward L Schorpp
Sheriff ? b Solicitor
Ronny R Anderson' Jody S Smith
Chief Deputy oPFIcE of THE S?KaiFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
05/26/2009 08:00 P - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a
diligent rch and inquiry for the within named defendant to wit: Anthony G. Sfedaga, but was unable to
locate h m in his bailiwick. He therefore returns the within Complaint In Mortgage Foreclosure as not
found a to the defendant Anthony G. Sferlazza. Brian Rooney current tennant of 1 20 East Dauphin
Street E ola, Pennsylvania 17025 states that the defendant is currently working in Louisiana and he
forward his mail to 715 LeBean Avenue Arabi, LA 70032
SHERIFF COST: $47 40 SO ANSWERS,
May 27, 2009 Fi ! AS KLINE, SHERIFF
2009-32(l
US Bank NA
S
Anthony . Sferlazza
fTt
C0
.d J <
Pro Vest, LLC - New York • r
93 E. Main St
Bay Shore, NY 11706
(631) 666-6168
IN THE COMMON PLEAS COURT OF CUMBERLAND
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE
SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE
TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATES
SERIES 2007-BC2; et seq.
Plaintiff,
Against
ANTHONY G. SFERLAZZA ; et al.
Defendants,
GOLDBECK, MCCAFFEEKEEVER
ME
MELLONLON IN INDEPENDEi R 701 MARKET STREET SUITE 5000
PHILADELPHIA, Pennsyl 19106
Court Case No.: 09-3291
AFFIDAVIT
OF SERVICE
(n
being duly sworn, deposes and says: that deponent is not a party to this action, is over 18 years of age and resides in the State of LA.
That on (o, lh 0 at at 715 Lebeau Street Arabi, LA 70032 deponent served the within COMPLAINT bearing court case number 09-3291 on ANTHONY G.
SFERLAZZA ; et at,
INDIVIDUAL
by delivering thereat a true copy of each to said defendant personally, deponent knew said person so served to be the person described as
said defendant therein. (S)He identified (her) himself as such.
SUBSTITUTE
By delivering thereat a copy of each to _ a person of suitable age and discretion. That
person was also asked by deponent whether said premises was the defendant's dwelling home and the reply was affirmative.
C RPORATE
A corporation, by delivering thereat a true copy of each to personally; deponent knew
said so served to be the corporation described as the named defendant and knew said individual to be the AUTHORIZED AGENT thereof.
Deponent describes the individual served to the best of deponent's ability at the time and circumstances of service as follow:
DESCRIPTION Sex Skin Color Hair Color Age A rx Height (Aprx) Weight (Aprx)
NON-SERVICE The defendant, ANTHONY G. SFERLAZZA, does not reside at this address as per
Attempt 1:
Attempt 2:
Attempt 3:
MILITARY SERVICE
I asked the person spoken to whether the defendant was in active military service of the United States or of the State of Louisiana in any
capacity whatever and received a negative reply. The source of my information and the grounds of my belief I aver that the defendant is not
in the military service of Louisiana or of the United States as that term is defined in eith the State or Federal statutes.
'WORT TO BEFORE ME ON
erver Signature
`- - "
ate. LICENSE #
FILE # 81073FC
Notary Silgilature CASE ID # 1676304
Cornmission Expiraticr,
2 ?, 13 3 , ? " "! ': "; -'; 3 1 2 is" i i: 'L? ? : 'D' j
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P 3180-3183
Goldbeck, McCafferty & McKeever
Suite 5000 -Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
Attorney fnr Plaintiff
U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE SPECIALTY UNDERWRITING
AND RESIDENTIAL FINANCE TRUST MORTGAGE IN THE COURT OF COMMON PLEAS
LOAN ASSET-BACKED CERTIFICATES SERIES
2007-BC2 of Cumberland County
14523 SW Millikan Way
Suite 200 CIVIL ACTION -LAW
Beaverton, OR 97005
vs.
ANTHONY G. SFERLAZZA
Mortgagor(s) and Record Owner(s)
120 East Dauphin Street
Enola, PA 17025
TO THE PROTHONOTARY:
Plaintiff
Defendant(s)
ACTION OF MORTGAGE FORECLOSURE
No. 09-3291
C`1 ^~
r
~
_
-" `- ~
^=:. ~
~
~-~' f _ - ~ _ I ~r`7
-'
... -::
v
PRAECIPE FOR WRIT OF EXECUTION
Issue Writ of Execution in the above matter:
Amount Due
Interest from 07/22/09
to Date of Sale per
diem at $25.82
(Costs to be added)
$118,260.30
y,~,y.Ob ~.a,~ ~#S3f~18'~
,~~~ ~ sv ~as~ ~ ~
~/y vo
~ ,Z ~j, UD "
~~ f/
~ ~ 7. y~
,~
~ 37, S~ ,~
~ y~-S .yG ~ ~ a'~7
By:
GOLDBECK MCCAFFERTY & MCKEEVER
Michael McKeever Pa. ID 56129
Gary McCafferty Pa. ID 42386
Lisa Lee Pa. ID 78020
Kristina Murtha Pa. ID 61858
. David Fein Pa. ID 82628
Thomas Puleo Pa. ID 27615
Attorneys for Plaintiff
~~.,o~ ewe Co.
W
H Q U
v~QOoq
~
W H¢Cw7°p
N
a ¢~~W
O O~OW
F"ry~v~
O Q W V]
N
~n U H
U
O
~ ~ ~ U
~ ~
H°Q ¢~+W~
o~
z~ aa~~
z¢Q~
U W ~ Q
w
~,~
F zx~Q
~Hz~
~wQ~
~~
~ ~Q
Z
O
~r
.-.. H
¢~ v
W
Q Q ~ W
~
N
0
~
0
~
'U "Cy n ~7r ~i
~--i ~ 3
~~~~
0
o~wW
~ p
0
~' ~ ~ W
~ ° U
W
a
N
N
rU
/-~
U
~,
:. ~
~,
~ ~ M
U
v ~
'~ ~ ~o
O
Gl. ~ '-' N
~ ~ ~ ~
w ~ ~ Q ri
~.,S-. ~ p'' N
~o ~~
u a> _~ ~~
O N
~• I ~ tad
u p
uo
a
o ~
c~
ALL, THAT CERTAIN house and lot of ground, situate in Enola, East Pennsboro
Township, Cumberland County, PA, bounded and described as follows, to wit:
BEGINNING at a point is the southerly line of Dauphin Street at the distance of 118.182
feet measured eastwardly along said line of street from the northeasterly extremity of the
are or curve having a radius of 10 feet connecting the easterly lice of Wyoming Avenue
with the said southerly line of Dauphin Street; extending eastwardly along said line of
Dauphin Street curving toward the right with a radius of 292.838 feet, a distance of
107.309 feet; thence passing through the middle of the party wall between the house on
this lot and the house on the lot adjoining on the East. South 33 degrees 47 minutes 07
seconds West 127.643 feet; thence North 10 degrees 20 minutes West 130.718 feet to the
Place of BEGINNING.
HAVING THEREON erected a duplex, dwelling house known end numbered as 120 East
Dauphin Street.
BEING Parcel No. 09-14-0832-152
Goldbeck, McCafferty & McKeever
Suite 5000 -Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
Attorney for Plaintiff
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE
FOR THE SPECIALTY UNDERWRITING AND
RESIDENTIAL FINANCE TRUST MORTGAGE LOAN
ASSET-BACKED CERTIFICATES SERIES 2007-BC2
14523 SW Millikan Way
Suite 200
Beaverton, OR 97005
Plaintiff
vs.
ANTHONY G. SFERLAZZA
Mortgagor(s) and Record Owner(s)
120 East Dauphin Street
Enola, PA 17025
Defendant(s)
CERTIFICATION AS TO THE SALE OF REAL PROPERTY
NO. 09-3291
I hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this
property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act.
By:
GOLDBECK MCCAFFERTY & MCKEEVER
Michael McKeever Pa. ID 56129
Gary McCafferty Pa. ID 42386 n ~ ~~
Lisa Lee Pa. ID 78020 ~
-~ _
`~ _
._„
,
Kristina Murtha Pa. ID 61858 _ -
`=_
-~; ; n
David Fein Pa. ID 82628 - ~-~
Thomas Puleo Pa. ID 27615 ~'
Attorneys for Plaintiff __
.~ ..
~'~ -~~`
.~
IN THE COURT OF
COMMON PLEAS
of Cumberland County
CNII, ACTION -LAW
ACTION OF
MORTGAGE FORECLOSURE
GolB~eck McCafferty & McKeever
BY: Michael T. McKeever
Attorney I.D. #56129
Suite 5000 -Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
Attorney for Plaintiff
U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE SPECIALTY
UNDERWRITING AND RESIDENTIAL FINANCE
TRUST MORTGAGE LOAN ASSET-BACKED
CERTIFICATES SERIES 2007-BC2
14523 SW Millikan Way
Suite 200
Beaverton, OR 97005
IN THE COURT OF COMMON PLEAS
of Cumberland County
CNII, ACTION -LAW
Plaintiff
vs.
ANTHONY G. SFERLAZZA
(Mortgagor(s) and Record Owner(s))
120 East Dauphin Street
Enola, PA 17025
ACTION OF MORTGAGE FORECLOSURE
No. 09-3291
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY UNDERWRITING AND
RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-BC2, Plaintiff
in the above action, by and through an authorized employee of its attorneys, Goldbeck McCafferty & McKeever, sets forth as
of the date the praecipe for the writ of execution was filed the following information concerning the real property located at:
120 East Dauphin Street
Enola, PA 17025
1.Name and address of Owner(s) or Reputed Owner(s): ~? ~'
t_ ~
ANTHONY G. SFERLAZZA - - -
T
715 Lebeau Street ~ ~~ `' ' r
-•- rr
Arabi, LA 70032 ~ - ? s~.-?
r~
-;
2. Name and address of Defendant(s) in the judgment: `„~
ANTHONY G. SFERLAZZA -'
715 Lebeau Street `~ ~';"; ~<
Arabi, LA 70032
3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold:
PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement
Health and Welfare Bldg. -Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
~.:
DOMESTIC RELATIONS OF CUMBERLAND COUNTY
PO Box 320
Carlisle, PA 17013
EAST PENNSBORO TOWNSHIP
C/O Henry F. Coyne
3901 Mazket Street
Camp Hill, PA 17011
EAST PENNSBORO TOWNSHIP
98 South Enola Drive
Eno1a, PA 17025
4. Name and address of the last recorded holder of every mortgage of record:
5. Name and address of every other person who has any record interest in or record lien on the property and whose interest
maybe affected by the sale:
6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property
which may be affected by the sale.
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.
TENANTS/OCCUPANTS
120 East Dauphin Street
Enola, PA 17025
(attach separate sheet if more space is needed)
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.
DATED: July 15, 2010 f~b~
. CQC~'~C
GOLDBECK McCAFFERTY & McKEEVER
BY: Michelle Clarkson
09-3291
GOLDBECK McCAFFERTY & McKEEVER
BY: Michael T. McKeever
Attorney I.D.#56129
Suite 5000 -Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-825-6318
Attorney for Plaintiff
U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE SPECIALTY
UNDERWRITING AND RESIDENTIAL FINAN
TRUST MORTGAGE LOAN ASSET-BACKED
CERTIFICATES SERIES 2007-BC2
14523 SW Millikan Way
Suite 200
IN THE COURT OF COMMON PLEAS
of Cumberland County
CNIL ACTION -LAW
Beaverton, OR 97005
Plaintiff
ACTION OF MORTGAGE
FORECLOSURE
vs.
ANTHONY G. SFERLAZZA
Mortgagor(s) and Record Owner(s)
120 East Dauphin Street
Enola, PA 17025
Defendants;
Term
No. 09-3291 ~ ~
r
=,' `= _-=
t
t~:._, rv
(V
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO
COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THAT PURPOSE.
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: SFERLAZZA, ANTHONY G.
ANTHONY G. SFERLAZZA
120 East Dauphin Street
Enola, PA 17025
Your house at 120 East Dauphin Street, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale
on Wednesday, December 08, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to
enforce the court judgment of $118,260.30 obtained by U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST
MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-BC2 against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
`n
,'c y ~~-,
{'~ - C ,,.
t"_:~
~:;
To prevent this Sheriffs Sale you must take immediate action:
09-3291
1. The sale will be cancelled if you pay to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE
FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE
LOAN ASSET-BACKED CERTIFICATES SERIES 2007-BC2, the back payments, late charges, costs and
reasonable attorney's fees due. To fmd out how much you must pay call: 215-825-6329 or 1-866-
413-2311.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if
the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
4. 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 notice below 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 NOT TAKE PLACE.
L If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find
out the price bid price by calling the Sheriff of 717-240-6390.
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 in the sale. To find
out if this has happened, you may call the Sheriff of 717-240-6390.
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 house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the
date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be
paid out in accordance with this schedule artless exceptions (reasons why the proposed distribution is
wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed.
7. You may also have other rights and defenses, or ways of getting your house 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES INC
8 Irvine Row
Cazlisle, PA 17013
717-243-9400
09-3291
Resources available for Homeowners in Foreclosure
ACT NOW!
Even though your lender (and our client) has filed an Action of Mortgage
Foreclosure against you, you still may be able to SAVE YOUR HOME FROM
FORECLOSURE.
1). Call an attorney. For referrals to a qualified attorney call either of the
following numbers: or 717-243-9400.
2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free
counseling.
3). Visit HUD'5 website www.hud.gov for Help for Homeowners Facing the
Loss of Their Homes.
4). Pennsylvania Housing Finance Agency also offers other loan programs that
may assist homeowners in default. Please See the PHFA website:
http://www.phfa. org/consumerslhomeowners/real.aspx.
5}. Call the Plaintiff (your lender) at and ask to speak to someone about Loss
Mitigation or Home Retention options.
6). Call or contact our office to request the amount to bring the account current,
or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our
toll free number at 1-866-413-2311 or via email at homeretention(a~goldbecklaw.com.
Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you
requested will be mailed to the address that you request or faxed if you leave a message
with that information. The attorney in charge of our firm's Homeowner Retention
Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418.
Please reference our Attorney File Number of 81073FC.
Para informacion en espanol puede communicarse con Loretta a1215-825-6344.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N009-3291 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE
FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE
LOAN ASSET-BACKED CERTIFICATES SERIES 2007-BC2 Plaintiff (s)
From ANTHONY G SFERLAZZA
(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$118,260.30 L.L.
Interest FRVM 07/22/09 TO DATE OF SALE PER DIEM AT $25.82
Atty's Comm % Due Prothy $2.00
Atty Paid $925.46 Other CostsTO BE ADDED
Plaintiff Paid
Date: NLY 22, 2010
Davt . Buell, P thonotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name DAVID FEIN, ESQUIRE
Address: GOLDBECK MCCAFFERTY & MCKEEVER, SUITE 5000 - MELLON
INDEPENDENCE CENTER, 701 MARKET STREET, PHILADELPHIA, PA 19106-1532
Attorney for: PLAINTIFF
Telephone : 215-627-1322
Supreme Court ID No. 82628
GOLDBECK McCAFFERTY & McKEEVER
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE SPECIALTY
UNDERWRITING AND RESIDENTIAL
FINANCE TRUST MORTGAGE LOAN ASSET-
BACKED CERTIFICATES SERIES 2007-BC2
14523 SW Millikan Way
Suite 200
Beaverton, OR 97005
Plaintiff
VS.
ANTHONY G. SFERLAZZA
Mortgagor(s) and
Record Owner(s)
120 East Dauphin Street
Enola, PA 17025
Defendant(s)
o? ` rHe ?Ra No ???
""NOy30 omit. -_
81073FC
CF: 05/26/2009
SD: 12/08/2010
$118,260.30
THE CbYJRT OF COMMON PLEAS
NNSYLA AUNT Y
NIA of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No. 09-3291
CERTIFICATE OF SERVICE
PURSUANT TO Pa.R.C.P. 3129.2 (c) (2)
Keith C. Halili, an employee of Goldbeck McCafferty & McKeever, counsel for Plaintiff, hereby certifies
that service on the Defendants of the Notice of Sheriff Sale was made by:
( ) Personal Service by the Sheriffs Office/competent adult (copy of return attached).
(?) Certified mail by Michael T. McKeever (original green Postal return receipt attached).
( ) Certified mail by Sheriffs Office.
( ) Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of
mailing attached).
( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached).
( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record.
IF SERVICE WAS ACCOMPLISHED BY COURT ORDER.
( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached).
( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached).
( ) Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail
attached).
( ) Published in accordance with court order (copy of publication attached).
Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by
ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached).
The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section
4904.
Respectfully submitted,
"C
BY: eith C. alili
Legal Secretary
,ppyy i
sm i:l
c ?ca
z +? '= U
ift W
c? [,ry
b- ? c s r? d
t
rs
? N
w
? m
^
? Z
? m m
10
*6
b N m c6 yi? V'
y
`n???r gm O
Q
(n
a?
? pO a
QW
d
¢
5 ? W N
c m n-
c
O C
E u
?o 0
z
_ J
g
Q
W
no ?
om?m ? Wye ?
tx- Q
N
S
?`f' ?
ac cc
Jam
ca c
?
Y w
0 0 O m o ap
` 8 Oam Q ,?
Oo 1, CD.5
s
E Z
06 UJ m 0
Z V 0) 0
CL- Z W
c .
LI1 D N -
Q Z r
CL-
0 -0 04
w Qo m
m
-
u
?
?
E
a
`o $?uw o
%.u7
W arc y? `P 5-;7 ,
4a
Q
co
U W ?'
0 C) d) 0 t: 00
d CO
Z a
U
S
d F. z
d 3Q
CL
6 U,
N ? Q
N
W
cli
ca CD J cV
EOr? ?'
zO?oa,?--
d
m
m
OG
O
m
G
N
v
4
v
m
y
'G
a
m
N
m
a
c
0
O
m
F O
tJ
N
o CD
N
z
m
a ?
? co
ui
a
a
oa
9 itl
?a
z?
?s
C6
n
o ?
<- O
? U
cc -p
J
E uj
.o U
l ? C7
r-
M ?
Cl)
O
a
o Q
USPS - Track & Confirm Page 1 of 1
1)._A -... ? j? , t! _ Home HtW
Track & Confirm
Track & Confirm
Saamb Rooks
LabeltReceipt Number. 9171 0821 3339 3831 5499 89
Class: First-Class Mail Tr?ak & OndiM
Service(s): Return Receipt Electronic Enter Label/Receipt Number.
Status: Delivered
Your item was delivered at 2:48 pm on August 09, 2010 in CARLISLE, PA ?
17013.
Detailed Results:
- Delivered, August 09, 2010, 2:48 pm, CARLISLE, PA 17013
• Electronic Shipping Info Received, July 29, 2010
Kofficadw ovum
Track & Confirm by email
Get current event information or updates for your item sent to you or others by email. C& D,
Return Receipt (Electronic)
Verify who signed for your item by email.
Sie Nla toner Service Fortes Govt Services Camera Privacy Pdicv Terms of Use Business Customer Gatevr.
j ,eM 6plm5ekv?i b5_ t a' i?w-ra.
Copyrights 2010 tlSPS. All Rights Reserved. No FEAR Act EEO Data FOIA G E iE4?`SY1e?j"?E? £'fus`. 1W tt5wle art aAq ,-);r
http://trkcnfrml.smi.usps.com/PTSIntemetWeb/InterLabeUnquiry.do 9/2/2010
Date: 09102/2010
Loretta Crespo:
The following is in response to your 09/02/2010 request for delivery information on your
Certified Mail(TM) item number 7108 2133 3938 3154 9989. The delivery record shows that
this item was delivered on 08/09/2010 at 02:48 PM in CARLISLE, PA 17013. The scanned
image of the recipient information is provided below.
Signature of Recipient:
wMrre
rigid i
roe I
Address of Recipient: M
ran Q VjQ-rT 1>
Thank you for selecting the Postal Service for your mailing needs. If you require additional
assistance, please contact your local Post Office or postal representative.
Sincerely,
United States Postal Service
GOLDBECK McCAFFERTY & McKEEVER
Suite 5000 - Mellon Independence Center
701 Market Street
Phitadelpfiia, PA 19196
215-825-6320
U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE SPECIALTY
UNDERWRITING AND RESIDENTIAL FINANCE
TRUST MORTGAGE LOAN ASSET-BACKED
CERTIFICATES SERIES 2007-BC2
14523 SW Millikan Way
Suite 200
Beaverton, OR 97005
vs.
ANTHONY G. SFERLAZZA
Mortgagor(s) and Record Owner(s)
120 East Dauphin Street
Enola, PA 17025
Defendant(s)
Plaintiff
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No. 09-3291
AFFIDAVIT PURSUANT TO RULE 3129
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY UNDERWRITING
AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES
2007-BC2, Plaintiff in the above action, by and through an authorized employee of its attorneys, Goldbeck
McCafferty & McKeever, sets forth as of the date the praecipe for the writ of execution was filed the following
information concerning the real property located at:
120 East Dauphin Street
Enola, PA 17025
1.Name and address of Owner(s) or Reputed Owner(s):
ANTHONY G. SFERLAZZA
7108 Wertzville Raod
Carlisle, PA 17015
2. Name and address of Defendant(s) in the judgment:
ANTHONY G. SFERLAZZA
7108 Wertzville Raod
Carlisle, PA 17015
3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be
sold:
PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement
Health and Welfare Bldg. - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
DOMESTIC RELATIONS OF CUMBERLAND COUNTY
PO Box 320
Carlisle, PA 17013
EAST PENNSBORO TOWNSHIP
C/O Henry F. Coyne
3901 Market Street
Camp Hill, PA 17011
EAST PENNSBORO TOWNSHIP
98 South Enola Drive
Enola, PA 17025
4. Name and address of the last recorded holder of every mortgage of record:
5. Name and address of every other person who has any record interest in or record lien on the property and
whose interest may be affected by the sale:
6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in
the property which may be affected by the sale.
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.
TENANTS/OCCUPANTS
120 East Dauphin Street
Enola, PA 17025
(attach separate sheet if more space is needed)
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.
DATED: November 24, 2010
GOLDBECK McCAFFERTY & McKEEVER
BY: Keith C. Halili
Legal Secretary
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
ern
Jody S Smith°
Chief Deputy '' `
?'?=3 a
Richard W Stewart
Solicitor
3 .. r r
U.S. Bank, NA Case Number
vs. 2009-3291
Anthony G. Sferlazza
SHERIFF'S RETURN OF SERVICE
10/14/2010 06:18 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on
10-14-10 at 1818 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of Anthony G. Sferlazza, located at, 120 East
Dauphin Street, Enola, Cumberland County, Pennsylvania according to law.
12/02/2010 As directed by Michael McKeever, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/2/2011
01/31/2011 As directed by Michael McKeever, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/2/2011
02/28/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed",
per letter of instruction from Attorney on 2/28/11.
SHERIFF COST: $698.50
February 28, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
a -ov ret .
c is
?` asG 3a.?
Goldbeck McCafferty & McKeever
BY: Michael T. McKeever
Attorney I.D. #56129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
Attorney for Plaintiff
U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE SPECIALTY
UNDERWRITING AND RESIDENTIAL FINANCE
TRUST MORTGAGE LOAN ASSET-BACKED
CERTIFICATES SERIES 2007-BC2
14523 SW Millikan Way
Suite 200
Beaverton, OR 97005
VS.
ANTHONY G. SFERLAZZA
(Mortgagor(s) and Record Owner(s))
120 East Dauphin Street
Enola, PA 17025
Plaintiff
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129
No. 09-3291
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY UNDERWRITING AND
RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-BC2, Plaintiff
in the above action, by and through an authorized employee of its attorneys, Goldbeck McCafferty & McKeever, sets forth as
of the date the praecipe for the writ of execution was filed the following information concerning the real property located at:
120 East Dauphin Street
Enola, PA 17025
1.Name and address of Owner(s) or Reputed Owner(s):
ANTHONY G. SFERLAZZA
715 Lebeau Street
Arabi, LA 70032
2. Name and address of Defendant(s) in the judgment:
ANTHONY G. SFERLAZZA
715 Lebeau Street
Arabi, LA 70032
3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold:
PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement
Health and Welfare Bldg. - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
DOMESTIC RELATIONS OF CUMBERLAND COUNTY
PO Box 320
Carlisle, PA 17013
EAST PENNSBORO TOWNSHIP
C/O Henry F. Coyne
3901 Market Street
Camp Hill, PA 17011
EAST PENNSBORO TOWNSHIP
98 South Enola Drive
Enola, PA 17025
4. Name and address of the last recorded holder of every mortgage of record:
5. Name and address of every other person who has any record interest in or record lien on the property and whose interest
may be affected by the sale:
6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property
which may be affected by the sale.
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.
TENANTS/OCCUPANTS
120 East Dauphin Street
Enola, PA 17025
(attach separate sheet if more space is needed)
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.
DATED: July 15, 2010 , Ao/?'tf r '
GOLDBECK McCAFFERTY & McKEEVER
BY: Michelle Clarkson
09-3291
GOLDBECK McCAFFERTY & MCKEEVER
BY: Michael T. McKeever
Attorney I.D.#56129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-825-6318
Attorney for Plaintiff
U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE SPECIALTY
UNDERWRITING AND RESIDENTIAL FINAr
TRUST MORTGAGE LOAN ASSET-BACKED
CERTIFICATES SERIES 2007-BC2
14523 SW Millikan Way
Suite 200
Beaverton, OR 97005
Plaintiff
VS.
ANTHONY G. SFERLAZZA
Mortgagor(s) and Record Owner(s)
120 East Dauphin Street
Enola, PA 17025
Defendants;
Term
No. 09-3291
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO
COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THAT PURPOSE.
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: SFERLA77.A ANTHONY G.
ANTHONY G. SFERLAZZA
120 East Dauphin Street
Enola, PA 17025
Your house at 120 East Dauphin Street, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale
on Wednesday, December 08, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to
enforce the court judgment of $118,260.30 obtained by U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST
MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-BC2 against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVEL ACTION - LAW
ACTION OF MORTGAGE
FORECLOSURE
To prevent this Sheriffs Sale you must take immediate action:
09-3291
1. The sale*will be cancelled if you pay to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE
FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE
LOAN ASSET-BACKED CERTIFICATES SERIES 2007-BC2, the back payments, late charges, costs and
reasonable attorney's fees due. To find out how much you must pay call: 215-825-6329 or 1-866-
413-2311.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if
the judgment was improperly entered. You mayalso ask the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
4. 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 notice below 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 NOT 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 price by calling the Sheriff of 717-240-6390.
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 in the sale. To find
out if this has happened, you may call the Sheriff of 717-240-6390.
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 house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the
date of the Sheriffs 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 distribution is
wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed.
7. You may also have other rights and defenses, or ways of getting your house 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
ALL, THAT CERTAIN house and lot of ground, situate in Enola, East Pennsboro
Township, Cumberland County, PA, bounded and described as follows, to wit:
BEGINNING at a point is the southerly line of Dauphin Street at the distance of 118.182
feet measured eastwardly along said line of street from the northeasterly extremity of the
are or curve having a radius of 10 feet connecting the easterly lice of Wyoming Avenue
with the said southerly line of Dauphin Street; extending eastwardly along said line of
Dauphin Street curving toward the right with a radius of 292.838 feet, a distance of
107.309 feet; thence passing through the middle of the party wall between the house on
this lot and the house on the lot adjoining on the East. South 33 degrees 47 minutes 07
seconds West 127.643 feet; thence North 10 degrees 20 minutes West 130.718 feet to the
Place of BEGINNING.
HAVING THEREON erected a duplex, dwelling house known end numbered as 120 East
Dauphin Street.
BEING Parcel No. 09-14-0832-152
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N009-3291 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE
FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE
LOAN ASSET-BACKED CERTIFICATES SERIES 2007-BC2 Plaintiff (s)
From ANTHONY G SFERLAZZA
(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$118,260.30
L.L.
Interest FO.O M 07/22/09 TO DATE OF SALE PER DIEM AT $25.82
Atty's Comm %
Atty Paid $925.46
Plaintiff Paid
Date: JULY 22, 2010
(Seal)
Due Prothy $2.00
Other CostsTO BE ADDED
D 1, Pr honotary
By:
Deputy
REQUESTING PARTY:
Name DAVID FEIN, ESQUIRE
Address: GOLDBECK MCCAFFERTY & MCKEEVER, SUITE 5000 - MELLON
INDEPENDENCE CENTER, 701 MARKET STREET, PHILADELPHIA, PA 19106-1532
Attorney for: PLAINTIFF
Telephone: 215-627-1322
Supreme Court ID No. 82628
On September 22, 20 10 the Sheriff levied upon the
defendant's interest in the real property situated in
East Pennsboro Township, Cumberland County, PA,
Known and numbered as, 120 East Dauphin Street,
Enola, more fully described on Exhibit "A" filed
with this writ and by this reference incorporated herein.
Date: September 22, 2010
By:
Real Estate Coordinator
C
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 22, October 29, and November 5, 2010
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
-7?? I,- (?V-'?
bla Mane Coyne, Edi r
SWORN TO AND SUBSCRIBED before me this
5 da of November, 2010
Notary
F OTARIAL SEAL
ORAH A COLLINS
Notary Public
UGH, CUMBERLAND COUNTY
ion Expires Apr 28, 2014
CUMBERLAND LAW JOURNAL
Writ No. 2009-3291 Civil
U.S. Bank, NA
vs.
Anthony G. Sferlazza
Atty.: Michael McKeever
ALL, THAT CERTAIN house and
lot of ground, situate in Enola, East
Pennsboro Township, Cumberland
County, PA, bounded and described
as follows, to wit:
BEGINNING at a point is the
southerly line of Dauphin Street at
the distance of 118.182 feet mea-
sured eastwardly along said line of
street from the northeasterly extrem-
ity of the are or curve having a radius
of 10 feet connecting the easterly lice
of Wyoming Avenue with the said
southerly line of Dauphin Street;
extending eastwardly along said line
of Dauphin Street curving toward the
right with a radius of 292.838 feet, a
distance of 107.309 feet; thence pass-
ing through the middle of the party
wall between the house on this lot
and the house on the lot adjoining
on the East. South 33 degrees 47
minutes 07 seconds West 127.643
feet; thence North 10 degrees 20
minutes West 130.718 feet to the
Place of BEGINNING.
HAVING THEREON erected a
duplex, dwelling house known end
numbered as 120 East Dauphin
Street.
BEING Parcel No. 09-14-0832-
152.
110
lie Patriot-News Co.
2020 Technology Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE:
CUMBERLAND COUNTY COURT HOUSE
The ?lahiot .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 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 she nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That she has personal knowledge of the facts, aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
10115110
2009.3291 Chit Term
U.S. Bank, NA 10/22/10
Vs
Anthony G. Sllerlaaa
Atty: Michael McKeever
ALL, THAT CERTAIN house and lot of 10/29/10
r t r
ground, situate in Enola, East Pennsboro '
..... .. .
.. ii ..
Township, Cumberland County, PA, bounded
and described as follows, to wit:
BEGINNING at a point is the southerly he of
Dauphin Street at the distance of 118.182 feet
Sworn to ?r
' '
subscribe eforeme this 10 ay of November, 2010 A.D.
measured eastwark along said line of street .?'
from the northeasterly extremity of the are or
curve having a radius of 10 feet connecting the
easterly lice of Wyoming Avenue with the said
Notary Public
southerly line of Dauphin Street; extending
eastwardly along said he of Dauphin Street
curving toward the right with a radius of
242.838 feet, a distance of 107.309 feet; thence
COMMONWEALTH OF PENNSYLVANIA
Passing through the middle of the party wall
Notarial Seal
between the house on this lot and the house i Sherrie L Kisner, Notary Public
on the lot adjoining on the East. South 33 dower Paxton Twp., Dauphin County
degrees 47 minutes 07 seconds West 127.643 My Commisslon Explres Nov. 26, 2011 4
^
feet; thence North 10 degrees 20 minutes West Member Pennsylvania Association of Notaries
130.718 feet to the Place of BEGINNING.
HAVING THEREON erected a duplex,
dwelling house known end numbered as 120
East Dauphin Street.
BEING Parcel No. 09-14.0832-152
KML LAW GROUP, P.C.
Suite 5000
BNY Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
QN0
?'f I k 9 V
U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE SPECIALTY
UNDERWRITING AND RESIDENTIAL
FINANCE TRUST MORTGAGE LOAN ASSET-
BACKED CERTIFICATES SERIES 2007-BC2
14523 SW Millikan Way
Suite 200
Beaverton, OR 97005
VS.
ANTHONY G. SFERLAZZA
Mortgagor(s) and
Record Owner(s)
120 East Dauphin Street
Enola, PA 17025
Plaintiff
Defendant(s)
CERTIFICATE OF SERVICE
PURSUANT TO Pa.R.C.P. 3129.2 (c) (2)
Term
No. 09-3291
Eileen Bowden, an employee of KML Law Group, P.C., counsel of Plaintiff, hereby certifies that service
on the Defendants of the Notice of Sheriff Sale was made by:
Personal Service by the Sheriffs Office/compe ant -.J„ It (cony of --ettt W ohad)-
Certified mail by KML Law Group, P.C. (original green Postal return receipt attached).
( ) Certified mail by Sheriffs Office.
( ) Ordinary mail by KML Law Group, P.C. to Attorney for Defendant(s) of record (proof of mailing
attached).
( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached).
( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record.
IF SERVICE WAS ACCOMPLISHED BY COURT ORDER.
( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached).
( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached).
( ) Certified Mail & ordinary mail by KML Law Group, P.C. (original receipt(s) for Certified Mail
attached).
( ) Published in accordance with court order (copy of publication attached).
Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by
ordinary mail KML Law Group, P.C. (copies of proofs of mailing attached).
The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section
4904.
Respectfu submitted
BY: Eileen Bowden
Legal Assistant
PgHNSYL
Y
81073FC
CF: 05/26/2009
SD: 06/06/2012
$118,260.30
COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
I
O N m
r O
N O?
?' I
N
k ?
O
w?
w
p
M
g
N
I
m O
Q3(11?1n o o ? o
• i ?
c
O
w
C
E
0
0
a N g
CD
I
4 a
m C
k O
•
'?
g
?
m ..
z m o
m
L
..
Ut W-1 9 04
o
m
S
O co w
Q
a? 8? aD 9) cli
w
Z eu ? x
_ QW
Z° XU
Co W4
a° F- Q ?
w ? c
C ? O
m ?
Ir CM
J -? M
W
-
Sr? D
E IL EL
T
Q ar a[ m g?
?S o
U o U = _ o -EL
???? m 2 C, W Z Z ES
D W
IL w
U
U- 0 Z O O
r m s
m
CL
ZCO
0
F-
Q
C.) p o
° 00
m
o cif WOm
^ W
Q ° m0
U) - ram
Q W o , m
z
O k mk
`
' t
?••? CM Z IL
IL d Z C 1
a
o ?
Om W
FL Q p c x
a o F-
mr w
m a m W t
= a 5
-' ??0? W ?rm
uo ? WZ
`
00 F-x
Q
O o F-o
0
Q
. m 0
? QOD C is
U amma_ DU U WV U WOf a
?ggm
'a O
6
E
'
z?
`
m E
Z
Z
m .
CO WQ
o cc d
fa F- r
'A
a
<
CD "
?Y
o
?d a
o
p
N
p
¢WOQ ?
as
Ww
I
m
?-
ca
QD
mQo >>,
za
F- .-j _O ?m
sA -
o pn Z
r N CM N Sri co h CD 2 z
0
If'
e
0
CL
'o
m
`o
C
a
0
CL
U N
0
04
m
0.
a>
al
co
N
'S c
0
U
CL c
m
E W
LL
U m
0
}
CD
€ cr) O
t H
i 0
O
CL OD Z
<
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
OmCE o WE k P FF
U.S. Bank, NA Case Number
vs. 2009-3291
Anthony G. Sferiazza
SHERIFF'S RETURN OF SERVICE
03/20/2012 06:02 PM - Deputy Shawn Gutshall, being duly swom according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same time
personally handing a true copy to a person representing themselves to be the Defendant, to wit: Anthony
G. Sfedazza at 7108 Wertzville Road, Carlisle, PA 17013, Cumberland County.
03/24/2012 08:57 AM - Deputy Noah Cline, being duly swom 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 120 East Dauphin Street, East Pennsboro Township, Enola, PA 17025,
Cumberland County.
SHERIFF COST: $921.20
March 27, 2012
SO ANSWERS, RON R ANDERSON, SHERIFF
,ci Ga:M}SlAe ShWIP; TeIbmA, !m.
KML LAW GROUP, P.C.
Suite 5000 - BNY Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-825-6320
Attorney for Plaintiff
U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE SPECIALTY
UNDERWRITING AND RESIDENTIAL FINANCE
TRUST MORTGAGE LOAN ASSET-BACKED
CERTIFICATES SERIES 2007-BC2
14523 SW Millikan Way
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
Suite 200
Beaverton, OR 97005
Plaintiff
vs.
ACTION OF MORTGAGE FORECLOSURE
Term
No. 09-3291
ANTHONY G. SFERLAZZA
Mortgagor(s) and Record Owner(s)
120 East Dauphin Street
Enola, PA 17025
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY UNDERWRITING
AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES
2007-BC2, Plaintiff in the above action, by and through an authorized employee of its attorneys, KML Law
Group, P.C., sets forth as of the date the praecipe for the writ of execution was filed the following information
concerning the real property located at:
120 East Dauphin Street
Enola, PA 17025
1.Name and address of Owner(s) or Reputed Owner(s):
ANTHONY G. SFERLAZZA
7108 Wertzville Road
Carlisle, PA 17015
2. Name and address of Defendant(s) in the judgment:
ANTHONY G. SFERLAZZA
7108 Wertzville Road
Carlisle, PA 17015
3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be
sold:
PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement
Health and Welfare Bldg. - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
DOMESTIC RELATIONS OF CUMBERLAND COUNTY
PO Box 320
Carlisle, PA 17013
EAST PENNSBORO TOWNSHIP
C/O Henry F. Coyne
3901 Market Street
Camp Hill, PA 17011
EAST PENNSBORO TOWNSHIP
98 South Enola Drive
Enola, PA 17025
4. Name and address of the last recorded holder of every mortgage of record:
5. Name and address of every other person who has any record interest in or record lien on the property and
whose interest may be affected by the sale:
6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in
the property which may be affected by the sale.
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.
TENANTS/OCCUPANTS
120 East Dauphin Street
Enola, PA 17025
ALEXIS S. ABELN
69 ACRI MEADOW ROAD
ENOLA, PA 17025
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.
DATED: May 14, 2012
KML Law Group, P.C.
BY: Eileen Bowden
Legal Assistant
KML LAW GROUP, P.C.
Suite 5000 - BNY Independence Center
701 Market Street
Philad4phia, PA 19106-1532
Attorney for Plaintiff.
U.S. BANK NATIONAL ASSOCIATION, AS
TRUS E FOR THE SPECIALTY
UNDERWRITING AND RESIDENTIAL FINANCE
TRUS'f MORTGAGE LOAN ASSET-BACKED
CERTIFICATES SERIES 2007-13C2
14523 SW Millikan Way
Suite 200
Beaverton, OR 97005
Plaintiff
vs.
ANTHQNY G. SFER.L_AZZA
Mortga$or and Record Owner
120 East Dauphin Street
Enola, PA 17025
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Term
No. 09-3291 --f
M Ca
MOTION TO POSTPONE SHERIFF'S SALE
Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY
UNDEPAWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED
CERTIFICATES SERIES 2007-BC2, by and through its attorneys, in support of its Motion to Postpone
Sheriffs Sale represents as follows:
1. Plaintiff is the holder of first mortgage upon the premises, 120 East Dauphin Street Enola, PA
17025, liereinafter the "mortgaged premises."
2. Defendant. is the mortgagor and record owner of the mortgaged premises.
3. A Sheriffs Sale of the mortgaged premises was scheduled for June 6, 2012; then further
postponed to September 5, 2012, then further postponed to October 3, 2012 to review the defendant for
loss mitijation.
4. Plaintiff requests an additional postponement to November 7, 2012 to further review the
defendant for loss mitigation.
5. This case has not been previously assigned to a judge.
6. The Defendant is unrepresented by counsel and the Plaintiff has no means to seek concurrence in
the instant motion except by mail.
7. There is no prejudice to any party in granting the relief requested.
WHEREFORE, Plaintiff requests that the Court enter Plaintiffs proposed order, which will postpone
the sale!until Wednesday, November 7, 2012.
Respectfully submitted,
P
By:
KMJ- LAW GROUP, P.C.
Michael McKeever Pa. ID 56129
Jay E. Kivitz Pa. ID 26769
Lisa Lee Pa. ID 78020
Kristina Murtha Pa. ID 61858
avid Fein Pa. ID 82628
Thomas Puleo Pa. ID 27615
Jill P. Jenkins Pa. ID 306588
Attorneys for Plaintiff
WOLF & WOLFyl?ttorn ys at Law
Date: Ol tober Z--,2012 By:
Na If, Esquire
10 ?/e Stseet
Carlisle, PA 17013
Supreme Court I.D. No. 87380
(717) 241-4436
Local Counsel for Ptaintiff
KML I AW GROUP, P.C.
Suite 5000 - BNY Independence Center
701 Maj ket Street
Philadelphia, PA 19106-1532
Attorney for Plaintiff
U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE. SPECIALTY UNDERWRITING
AND RESIDENTIAL FINANCE TRUST MORTGAGE
LOAN ASSET-BACKED CERTIFICATES SERIES
2007-BJC2
14523 ?W Millikan Way
Suite 2 0
Beavergon, OR 97005
Plaintiff
vs.
ANTHONY G. SFERLAZZA
Mortga or and Record Owner
120 E t Dauphin Street
Enola, A 17025
Defendant
IN THE COURT Oh COMMON PLEAS
OF CUMBERLAND COUNTY
Term
No. 09-3291
MEMORANDUM OF LAW
Pennsylvania Rule of Civil Procedure 31293(b) allows a judgment creditor to postpone a sheriffs
sale up to two times within a one hundred thirty day period without new notice. The postponement must be
announced to all assembled bidders. As outlined in the attached motion, the Sheriffs Sale has already been
postpo*d as allowed by Pa.R.C.P. 3129.3(b). Plaintiff seeks Court approval under, inter alia, Pa.R.C.P. 126,
to postpone the sale again. This postponement will be announced to all assembled bidders.
For all the reasons discussed above and in the attached Motion, the Court should enter the
attached Order postponing the Sheriff's Sale.
Respectfully submitted,
By:
KML W GROUP, P.C.
Michael McKeever Pa. ID 56129
Jay E. Kivitz Pa. ID 26769
Lisa Lee Pa. ID 78020
Kristina Murtha Pa. ID 61858
David Fein Pa. ID 82628
Thomas Puleo Pa. ID 27615
Jill P. Jenkins Pa. ID 306588
Attorneys for Plaintiff
WOLF & 314)eF, Attorneys at Law
Date:O?tober 12
f, Esquire
Plaintiff
KML LAW GROUP, P.C.
Suite 5000 - BNY Independence Center
701 Market Street
Philadelphia, PA 19106-1532
Attorne for Plaintiff
U.S. B K NATIONAL ASSOCIATION, AS
TRUS FOR THE SPECIALTY
?DE ING AND RESIDENTIAL FINANCE
US MORTGAGE LOAN ASSET-BACKED
CER ICATES SERIES 2007-13C2
14523 W Millikan Way
Suite 200
OR 97005
vs.
ANTHONY G. SFERLA?ZA
Mortga or and Record Owner
120 Dauphin Street
Eno!, A 17025
Plaintiff.
Defendant
VERIFICATION
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Term
No. 09-3291
J Esquire, hereby states that he is the attorney for Plaintiff herein,
and that] all of the facts set forth within the attached Motion to Postpone Sheriffs Sale are true and correct to
the best?of his knowledge, information and belief. The undersigned understands that the foregoing statements
are made subject to the penalties of 18 P. S. Section 4904.
Respectfully submitted
By.
KML LAW GROUP, P.C.
Michael McKeever Pa. ID 56129
Jay E. Kivitz Pa. ID 26769
Lisa Lee Pa. ID 78020
Kristin Murtha Pa. ID 61858
?avid Fein Pa. ID 82628
Thomas Puleo Pa. ID 27615
Jill P. Jenkins Pa. ID 306588
Attorneys for Plaintiff
KNIL LAW GROUP, P.C.
Suite 5p00 -13NY Independence Center
701 Market Street
Philadelphia, PA 19106-1532
Attorney for Plaintiff
U.S. BANK NATIONAL ASSOCIATION, AS
TRUS EE FOR THE SPECIALTY
UNDERWRITING AND RESIDENTIAL FINANCE
TRUS MORTGAGE LOAN ASSET-BACKED
CER ICATES SERIES 2007-BC2
14523 $W Millikan Way
Suite 200
OR 97005
VS.
ANTHONY G. SFERLAZZA
Mort*or and Record Owner
120 East Dauphin Street
Enola, PA 17025
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Term
No. 09-3291
CERTIFICATE OF SERVICE
Genevieve Mautz, an employee of KML LAW GROUP, P.C., counsel for Plaintiff, hereby certifies
that a copy of Plaintiffs Motion to Postpone Sheriffs Sale was mailed by first class mail, postage prepaid, to
Defendant(s) on October 2, 201.2.
ANTHONY G. SFERLA7ZA
7108 Wortzville Road Carlisle, PA 17015
ANTHONY G. SFERLAZZA
120 Eas f. Dauphin Street Enola, PA 17025
ANTHONY G. SFERLAZZA
715 Lebeau Street Arabi, LA 70032
Respectfully submitted,
KML LAW GROUP, P.C.
By:C!4
Keith C. Halili, Legal Assistant 215-825-6363
KML LAW GROUP, F'.C.
Suite 5000 - BNY Independence Center
701 Mazket Street
Philadelphia, PA 19106-1532
Attorney for Plaintiff
U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE SPECIALTY
UNDERWRITING AND RESIDENTIAL FINANCE
TRUST MORTGAGE LOAN ASSET-BACKED
CERTIFICATES SERIES 2007-BC2
14523 SW Millikan Way
Suite 200
Beaverton, OR 97005
Plaintiff
vs.
ANTHONY G. SFERI~AZZA
Mortgagor and Record Owner
120 East :Dauphin Street
Enola, PA 17025
Defendant
TN THE COURT OF COMMON PLEAS
of Cumberland County
•v ---
ca %v
-
~~ -,.
~
r7y-_
Term ~'r===
cn "' -c,r
No. 09-3291 rte-- ~ ~ ~ ~°'
,~~ ~, -~ r
Sale #: ~
~=" c :
~= -
.,. .~.
_
4-f ('~.~
MOTION TO POSTPONE SHERIFF'S SALE
Plaintiff, U.S. BANK NATIONAL ASSOCIATION,.. AS TRUSTEE FOR THE SPECIALTY
UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED
CERTIFICATES SERIES 2007-BC2, by and through its attorneys, in support of its Motion to Postpone
Sheriffs Sale represents as follows:
1. Plaintiff is the holder of first mortgage upon the premises, 120 East Dauphin Street Enola, PA
17025, hereinafter the "mortgaged premises."
2. Defendant is the mortgagor and record owner of the mortgaged premises.
3 . A Sheriffs Sale of the mortgaged premises was scheduled for June 06, 2012 and was postponed
until September O5, 2012 and again until October 03, 2012, and further postponed to November t)7, 2012
to review the defendant for loss mitigation.
4~. Plaintiff requests an additional postponement of the November 07, 2012 until December O5, 2012
to further review the defendant for loss mitigation.
5~. This case was previously postponed by the Honorable Judge Christylee L. Peck.
6.. The Defendant is unrepresented by counsel and the Plaintiff has no means to seek concurrence of
the instant motion except by mail.
7. There is no prejudice to any party in granting the relief requested.
WHEREFORE, Plaintiffrequests that the Court enter PlaintifJ's proposed order, which will postpone
the sale until Wednesday, December O5, 2012.
Respectfully su d
By:
Michael cKe er Pa. ID 56129
Jay E. Kivitz Pa. ID 26769
Lisa Lee Pa. ID 78020
Kristina Murtha Pa. ID 6185$
David Fein Pa. ID 82628
Thomas Puleo Pa. ID 27615
ill P. Jenkins Pa. ID 306588
Attorneys for Plaintiff
WOLF & WOL~,~fttorne_ys at Law
Date: November tv , 2012 By: ~ ~ ~~
N than C. W quire
10 West Hi S eet
Carlisle, PA 013
Supreme Court LD. No. 87380
(717) 241-4436
Local Counsel for Plaintiff
KML LAW GROUP, P.C.
Suite 5000 - BNY Independence Center
701 Market Street
Philadelphia, PA 19106-1532
Attorney for Plaintiff
U.S. BA^1K NATIONAL ASSOCIATION, AS
TRUSTI='sE FOR THE SPECIALTY
UNDERWRITING AND RESIDENTIAL FINANCE
TRUST MORTGAGE LOAN ASSET-BACKED
CERTIFICATES SERIES 2007-BC2
14523 SW Millikan Way
quite 200
Beaverton, OR 97005
Plaintiff
vs.
ANTHONY G. SFERLAZZA
Mortgagor and Record Owner
120 East Dauphin Street
Enola, PA 17025
Defendant
VERIFICATION
IN THE COURT OF COMMON PLE',AS
of
Term
1Vo. 09-3291
Sale #:
~e
_____~~ S_, Esquire, hereby states that is the attorney for Plaintiff herein,
and that all of the facts set forth within the attached Motion to Postpone Sheriffs Sale are true and correct to
~~
the best of l~ knowledge, information and belief. The undersigned understands that the foregoing statements
are made subject to the penalties of 18 P.S. Section 4904.
Respectful
By:
KMlA~ROUP, P.C.
Mich Mc Bever Pa. ID 56129
Jay E. Kivitz Pa. ID 26769
Lisa Lee Pa. ID 78020
Kristina Murtha Pa. ID 61858
David Fein Pa. ID 82628
Thomas Puleo Pa. ID 27615
_ Dom' ill P. Jenkins Pa. ID 306588
Attorneys for Plaintiff
KMl, LAW GROUP, P.C.
Suite 5000 - BNY Independence Center
- 701 Matlcet Street
Philadelphia, PA 19106-1532
Attorney for Plaintiff
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR
TFTE SPECIALTY UNDERWRITING AND RESIDENTIAL
FINANCE TRUST MORTGAGE LOAN ASSET-BACKED
CERTIFICATES SERIES 2007-BC2
14523 SW Millikan Wary
Suite 200
Beaverton, OR 97005 Plaintiff
vs.
ANTHONY G. SFERLAZZA
Mortgagor and Record Owner
120 East Dauphin Street
Enola, PA, 17025
Term
No. 09-3291
Sale #:
Defendant
MEMORANDUM OF LAW
Pennsylvania Rule of Civil Procedure 3129.3(b) allows a judgment creditor to postpone a sheriff's sale up to
two times within a one hundred thirty day period without new notice. The postponement must be announced to all
assembled bidders. As outlined in the attached motion, the Sheriff s Sale has already been postponed as allowed by
Pa.R.C.P. 3129.3(b). Plaintiff seeks Court approval under, inter alia. Pa.RC.P. 126, to postpone the sale again. This
postponement will be announced to all assembled bidders.
CONCLUSION
For all the reasons discussed above and in the attached Motion, the Court should enter the attached Order
postponing the Sheriff's Sale. ! ~~
Respectfully
Date: November ~ , 2012
IN THE COURT OF COMMON PLEAS
OF Cumberland COiJNTY
By:
KML I~1fW ~OU~',-P.C.
Michae CK ver Pa. ID 56129
Jay E. vrtz Pa. ID 26769
Lisa Lee Pa. ID 78020
Kristina Murtha Pa. ID 61858
David Fein Pa. ID 82628
Thomas Puleo Pa. ID 27615
Jill P. Jenkins Pa. ID 306588
Attorneys for Plaintiff
WOLF &
at Law
By: ~
Na n C. 'quire
10 West gh S eet
Carlisle, 013
Supreme Court I.D. No. 87380
(717) 241-4436
Local Counsel for Plaintiff
KMI, LAW GROUP, P.C.
Suite 5000 - BNY Independence Center
701 Market Street
Philadelphia, PA 19106-1532
Attorney for Plaintiff
Lf.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE
FOR THE SPECIALTY UNDERWRITING AND
RESIDENTIAL FINANCE TRUST MOR'CGAGE LOAN
ASSET-BACKED CERTIFICATES SERIES 2007-BC2
14523 SW Millikan Way
Suite 200
Beaverton. OR 97005"
Plaintiff
vs.
ANTHONY G. SFERL.AZZA
Mortgagor and Record Owner
120 East Dauphin Street
Enola, PA ] 7025
Defendant
IN THE COITRT OF COMMON PLEAS
OF Cumberland County
Term
No. 09-3291
Sale #:
CERTIFICATE OF SERVICE
Lisa Davis, a~7 employee of KML LAW GROUP, P.C:_, counsel for Plaintiff, hereby certifies that a
copy of Plaintiffs Motion to Postpone Sheriffs Sale was mailed by first class mail, postage prepaid, to
Defendant on November 5, 2012.
ANTHONY G. SFERLAZZA
7108 Wertzville Road Carlisle, PA 170].5
ANTHONY G. SFERLAZZA
120 East: Dauphin Street Enola, PA 17025
ANTHONY G. SFERLAZZA
715 Lebeau Street Arabi, LA 70032
Respectfully submitted,
KMI.. LAV~ GROUP, P:
By:
Lisa Davis, g.
215-825-637
Assistant
PRAECIPE FOR WRIT OF EXECUTION— (MORTGAGE FORECLOSURE)
P.R.C.P 3180-3183
KML Law Group,P.C.
Suite 5000-BNY Independence Center
701 Market Street
Philadelphia,PA 19106-1532
215-627-1322
Attorney for Plaintiff
U.S. BANK NATIONAL ASSOCIATION,AS
TRUSTEE FOR THE SPECIALTY UNDERWRITING
AND RESIDENTIAL FINANCE TRUST MORTGAGE IN THE COURT OF COMMON PLEAS
LOAN ASSET-BACKED CERTIFICATES SERIES
2007-BC2 of Cumberland County
14523 SW Millikan Way
Suite 200 CIVIL ACTION—LAW
Beaverton,OR 97005
Plaintiff ACTION OF MORTGAGE FORECLOSURE
vs.
ANTHONY G. SFERLAZZA No. 09-3291
Mortgagor(s)and Record Owner(s)
120 East Dauphin Street r f
: j
Enola,PA 17025
Defendant (s)
4.a .
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY: '-n ".
Issue Writ of Execution in the above matter:
Amount Due
Interest from $118,260.30
7/22/2009 to Date of
C3) Sale per diem at
$25.82
Sr A a
(Costs to be added)
By:
•")!) KML LAW GRO ,P.C.
�� �t Michael McKeever Pa.ID 56129
lj Jay E.Kivitz Pa.ID 26769
l l ti Lisa Lee Pa.ID 78020
Kristina Murtha Pa.ID 61858
Oil.+ �t tt David Fein Pa. ID 82628
I Thomas Puleo Pa.ID 27615
Joshua I.Goldman Pa.205047
`� $• sv Jill P.Jenkins Pa. ID 306588
OL� Attorneys for Plaintiff
k- t P, '/
GL 130 ,�ase �• '. so LL.
l2-LIL A WI WI WY & � �� �,�► �
No. 09-3291
IN THE COURT OF COMMON PLEAS
U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE
FOR THE SPECIALTY UNDERWRITING AND
RESIDENTIAL FINANCE TRUST MORTGAGE LOAN
ASSET-BACKED CERTIFICATES SERIES 2007-BC2
VS.
ANTHONY G. SFERLAZZA
(Mortgagor(s)and Record Owner(s))
120 East Dauphin Street
Enola,PA 17025
PRAECIPE FOR WRIT OF EXECUTION
(Mortgage Foreclosure)
KML Law Group,P.C.
Attorney for Plaintiff
KML Law Group,P.C.
Suite 5000—BNY Independence Center
701 Market Street
Philadelphia,PA 19106-1532
215-627-1322 -
r
ALL, THAT CERTAIN house and lot of ground, situate in Enola,East Pennsboro
Township,Cumberland County, PA, bounded and described as follows, to wit:
BEGINNING at a point is the southerly line of Dauphin Street at the distance of 118.182
feet measured eastwardly along said line of street from the northeasterly extremity of the
are or curve having a radius of 10 feet connecting the easterly line of Wyoming Avenue
with the said southerly line of Dauphin Street; extending eastwardly along said line of
Dauphin Street curving toward the right with a radius of 292.838 feet, a distance of
107.309 feet; thence passing through the middle of the party wall between the house on
this lot and the house on the lot adjoining on the East. South 33 degrees 47 minutes 07
seconds West 127.643 feet; thence North 10 degrees 20 minutes West 130.718 feet to the
Place of BEGINNING.
HAVING THEREON erected a duplex, dwelling house known end numbered as 120 East
Dauphin Street.
IMPROVEMENTS duplex,dwelling house.
MUNICIPALITY East Pennsboro Township
BEING PREMISES: 120 East Dauphin Street, Enola, PA 17025
SOLD as the property of Anthony G. Sferlazza and Peter Smith LLC
TAX PARCEL#09-14-0832-152
ALL, THAT CERTAIN house and lot of ground, situate in Enola,East Pennsboro
Township, Cumberland County, PA,bounded and described as follows,to wit:
BEGINNING at a point is the southerly line of Dauphin Street at the distance of 118.182
feet measured eastwardly along said line of street from the northeasterly extremity of the
are or curve having a radius of 10 feet connecting the easterly line of Wyoming Avenue
with the said southerly line of Dauphin Street;extending eastwardly along said line of
Dauphin Street curving toward the right with a radius of 292.838 feet, a distance of
107.309 feet;thence passing through the middle of the party wall between the house on
this lot and the house on the lot adjoining on the East. South 33 degrees 47 minutes 07
seconds West 127.643 feet;thence North 10 degrees 20 minutes West 130.718 feet to the
Place of BEGINNING.
HAVING THEREON erected a duplex, dwelling house known end numbered as 120 East
Dauphin Street.
IMPROVEMENTS duplex, dwelling house.
MUNICIPALITY East Pennsboro,Township
BEING PREMISES: 120 East Dauphin Street, Enola, PA 17025
SOLD as the property of Anthony G.Sferlazza and Peter Smith LLC
TAX PARCEL#09-14-0832-152
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR
THE SPECIALTY UNDERWRITING AND RESIDENTIAL
FINANCE TRUST MORTGAGE LOAN ASSET-BACKED , w
CERTIFICATES SERIES 2007-BC2 i
Plaintiff NO.09-3291 —tf c T
vs.
ANTHONY G.SFERLAZZA C".— r:
Defendant(s) 3
VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEM M CNIL--
RELIEF ACT AS AMENDED ,
1. The undersigned attorney with KML Law Group, P.C., as the representative for the Plaintiff in
the above entitled matter,does hereby state to the best of his/her information and belief,as follows:
2. That an inquiry has been made with the Defense Manpower Data Center ("DMDC") website
operated by the United States Department of Defense(https://www.dmdc.osd.mil/gp_pj/scra/scraHome.do)
for the following individual(s): ANTHONY G. SFERLAZZA, has a last known residence of 7108
Wertzville Road, Carlisle, PA 17015. The following information was used to search the DMDC (check
all that apply):
X Last Name
• First Name
• Social Security Number
3. The DMDC search results, a copy of which is attached, states that based on the information
provided, the DMDC does not possess any information indicating that the individual is on active duty or
has been on active duty within the last 367 days.
The undersigned understands that the statements herein are made subject to penalties of 18 Pa.
C.S.A.4904 relating to unswom falsification to authorities.
Date °� °� By:
K L W GRO ,P.C.
Michael McKeever Pa. ID 56129
Lisa Lee Pa. ID 78020
Kristina Murtha Pa. ID 61858
David Fein Pa. ID 82628
Thomas Puleo Pa. ID 27615
Jay Kivitz Pa. ID 26769
Andrew Gornall Pa. ID 92382
Joshua I. Goldman Pa. ID 205047
Salvatore Filippello Pa. ID 313897
Jill P.Jenkins Pa. ID 306588
Attorneys for Plaintiff n
Ad
1-1 QIL t - o')(�a V�A' Izl
Results as of:Mar-26-201310:49:24
Department of Defense Manpower Data Center
SCRA 3.0
stata Repwt
Pursumt to Servicemembas Civil Relief Act
Last Name: SFERLAZZA
First Name: ANTHONY
Middle Name: G.
Active Duty Status As Of: Mar-26-2013
On Active Dtdy OnAOffive Dcttyi Slatus Dade'
Active Duty start Date AciWe OW End Date states SerAm component
NA NA No NA
This response rellecft to indhaduais'active duty sWWs based on the Ac#"Duty status,Date
Left Ac#ve Dtdy WM*367 Days otACOve Duty Sbt a Data
Acute Puy Start Dete" AwOve Duy End Date -staus Sestihx Component
NA I 'NA - No NA
This response reflects where ft individual left active duty stahss*MMn 367 days preceding the Active Duty Status Date
The Member or tNr/ttat llefl Was NW"of a sulure Q*Qp>te Active Duly on Ao1Ne Duty Sk"Data
Order Notiicaion start Date Order NoW.W.End Dam .Status sovioe coniporterti
NA NA No NA
Thus response reflects whether the individual or htafier unit has received eady nnOfiepion to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or histher unit receiving notification of future orders to report for Active Duty.
HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
A AJ_
a a
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility
Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as
the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the
individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family
member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the
protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil"URL:http:/twww.defenselink.mil/fagipis/PC09SLDR.htmi. If you have evidence the person was on active duty for the active duty status
date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c).
This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a calf to active service
authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve
Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1).
Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: N2VDV184E073M50
r
KML Law Group, P.C.
Suite 5000—BNY Independence Center
701 Market Street
Philadelphia, PA 19106-1532 ' ` '';� T' i
215-627-1322 2013 APR _ ` AM 11: 16
Attorney for Plaintiff
U.S. BANK NATIONAL ASSOCIATION,AS"' '
/A
TRUSTEE FOR THE SPECIALTY IN THE COURT OF COMMON PLEAS
UNDERWRITING AND RESIDENTIAL FINANCE
TRUST MORTGAGE LOAN ASSET-BACKED of Cumberland County
CERTIFICATES SERIES 2007-BC2
14523 SW Millikan Way
Suite 200 CIVIL ACTION-LAW
Beaverton, OR 97005
Plaintiff
vs. ACTION OF MORTGAGE FORECLOSURE
ANTHONY G. SFERLAZZA
(Mortgagor(s)and Record Owner(s))
120 East Dauphin Street No. 09-3291
Enola,PA 17025
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129
U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR THE SPECIALTY UNDERWRITING AND
RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-BC2,Plaintiff
in the above action,by counsel,KML Law Group,P.C.,sets forth as of the date the praecipe for the writ of execution was
filed the following information concerning the real property located at:
120 East Dauphin Street
Enola,PA 17025
1.Name and address of Owner(s)or Reputed Owner(s):
ANTHONY G. SFERLAZZA
7108 Wertzville Road
Carlisle,PA 17015
PETER SMITH LLC
340 E Penn Drive
Enola,PA 17025
2.Name and address of Defendant(s)in the judgment:
ANTHONY G. SFERLAZZA
7108 Wertzville Road
Carlisle,PA 17015
3_Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold:
PA DEPARTMENT OF PUBLIC WELFARE-Bureau of Child Support Enforcement
Health and Welfare Bldg.-Room 432
P.O.Box 2675
Harrisburg,PA 17105-2675
DOMESTIC RELATIONS OF CUMBERLAND COUNTY
PO Box 320
Carlisle,PA 17013
EAST PENNSBORO TOWNSHIP
98 South Enola Drive
Enola,PA 17025
EAST PENNSBORO TOWNSHIP
C/O Henry F.Coyne,Esquire
3901 Market Street
Camp Hill,PA 17011
4. Name and address of the last recorded holder of every mortgage of record:
5.Name and address of every other person who has any record interest in or record lien on the property and whose interest
may be affected by the sale:
6.Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property
which may he affected by the sale.
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.
TENANTS/OCCUPANTS
120 East Dauphin Street
Enola,PA 17025
ALEXIS S.ABELN
69 ACRI MEADOW ROAD
ENOLA,PA 17025
I verify that the statements made in this affidavit are true and correct to the best of my 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.
DATED: Y o !3
By:
KML LAW GRO ,P.C.
Michael McKeever Pa.ID 56129
Jay E.Kivitz Pa.ID 26769
Lisa Lee Pa.ID 78020
Kristina Murtha Pa. ID 61858
David Fein Pa.ID 82628
Thomas Puleo Pa.ID 27615
Joshua I. Goldman Pa.205047
Jill P.Jenkins Pa.ID 306588
Attorneys for Plaintiff /
y 0)dc'/04'
09-3291
KML Law Group,P.C. r
Suite 5000-BNY Independence Center
101 Market Street ct t �� # T,,.
Philadelphia,PA 19306 �1 —f � No
(215)627-"1322
Attorney for Plaintiff (
U.S.BANK NATIONAL ASSOCIATION,AS Vk wry t
TRUSTEE FOR THE SPECIALTY IN THE COURT OF COMMON PLEAS
UNDERWRITING AND RESIDENTIAL FINANCE
TRUST MORTGAGE LOAN ASSET-BACKED of Cumberland County
CERTIFICATES SERIES 2007-BC2
14523 SW Millikan Way
Suite 200 CIVIL,ACTION-LAW
Beaverton,OR 97005
Plaintiff ACTION OF MORTGAGE
FORECLOSURE
vs.
ANTHONY G. SFERLAZZA
Mortgagor(s)and Record Owner(s) Docket No.09-3291
120 East Dauphin Street
Enola,PA 17025
Defendants
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT.THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO
COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THAT PURPOSE.
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: ANTHONY G. SFERLAZZA
7108 Wertzville Road
Carlisle,PA 17015
Your house at 120 East Dauphin Street,Enola,PA 17025 is scheduled to be sold at Sheriffs Sale
on Wednesday,September 04,2013,at 10:00 AM,in Commissioners Hearing Rm 2nd FL Courthouse to
enforce the court judgment of$118,260.30 obtained by U.S.BANK NATIONAL ASSOCIATION,AS
TRUSTEE FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST
MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-BC2 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:
09-3291
1. The sale will be cancelled if you pay to U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE
FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE
LOAN ASSET-BACKED CERTIFICATES SERIES 2007-BC2,the back payments,late charges,costs and
reasonable attorney's fees due.To find out how much you must pay call our office at 215-825-6329 or I-
866-413-2311.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment,if
the judgment was improperly entered.You may also ask the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
4. 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 notice below 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 NOT TAKE PLACE.
I. If the Sheriffs Sale is not stopped,your property will be sold to the highest bidder. You may find
out the price bid price by calling the Sheriff of 717-240-6390.
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 in the sale.To find
out if this has happened,you may call the Sheriff of 717-240-6390.
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 house.A schedule of distribution of the money bid
for your house will be filed by the Sheriff within thirty(30)days from the date of the Sheriffs 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
distribution is wrong)are filed with the Sheriff within ten(10)days after the schedule of distribution is filed.
7. You may also have other rights and defenses,or ways of getting your house back,if you act immediately after the sale.
& You may contact the Foreclosure Resource Center; bft//www.philadelphigfed.oriiforeclosureJ
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle,PA 17013
LEGAL SERVICES INC
8 Irvine Row
Carlisle,PA 17013
717-243-9400
09-3291
Resources available for Homeowners in Foreclosure
ACT NOW!
Even though your lender(and our client) has filed an Action of Mortgage
Foreclosure against you,you still may be able to SAVE YOUR HOME FROM
FORECLOSURE.
1). Call an attorney. For referrals to a qualified attorney call either of the
following numbers: or 717-243-9400.
2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free
counseling.
3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the
Loss of Their Homes.
4). Pennsylvania Housing Finance Agency also offers other loan programs that
may assist homeowners in default. Please See the PHFA website
ht!p://www.phfa.orp/consumers/homeowners/real.aspx.
5). Call the Plaintiff(your lender) at and ask to speak to someone about Loss
Mitigation or Home Retention options.
6). Call or contact our office to request the amount to bring the account current,
or payoff the mortgage or request a Loan Workout/Home Retention Package. Call our
toll free number at 1-866-413-2311 or via email at
homeretention@knillawjzroup.com.com. Call Seth at 215-825-6329 or fax 215-825-
6429. The figure and/or package you requested will be mailed to the address that you
request or faxed if you leave a message with that information. The attorney in charge of
our firm's Homeowner Retention Department is David Fein who can be reached at 215-
825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 81073FC.
Para informacion en espanol puede communicarse con Loretta al 215-825-6344.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 09-3291 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt,interest and costs due U.S.BANK NATIONAL ASSOCIATION,AS
TRUSTEE FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST
MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-BC2 Plaintiff(s)
From ANTHONY G.SFERLAZZA
(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: $118,260.30 L.L.:
Interest FROM 7/22/2009 TO DATE OF SALE PER DIEM AT$25.82
Atty's Comm: Due Prothy:$2.25
Atty Paid: $2,410.69 Other Costs:
Plaintiff Paid:
Date: 4/1/2013
David D.Buell,Prothonotary
(Seal)
Deputy
REQUESTING PARTY:
Name: ALYK L.OFLAZIAN,ESQUIRE
Address: KML LAW GROUP,P.C.
SUITE 5000-BNY INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA,PA 19106
Attorney for: PLAINTIFF
Telephone:215-627-1322
Supreme Court ID No.312912
KML Law Group,P.C. f'e'`E '6A 1 1110 O TI 1-1.1 '
Suite 5000-BNY Independence Center
701 Market Street J JUL Apt 11: "4V
Philadelphia,PA 19106-1532
215-627-1322 �IP`t ERLAN'D COUNTY PE Attorney for Plaintiff NNS YLVA N I A
U.S. BANK NATIONAL ASSOCIATION,AS
TRUSTEE FOR THE SPECIALTY IN THE COURT OF COMMON PLEAS
UNDERWRITING AND RESIDENTIAL FINANCE
TRUST MORTGAGE LOAN ASSET-BACKED OF Cumberland COUNTY
CERTIFICATES SERIES 2007-BC2
14523 SW Millikan Way
Suite 200
Beaverton,OR 97005 No. 09-3291
vs.
ANTHONY G. SFERLAZZA
120 East Dauphin Street
Enola, PA 17025
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT OWED TO OUR CLIENT.ANY INFORMATION OBTAINED FROM YOU
WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
MOTION FOR SUBSTITUTED SERVICE
UNDER PA.R.C.P.430(a)
Plaintiff, by and through its attorney, in support of its Motion for Substituted Service,
represents as follows:
1. Plaintiff is the holder of a mortgage upon the premises 120 East Dauphin Street,Enola,
PA, 17025,hereinafter,the"Mortgaged Premises."
2. Defendant,Anthony G. Sferlazza, is the mortgagor of the Mortgaged Premises.
3. After commencement of this action in mortgage foreclosure,Peter Smith,LLC,acquired
title to the Mortgaged Premises.
4. Pursuant to Pa.R.C.P.No. 3129.2(c)(1)(i),the Notice of Sheriff's Sale must be served
upon new real owner,Peter Smith,LLC.
5. Pursuant to Cumberland County Local Rule 208.3(a)(2)and/or Rule 208.3(a)(9),I,Alyk
Oflazian,Esquire,hereby certify that the Honorable ChristyLee L. Peck ruled on Plaintiff's Petitions to
Postpone Sheriff s Sale in this case on October 2,2012,and November 7,2012,both in favor of Plaintiff.
Additionally,the Honorable Judge Thomas A.Placey has ruled on Plaintiff's Petition to Postpone
Sheriff's Sale in this case on December 5,2012, in favor of Plaintiff. I further certify that I am not aware
that New Real Owner,Peter Smith,LLC,has obtained counsel. Moreover,due to the nature of this
motion, it was not possible to locate or contact the New Real Owner,Peter Smith,LLC,to request his
concurrence.
6. The last known address of New Real Owner,Peter Smith,LLC,is 340 East Penn Drive,
#141,Enola,PA 17025,from our investigative search.
7. The Sheriff has been unable to effect service of the Notice of Sale upon New Real
Owner,Peter Smith,LLC. Service was attempted on New Real Owner,Peter Smith,LLC,at the
Mortgaged Premises, 120 East Dauphin Street,Enola,PA 17025. The return of service indicates that
New Real Owner,Peter Smith,LLC,was not found at the Mortgaged Premises,per the current resident,
"Jennifer,"who refused to provide her last name and refused to accept service of the Notice of Sale
because the New Real Owner,Peter Smith,LLC, is not located at the Mortgaged Premises. Service was
attempted on New Real Owner,Peter Smith,LLC,at 340 East Penn Drive,#141,Enola,PA 17025. The
return of service indicates that New Real Owner,Peter Smith,LLC,does not work or reside at said
address and that said address is a UPS store in which New Real Owner,Peter Smith,LLC,may rent a
mailbox numbered 141,per an employee at said address. No further information was provided.
8. The following investigation was conducted in a good faith attempt to ascertain the
whereabouts of New Real Owner,Peter Smith,LLC.
WHEREFORE,Plaintiff`prays that the Court enter the attached order allowing Plaintiff
to serve the Notice of Sale upon New Real Owner,Peter Smith,LLC,by posting the premises and
certified and regular mail to the New Real Owner,Peter Smith,LLC's, last known address.
By:a-
KMM�LL A GROUP,P,C.
Alyk Oflazian Pa. ID 312912
Attorneys for Plaintiff`
Affidavit of Good Faith Investigation
Amended
At the request of the law firm identified below I initiated an investigation into the whereabouts of the
defendant identified as the subject below. The following is true and accurate representation of my
investigation.
Client provided information: File Number: 81073FC
Attorney/Law Firm:KML LAW GROUP, P.0
Subject Name:PETER SMITH LLC
Property Address: Street: 120 East Dauphin Street
City: Enola State: PA Zip: 17025
Skip Results: Date of Birth: ProVest File Number: 3624080
Last Known Address(as of 4/22/2013)Street: Peter Smith Llc 340 E Penn Dr#141
City: Enola State: PA Zip: 17025
Death Record Search
Social Security Number []Verifed [X]Not Verified
Employment Search
Business Records Search Business Name History
Name Name Type
Peter Smith, LLC Current Name
Limited Liability Company- Domestic-Information
Entity Number:
Status:Active
Entity Creation Date: 12/18/2007
State of Business.: PA
Registered Office Address: 340 E Penn Dr
#141
Enola PA 17025
Cumberland
Mailing Address: No Address
Creditor Header Inquiry
Department of Motor
Vehicle Records Search*
Drivers License Information Search ,
[]Governmental**+
[]Non-governmental
Professional Licenses Search
Freedom Of Information Act Inquiry ,
Made to U.S. Postal Service
Military Search
Inquiry of Relatives,
Neighbors,&Friends
Comments: PER PA SG3 PETER SMITH LLC 340 E Penn Dr#141 Enola PA
17025
*Data not available in AL,AR,CF,HI,NH,OR,PA,VA,WA. "Historical data in CO,DE,ID,IL,KY,LA,MD,MA,MS,MO,NH,ND,
SC,WV.
+Data available in CO.CT,DE,F L.ID,IL,KY,LA,ME,MD, M,MI,MN,MS,MO,NH,ND,OH,SC,TN,TX,WV,WI,WY.
The foregoing statement is true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A.
§4904 relating to unswom falsification to authorities. Under penalties of perjury,I declare that I have read the foregoing affidavit and
that the facts stated in it are true.
STATE OF FLORIDA APR 2 3 2013
COUNTY OF HILLSBOROUGH
Stephan Jenkins ProVest File Number:3624080 Sworn to or affirmed and signed before me on this_day of
Provest Services LLC (Seal)
Date: APR 2 3 2013
JOSHUA N.PtMENTEL —
Notary Public,State of Florida Signature o Nota blic
My Comm.Expires May 24,2015
No.EE 97050
Printed Name of Notary Public
(.-*ersonally Known
( )Produced as identification
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA
U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR THE ;CASE and/or DOCKET No.: 09-3291
SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE ;
TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATES Sheriffs Sale Date: 9/4/2013
SERIES 2007-BC2;et seq.
Plaintiff(Petitioner)
V.
ANTHONY G.SFERLAZZA;et al.
Defendant(Respondent)
AFFIDAVIT OF NON-SERVICE
0 Complaint ❑Summons R Other:NOTICE OF SALE
1,RYAN MARKS,certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party,and that
I attempted to serve PETER SMITH LLC the above process on the 23 day of April,2013,at 5:15 o'clock,PM,at 120 East Dauphin Street Enola,PA
17025,County of Cumberland,Commonwealth of Pennsylvania:
Manner of Service:
Defendant was not served because: ❑Moved ❑Unknown ❑No Answer ❑Vacant
0 Other:PER RESIDENT,JENNIFER(REFUSED LAST NAME)W/F/33/5'2/175BROWN,COMPANY IS NOT LOCATED AT ADDRESS
PROVIDED,RESIDENT REFUSED TO ACCEPT SERVICE BECAUSE SHE IS NOT THE PROPERTY OWNER.
Service was attempted on the following dates/times:
1) 2) 3)
Commonwealth/State of.
SS:
County of k3eexJ )
Before me,the undersigned notary public,this day,personally,appeared �ra.� .N��'Icf to me known,who
being duly sworn according to law,dep ses the following:
I hereby swear or affirm t at t s set forth in the foregoing Affidavit of Non-Service are true and correct.
Subscribed and sworn t e
( ature tf Affiant) this 2 y of_ d�e ti/ ,20j,$
File Number:8107
Case ID#:3624265 Notary Public
Cv� rIt �-n
�LTH Of Pte„"d;`;
Er;c M. otarlal Seal
A Broach,Notary Public
IlWashington TWp,,Berf:s
y C' --min Ex�s No"-�unty
18,2013
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA
U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR THE ;CASE and/or DOCKET No.: 09-3291
SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE
TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATES Sheriffs Sale Date: 9/4/2013
SERIES 2007-BC2;et seq.
Plaintiff(Petitioner)
V.
i
ANTHONY G.SFERLAZZA;et al.
Defendant(Respondent)
AFFIDAVIT OF NON-SERVICE
❑Complaint ❑Summons F,_/1 Other:NOTICE OF SALE
1,RYAN MARKS,certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party,and that
I attempted to serve PETER SMITH LLC the above process on the 6 day of May,2013,at 3:22 o'clock,PM,at 340 E.PENN DR#141 ENOLA,PA
17025,County of Cumberland,Commonwealth of Pennsylvania:
Manner of Service:
Defendant was not served because: ❑Moved ❑Unknown ❑No Answer ❑Vacant
Other:DEFENDANT DOES NOT RESIDE OR WORK AT ADDRESS PROVIDED,ADDRESS IS A UPS STORE,PER EMPLOYEE AT
ADDRESS,DEFENDANT MAY RENT MAIL BOX#141,NO FURTHER INFORMATION PROVIDED.
Service was attempted on the following dates/times:
1)5/3/13 6:48 PM 2)5/6/13 3:22 PM. 3)
Commonwealth/State of I*t )
SS:
County of Ise •Vj )
Before me,the undersigned notary p blic,this day,personally,appeared Ilvia.. M Ai kJ to me known,who
being duly sworn accordi g to la ,p?' 'c
the following:
I hereby swear or affi t t acts set forth in the foregoing Affidavit of Non-Service are true and correct.
Subscribed and sworn to before me
gnature of Affiant) this '7 day of
File Number:81073FC
Case ID#:3632552 Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Eric M.Afiterbach,Notary PubHc
Washington Twp.,Berks County
My Commission Expires Nov.18,2013
KML Law Group,P.C.
Suite 5000-BNY Independence Center
701 Market Street
Philadelphia,PA 19106-1532
215-627-1322
Attorney for Plaintiff
U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE
FOR THE SPECIALTY UNDERWRITING AND
RESIDENTIAL FINANCE TRUST MORTGAGE LOAN IN THE COURT OF COMMON PLEAS
ASSET-BACKED CERTIFICATES SERIES 2007-BC2
14523 SW Millikan Way OF Cumberland COUNTY
Suite 200
Beaverton, OR 97005"
VS. No. 09-3291
ANTHONY G. SFERLAZZA
120 East Dauphin Street
Enola,PA 17025
MEMORANDUM OF LAW IN SUPPORT OF MOTION
FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a)
Plaintiff has filed a Notice of Sheriffs Sale in the within matter as to New Real Owner,
Peter Smith,LLC,which the Sheriff has been unable to personally serve upon D New Real Owner,Peter
Smith,LLC,pursuant to Pa.R.C.P.No. 3129.2(c)(1)(i). As noted in the attached Motion,Plaintiff has
made a good faith attempt to ascertain New Real Owner,Peter Smith,LLC's,whereabouts without
success. Accordingly,the Court may approve alternative means of service. See Pa.R.C.P. 430(a).
CONCLUSION
For reasons stated above and in the attached Motion,the Court should enter an order
allowing Plaintiff to serve the Notice of Sheriff's Sale upon New Real Owner,Peter Smith,LLC,by
posting the premises and certified mail and regular mail to the New Real Owner,Peter Smith,LLC's, last
known address.
B : �-
Y
KML LA GROUP,P.C.
Alyk Oflazian Pa. ID 312912
Attorneys for Plaintiff
KML Law Group,P.C.
Suite 5000-BNY Independence Center
701 Market Street
Philadelphia,PA 19106-1532
215-627-1322
Attorney for Plaintiff
U.S. BANK NATIONAL ASSOCIATION,AS
TRUSTEE FOR THE SPECIALTY IN THE COURT OF COMMON PLEAS
UNDERWRITING AND RESIDENTIAL FINANCE
TRUST MORTGAGE LOAN ASSET-BACKED of Cumberland County
CERTIFICATES SERIES 2007-BC2
14523 SW Millikan Way
Suite 200
Beaverton,OR 97005 No. 09-3291
vs.
ANTHONY G. SFERLAZZA
120 East Dauphin Street
Enola,PA 17025
CERTIFICATE OF SERVICE
Marlene Powers, an employee of KML Law Group, P.C., counsel for plaintiff, does
hereby certify that true and correct copies of the foregoing Motion for Substituted Service have
been served upon the Defendant, Anthony G. Sferlazza, and New Real Owner, Peter Smith,
LLC,this AQ day of July 2013 by first class mail, postage prepaid.
ANTHONY G. SFERLAZZA
7108 Wertzville Road
Carlisle, PA 17015
ANTHONY G. SFERLAZZA PETER SMITH LLC,NEW REAL OWNER
120 East Dauphin Street 120 East Dauphin Street
Enola, PA 17025 Enola, PA 17025
PETER SMITH LLC NEW REAL OWNER
340 E. Penn Dr#141
Enola, PA 17025
By: -u�2.vL�
KML aw Group, P.C.
Marlene Powers, Legal Secretary
Direct Phone: 215-825-6340
U.S. BANK NATIONAL ASSOCIATION,
AS TRUSTEE FOR THE SPECIALTY
UNDERWRITING AND RESIDENTIAL
FINANCE TRUST MORTGAGE LOAN
ASSET-BACKED CERTIFICATES IN THE COURT OF COMMON PLEAS
SERIES 2007-BC2, OF THE NINTH JUDICIAL DISTRICT
Plaintiff
2009-03291 CIVIL TERM
V.
ANTHONY G. SFERLAZZA,
Defendant
IN RE: MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a)
ORDER OF COURT
AND NOW, this day of 2013, upon consideration of the
Plaintiff's Motion for Substituted Service under Pa.R.C.P. 430(a), the Motion is
GRANTED. Pursuant to Pa.R.C.P. 430(a) and it appearing that Plaintiff has made a
good-faith effort to locate the New Real Owner and undertaken practical efforts to serve
the New Real Owner under the circumstances, Plaintiff is permitted to effectuate service
upon New Real Owner by posting at a conspicuous location at the premises, 120 East
Dauphin Street, Enola, PA 17025, and by certified and regular mail to the last known
address of New Real Owner, 340 East Penn Drive #141, Enola, PA 17025. All further
service of legal papers may be made in the same manner.
BY THE COUR ,
VINVA IASNI'l3d Thomas A. lacey C.P.J.
Distribution List: A -I' t 3 ONV`l2 381 f);')
Michael T. McKeever, Esq.
Anthony G. Sferlazza
Peter Smith, LLC ,.,
0I� 4°-03`I+-y .b�
`KML LAW GROUP,P.C. 81073FC
Suite 5000 CF: 05/26/2009
BNY Mellon Independence Center SD:09/04/2013
]"T
701 Market Street $118,260.30
Philadelphia,PA 19106-1532
2 5 D 52
215-627-1322
Attorney for Plaintiff MU,M`!.
U.S. BANK NATIONAL ASSOCIATION,AS S YL COURT OF COMMON PLEAS
TRUSTEE FOR THE SPECIALTY
UNDERWRITING AND RESIDENTIAL of Cumberland County
FINANCE TRUST MORTGAGE LOAN ASSET-
BACKED CERTIFICATES SERIES 2007-BC2 CIVIL ACTION—LAW
14523 SW Millikan Way
Suite 200 ACTION OF MORTGAGE FORECLOSURE
Beaverton,OR 97005
Plaintiff Tenn
VS. No. 09-3291
ANTHONY G. SFERLAZZA
Mortgagor(s)and
Record Owner(s)
120 East Dauphin Street
Enola,PA 17025
Defendant(s)
CERTIFICATE OF SERVICE
PURSUANT TO Pa.R.C.P.3129.2 (c)(2)
Veronica Cosine,an employee of KML Law Group,P.C.,counsel of Plaintiff,hereby certifies that
service on the Defendants of the Notice of Sheriff Sale was made by:
(X) Personal Service by the Sheriffs Office/competent adult(copy of return attached).
Certified mail by KML Law Group,P.C.(original green Postal return receipt attached).
Certified mail by Sheriffs Office.
Ordinary mail by KML Law Group,P.C.to Attorney for Defendant(s)of record(proof of mailing
attached).
Acknowledgment of Sheriffs Sale by Attorney for Defendant(s)(proof of acknowledgment attached).
Ordinary mail by Sheriffs Office to Attorney for Defendant(s)of record.
IF SERVICE WAS ACCOMPLISHED BY COURT ORDER.
(X) Premises was posted by Sheriffs Office/competent adult(copy of return attached).
Certified Mail&ordinary mail by Sheriffs Office(copy of return attached).
N Certified Mail &ordinary mail by KML Law Group,P.C. (receipt(s)for Certified Mail attached).
Published in accordance with court order(copy of publication attached).
Pursuant to the Affidavit under Rule 3129(copy attached),service on all lienholders(if any)has been made by
ordinary mail KML Law Group,P.C. (copies of proofs of mailing attached).
The undersigned understands that the statements herein are subject to the penalties provided by 18 Pa. C.S.A.
Section 4904.
Respectfully submitted,
191: Veronica Cosme
Legal Assistant
4ddws pt8erider Check type of mail or service: Affix Stamp Here
❑ Certified (If Issued.as a
❑ Recorded Delivery(International) certificate of malling,
❑ COD ❑ Registered or for additional copies ?
�AARKET STREET ❑ Delivery Confirmation ❑ Return Receipt for Merchandise of this bill)
OK ADELPHIA, RA . ❑ Express Mail ❑ Signature Confirmation Postmark and
191 -1532 Q Insyred, Date of Receipt
Handling R
Article.Number Addressee(Name,Street,-aty,State,&ZIP Code) Postage Fee C eP�ST woo
1- PA DEPARTMENT OF PUBLIC WELFARE- TENAN S/OCCUP ANTS
Bureau of Child Support Enforcement 120 East Dauphin Street II ' 1 c40
Health and Welfare Bldg.-Room 432 Enola, 17025 I, - �► 2'9013 li
P.O.Box 2675 o2 4285957 P6 19'0
2.
Harrisburg, - Il
69 ACRI MEADOW ROAD _
DOMESTIC RELATIONS OF CUMBERLAND ENOLA, PA 17025 _ -
COUNTY
PO Box 320
Fy L
3.. Carlisle, PA 17013
EAST PENNSBORO TOWNSHIP fA� z `o'tyi►NE vp tt
98 South Enola Drive
a
' q 191u6" O
4: Z
EAST PENNSBORO TOWNSHIP .'
C/O Henry F.Coyne, Esquire <A
3901 Market Street ob
5 amp Hill, PA 17011
6.
I
7.
8. I
Total(Number of Piece Total Number of Pieces Po as r,11ar(Name of receiving employee)
listed by Sander Received at Post Office See Privacy Act Statement on Reverse .
PS Form 3877,February 2002(Page 1 of 1) Complete by Typewriter,Ink,or Ball Point Pen
81073FC Cumberland County Sale : 09/04/2013
ANTHONY G.SFERLAZZA
........... ......................... ............................. ..........I............. .......... II. ,:i:Na'md,and—Address'o,i's*"in ocri!:!.I:iil'!.�.�.�"!, ...............
❑ Atfik'Stirno'He-r' -------------------0 --------------II:..,XMLLAw-GROUP.,,-P.. sued as:a e o .......U Recorded Defiv r of ma In- M- •----�e y.,,(Iqtem 6 nal) roffoate -11.g,.:WIT 60001 CO 'or-for:addiffonai copip 0 Re I'101'MARKET S. I.............. ❑IDeR lofth%............ IPo.stm�&�rid[77---- p'e.o:ReceIj5t`- ... ... .. .....
-i nsum 19.106;. 532'* W f,
Fd
1.
A
9.
rticle be dre " ,Posts... ......... ..... ..MITHILC .............• iii
I............ -P n r. II1.200............. IA.4 1 I0 7025.INtILF-D.FR I....... ........................... .... .............................. I.......... .. .................... i................. j,IIIIIIIII.......... IIIIIIII ..................... III................ .... ...Iii......... ...... I .......................... ...............I .... .. ...............III.......... III................ III ....................... fIIII.. ......... IIIIIIIII .. ................................ IIIII. ...... .... I..............I IIIIIIIIIIIII ----------........................................ I................ ...... .I IIII ........... IIIt It I.......... ........ .... ........... .... ..........I .... ........ ....IIII ..............IIIIIIIIII .......... I...........
1 .
iii
is i
I ..............4 1
I I
N mP T Nu Pld kstn�stb�Per(Nave'*freceivh ' e ubdr of f b 66�
ste S ?: . Ot , -
y o c 1— --1.e d Act Statenet.on;Re:vess;v I I I
II :-............. .. .....
PS , . -I ' !! .... . . . . . ... . .. . f ri Ic odplete by Tpiwrbr,Ink or Bii 61ni.Pew ..... . .
I I Ir
-
'
073 FC 'CL�ftaftnd COuy 69/04 I
r.
I I . :L
... ...
I : IAN T HONY-G,SF E R L"A"i"ZA PETER SMITH I T H L L I
. IIfij�;jj!1jjj 1!11 j;I ...........III ...................................................... I. ................. ........ ............ ---------
..........
_. .. _
n Your n menu
.......... . . .. ..... :..
.. . ............... ..
. ..
. .................
.......
: :..... .........:...........:.:..:::::--:.:.::.::::.:.. .;....:...:..:.:......
...........:. . :..::. ....:::.;:. .:
...... ... . ... ...................:.:..
.....................:...:...
........:.....:..............::.:.:
.._...... .......
J _':: .
. . :
. Mailer s.Name L.Adureae..,.......� .Pe ': r.. .:'.:.:.'. :.. :......:..:.... .'
' ... :.. :.. .. .. .. .._ .'..:.....•......:..I' rmit Rumba ....
.,'....::. ........:.... _.
...:..........:.....:
I i23
.......... •...:.'..:..:..:..•.. ....:.'.::.::.:: i
.'.....:. .. ...:. .... ........_....,P.......,..............................'.. . .
.'.:::.:... .. ut if 5 ..::_......:.. ....'...:'.:....'..:...
. .. b 000 ..:".:'.:'.:'.'Se'ii'nc .;'.
......... ... .. ........ . ..... ...:. I .. .s. a }"Sietie' :'':'�':�''::':.:`.�;:::�':..'.
. .. .... ... ......... ..................._... 9_ ... ..': ..':. .. ... .. :.�:..'.:';:.':"�:':�.'Cl" s"ot'Mail.:: :.'.::::.`..:.:'`:::":::':.: ::�.::•::
Ph'iladel hla; aA=i910fi: .:...:.:..:.::.::.:......:... '......:..:..:.:..:'.' , i?'s,
P .,.....::.'....
................'..1_.7.237.7.....:..'. •...:. .:. . .;..:..........:.:...:.:.
`— ---- -
................ ..
... .I N
xe
. . ............ ........:.... ....
. ............
t c /...;:..........:..:.....
. .. .18 9......................:...?d.4xrssee Name.'..:..: .... ... ..
. .ErY address..': ...:..-..:. .... .... '�
.. .:.....:...................._.-... ......__.'..... ....T.Yt)?'r`: Fb§Cage,�;;:.��::.�:Fee ::..':�Aetount; :.:°::°:'.C`.: ::'.:'e der'�'.:'..":.:�To
.... .......
............ ......... .... .... .... ..... -
. ........... ... ........................ .:..............:.'....SMIYh I,LC PEKE .. ...
:.. .:.:_9719.9999170329 4175.934......7.340B Pei:n.fDi:..:
.�:':..
.... ...:...
.�::":•:::.:':..' ......: ...:.::.�MI1:F:IItERi:::DEH iSE:LVL'IOH,.:..:.: .0:460.:
:•:
..'..�'..::.. :91719999917032991s- nu ....... ... .. ..... ... ...: .... •..�`.:,�;•:..
•.:.•.'.":..•...:., .. ...... .XL•e, e.�..: ....ERA ... ..L ..'. .�.:::
... . ::.. ..
..Plttsbui h PX 15
-..... ... ... --- --......: 221.. ':c,: :. 3..1G'.:. >'
..•... .... ::.::... ':.:'.:'.::.:.;SOLSEA';.`F1IIS.IAif_)ti.
r. .... .... .. .. ... ... :.:0:%1,50
.'.:".203 Erunsaick':.Road ':......•.:'.'.".:. .'.':�:.::.'
... :... .. ......._._....... ......._..-. .._..___. ...._...' :.:. ...... ..EAR:` '. ..... :�::�::.' �':.1:25'
.. .. ... ... ........ ..
...... '... .... •. ........:•. ':.:'.::.:St ens..CSt '4A-226
Gam.. Y.. 55.::".:.'.".L:'.:•.I...'.'.:: ...1. ; . ... ..
..,.......::-.... ... ........... ..
........
......917199.q 991.7.03294175465: _ .2021.5 camore:St. ............... .......,..::.�:
..�....'..... '... ' : ::•:' ••
..'.. ...;:'...''.
—___ '.
.. ..... ..... .:.:. ....... .:: .: .. '9:44..:;:,:...: :'.
... ........... ......... .... ...... . ...... . ::..'::.:.;.:: .. :. .
.......umulative:.Totale..�.. ..':.':.34 ... :..... ....
...... .... ..:.... ..:.:15..69.':::. :.:'147.40...•
':.'.:�.:�.: ::.:::•..'.:. ..... ..ON
fT3 4-
.'..:.::..':.:'..'.:......1`otal Number 0.. x0 ee��Ae v ..,.... ....'.�.'::.:�:::.:.'.'.',:.�:.:�.'..�.:.. ... ... ... �'::'{•
. .... .... . .. ..
:.:.....
........ ..�...':'Sl' n'a tiire.'of''recelLi.nF .. ..:.'..: ......:.�:.: ..
S¢
xtra '.vi';':
..... ............ .
:.... .. ........
.............
...:......
a .
: .° ... .... •:` :': '.::
..0..1..3...::.......':...':....
D .h{ b cseds u e%20 iv: e prb� hap;apx:
.".:::.:'::.:::..:.:-. F:. ..p-.. .. ... .............. ......................... :
:...
r.:
e
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson .
Sheriff
�anttitr of 4vit�brrr�ft�y
Jody S Smith ,.
Chief Deputy
Richard W Stewart
Solicitor OFFICE.OF THE SNERI.FF
U.S. Bank, NA
vs. Case Number
Anthony G. Sferlazza 2009-3291
SHERIFF'S RETURN OF SERVICE
06/28/2013 04:51 PM -Deputy Tim Black, being duly sworn according to law, served the requested Real Estate Writ,
Notice and Description, in the above titled action, by making known its contents and at the same time
personally handing a true copy to a person representing themselves to be JENNIFER CALLAWAY,
FRIEND, who accepted as"Adult Person in Charge"for Anthony G. Sferlazza at 7108 Wertzville Road,
Carlisle,IPA 17013, Cumberland County.
07/01/2013 06:02 PM-Deputy Shawn Harrison, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the
above titled action, upon the property located at 120 East Dauphin Street, East Pennsboro-Township,
Enola, PA 17025, Cumberland County.
SHERIFF COST: $927.44 SO ANSWERS,
July 16,2013 RbNIV R ANDERSON, SHERIFF
(c)CountySuite Sheriff,Telnosofl.inn.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith A;gj�r aiF4£
Chief Deputy -sue
Richard W Stewart • '�
Solicitor
U.S. Bank, NA
vs.
Case Number
Anthony G. Sferlazza 2009-3291
SHERIFF'S RETURN OF SERVICE
06/2812013 04:51 PM-Deputy Tim Black, being duly sworn according to law, served the requested Real Estate Writ,
Notice and Description,in the above titled action, by making known its contents and at the same time
personally handing a true copy to a person representing themselves to be JENNIFER CALLAWAY,
FRIEND,who accepted as"Adult Person in Charge"for Anthony G. Sferlazza at 7108 Wertzville Road,
Carlisle, PA 17013,Cumberland County.
SHERIFF COST:$903.71 SO ANSWERS,
July 01,2013 RONNY R ANDERSON,SHERIFF
(cj Cou"tySuiEe�her�`,Teleesofl,Inc. `
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA
U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR THE CASE and/or DOCKET No.:09-3291
SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE ;
TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATES Sheriffs Sale Date:9/412013
SERIES 2007-BC2 14523 SW MILLIKAN WAY;et seq.
Plaintiff(Petitioner)
V. ,
ANTHONY G.SFERLAZZA;et al.
Defendant(Respondent)
AFFIDAVIT OF SERVICE
0 Complaint O Summons 2 Other:NOTICE OF SALE
I,RYAN MARKS,certify that I am eighteen years of age or older and that 1 am not a party to the action nor an employee nor relative of a party,and that I
served PFTF,R SMITH LI,L;the above process on the 6 day of August,2013,at 2:30 o'clock,PM,at 120 East Dauphin Street Enola,PA 17025,County of
Cumberland,Commonwealth of Pennsylvania:
Manner of Service:
[�.] By posting a copy of the original process on the most public part of the property pursuant to an order of court
Service was attempted on the following dates/times:
1) 2) 3)
Commonwealth/State of pQ
SS:
County of 04rllC 1 }
Before me,the undersigned not blic his day,personally,appeared,....____.. ._ __Ian _'/����� to me known,who being
duly sworn according to l ,de Q; s•th 'following:
I hereby swear or affir tha sa'fa s set forth in the foregoing Affidavit of Service are true and correct.
Subscribed and savor re me
ignature ofAffiant) this?day of r 20 IJ?
File Number:81 3FC
Case ID#:3727075 Notary Public
COMMONWEALTH OF PE;J:�;YLYANIA
Notarial Seal
Eric M.Aitlerbach,Notary Public
I Washington Twp.,9erls County
L L� My Commission Expires Nov,18,2013
U.S. BANK NATIONAL ASSOCIATION,
AS TRUSTEE FOR THE SPECIALTY
UNDERWRITING AND RESIDENTIAL
FINANCE TRUST MORTGAGE LOAN
ASSET-BACKED CERTIFICATES IN THE COURT OF COMMON PLEAS
SERIES 2007-BC2, OF THE NINTH JUDICIAL DISTRICT
Plaintiff
2009-03291 CIVIL TERM
V.
ANTHONY G. SFERLAZZA,
Defendant
IN RE: MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a)
`- ORDER OF COURT
AND NOW, this day of 2013, upon consideration of the
Plaintiff's Motion for Substituted Service under Pa.R.C.P. 430(a), the Motion is
GRANTED. Pursuant to Pa.R.C.P. 430(a) and-it appearing that Plaintiff has made a
good-faith effort to locate the New Real Owner and undertaken practical efforts to serve
the New Real Owner under the circumstances, Plaintiff is permitted to effectuate service
upon New Real Owner by posting at a conspicuous location at the premises, 120 East
Dauphin Street, Enola, PA 17025, and by certified and regular mail to the last known
address of New Real Owner, 340 East Penn Drive#141, Enola, PA 17025. All further
service of legal papers may be made in the same manner.
Y THE COU ,
a ;i.l(?(; ? ;�'.-►�.' ]' . ii Thomas A. Lacey C.P.J.
Distribution List:
Michael T. McKeever, Esq.
Anthony G. Sferlazza _ f
Peter Smith, LLC :_ !: !
KML LAW GROUP,P.C.
Suite 5000—BNY Mellon Independence Center
701 Market Street
Philadelphia,PA 19106
215-825-6320
Attorney for Plaintiff
U.S.BANK NATIONAL ASSOCIATION,AS IN THE COURT OF COMMON PLEAS
TRUSTEE FOR THE SPECIALTY
UNDERWRITING AND RESIDENTIAL FINANCE of Cumberland County
TRUST MORTGAGE LOAN ASSET-BACKED
CERTIFICATES SERIES 2007-BC2
14523 SW Millikan Way CIVIL ACTION-LAW
Suite 200
Beaverton,OR 97005
Plaintiff ACTION OF MORTGAGE FORECLOSURE
vs. Tenn
No. 09-3291
ANTHONY G. SFERLAZZA
Mortgagor(s)and Record Owner(s)
120 East Dauphin Street
Enola,PA 17025
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129
U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR THE SPECIALTY UNDERWRITING
AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES
2007-BC2,Plaintiff in the above action, by and through an authorized employee of its attorneys,KML Law
Group,P.C., sets forth as of the date the praecipe for the writ of execution was filed the following information
concerning the real property located at:
120 East Dauphin Street
Enola,PA 17025
1.Name and address of Owner(s)or Reputed Owner(s):
ANTHONY G. SFERLAZZA
7108 Wertzville Road
Carlisle,PA 17015
2.Name and address of Defendant(s)in the judgment:
ANTHONY G. SFERLAZZA
7108 Wertzville Road
Carlisle,PA 17015
3.Name and last known address of every judgment creditor whose judgment is a record lien on the property to be
sold:
PA DEPARTMENT OF PUBLIC WELFARE-Bureau of Child Support Enforcement
Health and Welfare Bldg. -Room 432
P.O.Box 2675
Harrisburg,PA 17105-2675
DOMESTIC RELATIONS OF CUMBERLAND COUNTY
PO Box 320
Carlisle, PA 17013
EAST PENNSBORO TOWNSHIP
98 South Enola Drive
Enola,PA 17025
EAST PENNSBORO TOWNSHIP
C/O Henry F. Coyne,Esquire
3901 Market Street
Camp Hill,PA 17011
4.Name and address of the last recorded holder of every mortgage of record:
5.Name and address of every other person who has any record interest in or record lien on the property and
whose interest may be affected by the sale:
PETER SMITH LLC
340 E Penn Drive
#141
Enola,PA 17025
6.Name and address of every other person of whom the plaintiff has knowledge who has any record interest in
the property which may be affected by the sale.
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.
TENANTS/OCCUPANTS
120 East Dauphin Street
Enola,PA 17025
ALEXIS S. ABELN
69 ACRI MEADOW ROAD
ENOLA,PA 17025
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.
DATED: August 23, 2013
Law Group,P.C.
BY: Veronica Cosme
Legal Assistant
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson
Sheriff . • , -I:E P o o :;
U of ..crap`
Jody S Smith 25 f ii A,PR 10 2 29
Chief Deputy
Richard W Stewart
Solicitor
CUMBERLAND COUNTY
PENNSYLVANIA
U.S. Bank, NA
vs.
Anthony G. Sferlazza
Case Number
2009 -3291
SHERIFF'S RETURN OF SERVICE
06/28/2013 04:51 PM - Deputy Tim Black, being duly sworn according to law, served the requested Real Estate Writ,
Notice and Description, in the above titled action, by making known its contents and at the same time
personally handing a true copy to a person representing themselves to be JENNIFER CALLAWAY,
FRIEND, who accepted as "Adult Person in Charge" for Anthony G. Sferlazza at 7108 Wertzville Road,
Carlisle, PA 17013, Cumberland County.
07/01/2013 06:02 PM - Deputy Shawn Harrison, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the
above titled action, upon the property located at 120 East Dauphin Street, East Pennsboro - Township,
Enola, PA 17025, Cumberland County.
09/04/2013 As directed by Michael McKeever, Attorney for the Plaintiff, Sheriff's Sale Continued to 10/2/2013
10/02/2013 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, 1 Courthouse Square, Carlisle, Cumberland County, PA on October 2,
2013 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Michael McKeever, on behalf of
U.S. Bank National Association, As Trustee in Trust for Registered Holders of Specialty Underwriting and
Residential Finance Trust,
Mortgage Loan Asset - Backed Certificates, Series 2007 -BC2, being the buyer in this execution, paid to the
Sheriff the sum of $
SHERIFF COST: $786.71 SO ANSWERS,
April 09, 2014 RONNY R ANDERSON, SHERIFF
C) :ountySut :? ,Cefitf. TeU osc t, Icc.
itof,00Fd.c2 .
gas - pot -a.
194 30Y:72 /
On June 13, 2013 the Sheriff levied upon the
defendant's interest in the real property situated in
East Pennsboro Township, Cumberland County, PA,
Known and numbered as, 120 East Dauphin Street,
Enola, as Exhibit "A" filed with this
writ and by this Reference incorporated herein.
Date: June 13, 2013
By:
CLUCLif
Real Estate Coordinator
LXII 30 CUMBERLAND LAW JOURNAL 07/26/13
2009 -3291 Civil Term
U.S. BANK, NA
vs.
ANTHONY G. SFERLAZZA
Atty.: Michael McKeever
IMPROVEMENTS consist of a
residential dwelling.
BEING PREMISES: 120 East Dau-
phin Street Enola, PA 17025.
SOLD as the property of ANTHO-
NY G. SFERLAZZA.
TAX PARCEL #09 -14- 0832 -152.
97
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:
July 26, August 2 and August 9, 2013
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.
isa Marie Coyn, Editor
SWORN TO AND SUBSCRIBED before me this
9 da of Au • ust 2013
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2014
VAMEIRR
Th Patriot-NewsCo'
~.'_ 1900 Patriot Drive
Mechanicsburg, PA1�050
InK�uiries-717^255 '213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE PA 17013
the atria PatriotXews
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
Michael J. Morrow, being duly sworn according to law deposes and says:
That he is the 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 1900 Patriot Drive, 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 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.
' PUBLICAT|ON COPY
2009-329 Civil Term
U.S. BANK, NA
vs.
ANTHONY G. SFERLAZZA
wny: Michael McKeever
IMPROVEMENTS consist of a residential
dwelling.
BEING PREMISES: 120 East Dauphin
Street Eno la, PA 17025
SOLD as the property of ANTHONY G.
SFERLAZZA
TAX PARCEL *wv1^-083z'n2
This ad ran on the date(s) shown below:
07/28/13
08/04/13
08/11/13
Svvorno- ndaubonhbe 2 day of August, 2D13A`D.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Holly Lynn Warfel, Notary Public
Washington TWp., Dauphin County
My ComrnisslOn Expires Dec. 12, 2016
MEMBER, PENIdsrivANIA ASsOaATION OF NOTARIES
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
} SS:
I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the
Sheriff's Deed in which U.S. Bank National Association as Trustee in Trust for Registered Holders of
Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset - Backed Certificates Series
2007 -BC2 is the grantee the same having been sold to said grantee on the 2nd day of October A.D.,
2013, under and by virtue of a writ Execution issued on the 22nd day of May, A.D., 2013, out of the
Court of Common Pleas of said County as of Civil Term, 2009 Number 3291, at the suit of U.S. Bank
National Association as Trustee for the Specialty Underwriting and Residential Finance Trust, Mortgage
Loan Asset - Backed Certificates, Series 2007 -BC2 against Anthony G. Sferlazza is duly recorded as
Instrument Number 201407354.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this /0 H) day of
Apr('
, A.D. aC7l ll
i�
0. (All.2 Yi, P v!t
Recorder of Deeds, umberland County, Carlisle PA Recorder o(Deeds
My Commission Expires the First Monday of Jan. 2018