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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%............ 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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