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HomeMy WebLinkAbout09-7116Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit #7 Secane, PA 19018 (610) 328-2887 Attorney I.D. #52634 U.S. BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO LASALLE BANK, N.A. AS TRUSTEE FOR THE MLMI TRUST SERIES 2006-MLN1 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 PLAINTIFF V. MATTHEW J. GILBERT AND BETH A. GILBERT 123 Holly Drive Mechanicsburg, PA 17055 DEFENDANTS 25268CFC-DD Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 0q-17111o 0-t"a-Term CIVIL ACTION - MORTGAGE FORECLOSURE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HHtING 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 ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dial de plazo al partir de la fecha de la demanda y la notificacion. Hace falta a sentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las.demandas en contra de su persona. Sea a visado que si usted no se defiende, la corte toma ra medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades o otros de rechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO. ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRATAR A UN ABOGADO. SI USTED NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE PODEMOS DAR INFORMACION SOBRE AGENCIES QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O GRATUITO CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15. U.S.C. §1692, et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANYT PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQQEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECFEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit #7 25268CFC-DD Attorney for Plaintiff Secane, PA 19018 (610) 328-2887 Attorney I.D. #52634 U.S. BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO LASALLE BANK, N.A. AS TRUSTEE FOR THE MLMI TRUST SERIES 2006-MLN1 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 PLAINTIFF V. MATTHEW J. GILBERT AND BETH A. GILBERT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 0 9- 7 I 1 G CLJ'Lt ! ?. . 123 Holly Drive Mechanicsburg, PA 17055 DEFENDANTS CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is U.S. Bank National Association, as Successor Trustee to Bank of America, National Association, as successor by merger to LaSalle Bank, N.A. as Trustee for the MLMI Trust Series 2006-MLN1, a bank organized and existing under state law, with offices for the conduct of business at 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005. 2. Defendants, Matthew J. Gilbert and Beth A. Gilbert are the mortgagors and real owners of premises 123 Holly Drive, Mechanicsburg, PA 17055, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendants, mortgagors and real owners, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to Mortgage Electronic Registration Systems, Inc. as Nominee for Mortgage Lenders Network on May 5, 2006, which mortgage is recorded on May 10, 2006 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Record Book 1950, Page 832, secured on premises 123 Holly Drive, Mechanicsburg, PA 17055 a true and correct description of which is attached hereto as Exhibit I. 4. The mortgage has since been assigned to the Plaintiff herein. 5. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 6. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made in conformity with the terms of the mortgage, from June 2009 and each month thereafter, up to and including the present time. 7. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance $ 157,451.11 Interest from 5/1/2009 to 10/13/2009 at $35.37 per diem $ 5,871.42 Accrued late charges $ 3,085.81 Accrued Escrow deficit $ 14,023.30 Corporate Advances $ 167.00 Attorney's Fee (5% of unpaid Principal balance) $ 7,872.56 Title Information Certificate $ 415.00 NSF Fee $ 40.00 Total $ 188,926.20 9. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriffs sale. If the mortgage is reinstated prior to the Sheriffs sale, reasonable attorney's fees will be charged based on work actually performed. 10. Plaintiff sent to defendants, mortgagors and real owners a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not been received and Act 91 assistance has not been granted, although the applicable time periods provided by statute have expired (Exhibit II). WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of $188,926.20, plus per diem interest at $35.37 from October 14, 2009 to the date of judgment plus costs thereon. Martha E. Von Rosenstiel Attorney for Plaintiff VERIFICATION MARTHA E. VON ROSENSTIEL, ESQUIRE, of full age, verifies that she is the attorney for the plaintiff in the foregoing action; that she is authorized to make this verification on behalf of plaintiff; and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. This verification is being executed by the attorney for plaintiff in accordance with Pa R.C.P. 1024( c ) as a signed verification could not be obtained by plaintiff within the time allowed for filing of the pleading. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. Martha E. Von osens ie Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the improvements thereon erected, situate in the Township of Upper Allen, County of Cumberland, and State of Pennsylvania, bounded and described as follows: BEGINNING at a point in the Southern line of Holly Drive (50 feet wide), which said point is in the division line between Lots Nos. 76 and 77 on the hereinafter mentioned Plan of Lots; thence along the Southern line of Holly Drive, North 65 degrees 24 minutes 40 seconds East, 90.00 feet to a point in the division line between Lots Nos. 77 and 78 on said Plan; thence along the division line between Lots Nos. 77 and 78, South 24 degrees 35 minutes 20 seconds East, 153.13 feet to a point; thence South 67 degrees 40 minutes 15 seconds West, 90.07 feet to a point in the division line between Lots Nos. 76 and 77 on said Plan, aforementioned; thence along the division line between Lots Nos. 76 and 77, North 24 degrees 35 minutes 20 seconds West, 149.58 feet to a point in the Southern line of Holly Drive, aforementioned, at the point and place of Beginning. BEING Lot No. 77, Section 5, Revised, of the Plan of Spring Run Acres, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 20, Page 87. HAVING THEREON ERECTED a brick and aluminum Dutch Colonial two-story dwelling known and numbered as 123 Holly Drive, Mechanicsburg, Pennsylvania. TAX PARCEL #42-28-2421-078 onNerr.o Wilshire- September 8, 2009 CERTIFIED RETURN RECEIPT AND REGULAR FIRST CLASS MAIL LI78G GILBERT, MATTHEW J 123 HOLLY DR MECHANICSBURG, PA 17055 RE: Loan No.: 2619050 ACT 91 NOTICE Phone 888.502.0100 Fax 503.952.7476 Website https://www.wec.ml.com TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE (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.state.co.us/cadeicadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. 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. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L178G Wilshire Credit Corporation Payments P.O. BOX 105344; Atlanta, GA 30348-5344 or P.O. Box 7195; Pasadena, CA 91109-7195 Correspondence P.O. Box 8517; Portland, OR 97207-8517 GILBERT, MATTHEW J Loan No.: 2619050 Page 2 September 8, 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 INMEDIATAMENTE LLAMANDO ESTA AGENCIA.(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO 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): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: GILBERT, MATTHEW J 123 HOLLY DR MECHANICSBURG, PA 170555527 2619050 Mortgage Lenders Network USA, Inc. Wilshire Credit Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM 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 (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.state.co.us/cadc/cademain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. 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. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific rime, holidays excluded. L/ 78G 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. GILBERT, MATTHEW J Loan No.: 2619050 Page 3 September 8, 2009 • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - 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 WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE, IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS 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. CONSUMER 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 designated consumer credit counseling agencies for the county in which the property 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 immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - 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 FILE A HEMAP APPLICATION AS SOONAS POSSIBLE. IF YOU HA VE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE JM FILE AN APPLICATION WITHPHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORCLOSURE' YUU HAVE I. . K[c;HT "U t ILE A HEMP APPLILAI1UN EVEN BEYUND THESE TIME PE. IOD . A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. (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.state.co.us/cadc/cadcmain.cftn. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. 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. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. Ll78G GILBERT, MATTHEW J Loan No.: 2619050 Page 4 September 8, 2009 AGENCY ACTION - 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 it up to date.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 123 HOLLY DR MECHANICSBURG, PA 170555527 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: June 2009, July 2009, August 2009, September 2009 Past Due Installments: Totals Principal $518.59 Interest 4,387.10 Escrow Installment 3,608.52 $8,514.21 Other Open Charges: Prior Servicer Charge WCC Char>ies Late Charges $0.00 $2,931.66 $2,931.66 Returned Check Charge, 0.00 40.00 40.00 Speedpay Charges 0.00 15.00 15.00 Escrow Advance Interes 0.00 363.37 363.37 Property Inspections 0.00 22.00 22.00 Valuations 0.00 130.00 130.00 $3,502.03 (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.state.co.us/cade/cadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. 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. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L178G GILBERT, MATTHEW J Loan No.: 2619050 Page 5 September 8, 2009 Less Suspense (Balance) $0.00 TOTAL $12,016.24 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $12,016.24, 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 sent to: Wilshire Credit Corporation P.O. Box 7195 Pasadena, CA 91109-7195 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt, 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 to foreclose upon your mortgaged property, IF THE 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 you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees, OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. T TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writine by the lender, and by performing _anyother requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFFS SALE DATE - It is estimated that the earliest date that such a Sheriffs (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.state.co.us/cadc/cadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. 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. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L! 78G GILBERT, MATTHEW J Loan No.: 2619050 Page 6 September 8, 2009 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 lender/servicer. rl.101?'Alllxklla Axe a It Name of Lender/Servicer: Address: Phone Number: Fax Number: Contact Person(s): E-Mail Address: Wilshire Credit Corporation P.O. Box 8517 Portland, OR 97207-8517 888.917.1050 503.946.3848 Holli Jennings or David Solomon loanworkoutgeneral@wcc.mLcom 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. ASSUMPTION OF MORTGAGE - 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. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • 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 (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.state.co.us/eade/cadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. 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. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L! 78G GILBERT, MATTHEW J Loan No.: 2619050 Page 7 September 8, 2009 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. • 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://Www.ago.state.co.us/cadc/cadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. 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. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L 178G MV 19h Wilshire- United States Department of Housing and Urban Development Servicemembers Civil Relief Act Notice Legal Rights and Protections Under the SCRA Servicemembers 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 Legal Protections Under the SCRA? • 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 Legal Protections Are Servicemembers Entitled to Under the SCRA? 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. How Does a Servicemember or Dependent Request Relief Under the SCRA? • 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 97207-8 5 1 7 How Does a Servicemember or Dependent Obtain Information About the SCRA? • The U.S. Department of Defense's information resource is "Military One Source." Web site: <http://www.militaryonesource.coin>. The toll-free 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: 1-484- 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://legalassistance.law.af.mil/content/locator.Thn>. 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/cadc/cadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. 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. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L 178G W. Wilshire- September 8, 2009 CERTIFIED RETURN RECEIPT AND REGULAR FIRST CLASS MAIL L 178G GILBERT, BETH A 123 HOLLY DR MECHANICSBURG, PA 17055 RE: Loan No.: 2619050 ACT 91 NOTICE Phone 888.502.0100 Fax 503.952.7476 Website hftps://www.woc.mi.com TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE (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.state.co.us/cadc/cadcmain.cfn. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. 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. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L 178G Wilshire Credit Corporation Payments P.O. BOX 105344; Atlanta, GA 30348-5344 or P.O. Box 7195; Pasadena, CA 91109-7195 Correspondence P.O. Box 8517; Portland, OR 97207-8517 GILBERT, BETH A Loan No.: 2619050 Page 2 September 8, 2009 LA NOTIFICACI6N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACI6N OBTENGA UNA TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO 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): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: GILBERT, BETH A 123 HOLLY DR MECHANICSBURG, PA 170555527 2619050 Mortgage Lenders Network USA, Inc. Wilshire Credit Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL A 15TANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE. PAYMENTS, 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 (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.state.co.us/cadc/cadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. 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. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm 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. GILBERT, BETH A Loan No.: 2619050 Page 3 September 8, 2009 • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - 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 WITHIN THIRTY-THREE (331 DAYS OF THE DATE OF THIS NOTICE, IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE.THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS 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. CONSUMER 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 designated consumer credit counseling agencies for the county in which the property 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 immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - 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 FILE A HEMAP APPLICATION AS SOONAS POSSIBLE. IF YO U HA VE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE fn FILE AN APPLICATION WITHPHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORCLOSURE ". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. (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.state.co.us/eadc/cadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. 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. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. LI78G GILBERT, BETH A Loan No.: 2619050 Page 4 September 8, 2009 AGENCY ACTION - 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 it up to datg j NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 123 HOLLY DR MECHANICSBURG, PA 170555527 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: June 2009, July 2009, August 2009, September 2009. Past Due Installments: Totals Principal $518.59 Interest 4,387.10 Escrow Installment 3,608.52 $8,514.21 Other Open Charges: Prior Servicer Charge WCC Charges Late Charges $0.00 $2,931.66 $2,931.66 Returned Check Charge,, 0.00 40.00 40.00 Speedpay Charges 0.00 15.00 15.00 Escrow Advance Interes 0.00 363.37 363.37 Property Inspections 0.00 22.00 22.00 Valuations 0.00 130.00 130.00 $3,502.03 (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.state.co.us/cade/eademain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. 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. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L 178G GILBERT, BETH A Loan No.: 2619050 Page 5 September 8, 2009 Less Suspense (Balance) $0.00 TOTAL $12,016.24 HOW TO CURE. THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $12,016.24, 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 sent to: Wilshire Credit Corporation P.O. Box 7195 Pasadena, CA 91109-7195 IF YOU DO NOT CURE THE. DEFAUL - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt, 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 to foreclose u own your mortgaged prollertY IF THE 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 you cure the default within the THIRTY (30) DAY period you will not be required to pa attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SAL E - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paving the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender, and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs (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.state.co.us/cads/cadcmain.cfln. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. 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. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L / 78G GILBERT, BETH A Loan No.: 2619050 Page 6 September 8, 2009 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 lender/servicer. HOW TO CONTACT THE LENDER/SERVICER: Name of Lender/Servicer: Address: Phone Number: Fax Number: Contact Person(s): E-Mail Address: Wilshire Credit Corporation P.O. Box 8517 Portland, OR 97207-8517 888.917.1050 503.946.3848 Holli Jennings or David Solomon loanworkoutgeneral@wcc.ml.com 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. ASSUMPTION OF MORTGAGE - 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. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • 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 (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.state.co.us/cadc/cadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. 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. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. LI78G GILBERT, BETH A Loan No.: 2619050 Page 7 September 8, 2009 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. • 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://www.ago.state.co.us/cade/cademain.cfn. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. 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. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L178G MV ' Wilshire- United States Department of Housing and Urban Development Servicemembers Civil Relief Act Notice L eeal Rh!hts and Protections Under thg SCRA Servicemembers 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 Legal Protections Under the SCRA? • 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 Legal Protections Are Servicemembers Entitled to Under the SC A? 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. How Does a Servicemember or Dependent Request Relief Under the SCRA? • 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 Dependent Obtain Information About the 4C A? • The U.S. Department of Defense's information resource is "Military One Source." Web site: <Iittp://www.militaiyonesource.coin>. The toll-free 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: 1-484- 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://Ie?,yalassistance.law.af.niil/content/locator.ph --. 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/cads/cadcmain.cfin. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. 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. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L 178G FILE' _.,-r, THE IARY 2009 OCT 16 N 2: 2 0 ( 1h . +rjg .5o Pa ATtl oZ3o21(o(o Sheriffs Office of Cumberland County FILED-tai ACE R Thomas Kline OF THE PDCT# 101 OTM Sheriff f ??rta of ii ?t?brr? Ronny R Anderson ` s 2009 OCT 29 AM 10: 18 Chief Deputy ` Jody S Smith CU (J UNFIr r Civil Process Sergeant aFIFIce OF THE swERIFF Edward L Schorpp Solicitor US Bank National Association Case Number vs. 2009-7116 Matthew J. Gilbert SHERIFF'S RETURN OF SERVICE 10/27/2009 07:07 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 27, 2009 at 1907 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Beth A. Gilbert, by making known unto herself personally, at 123 Holly Drive Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. 10/27/2009 07:07 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 27, 2009 at 1907 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Matthew J. Gilbert, by making known unto Beth Gilbert, wife of defendant at 123 Holly Drive Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.00 SO ANSWERS, ?y October 28, 2009 R THOMAS KLINE, SHERIFF -? Deputy heriff MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 PROTHONOTAR"( Jacqueline F, McNally, Esquire / No. 201332' 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO 21112 FHB -9 AM 35 c,UMBENRLAND COUNTY 25268-CPG-JFM COURT OF COMMON PLEAS CUMBERLAND COUNTY LASALLE BANK, N.A. AS TRUSTEE FOR : THE MLMI TRUST SERIES 2006-MLN1 Case No: 09 - 7116 Plaintiff vs. MATTHEW J. GILBERT AND BETH A. GILBERT Defendant(s) PRAECIPE TO SUBSTITUTE ATTORNEY TO THE PROTHONOTARY: Kindly withdraw my appearance as attorney for the Plaintiff in the abov Respectfully Submitted, MARTHA E. VON RO; P.C. E. Von Rosenstiel, Esquire Jacqueline F. McNally, Esquire Attorneys for Plaintiff Dated: January 11, 2012 TO THE PROTHONOTARY: action. Kindly enter my appearance as attorney for the Plaintiff in the above captioned action. Dated: January 11, 2012 Respectfully Submitted, MCCABE, WEISBERG & CONWAY, P.C. ' ??/C Gt/f BY: McCABE, WEISBERG, CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO LASALLE BANK, N.A. AS TRUSTEE FOR THE MLMI TRUST SERIES 2006-MLNl Plaintiff VS. MATTHEW J. GILBERT AND BETH A. GILBERT Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Case No. 09-7116 CERTIFICATE OF SERVICE I, MARC S. WEISBERG, Esquire, Attorney for Plaintiff, hereby certifies that a true and correct copy of the within Praecipe to Substitute Attorney was served on the below parties on the day of February, 2012, by the United States mail, first class: Matthew J. Gilbert Beth A. Gilbert 123 Holly Drive Mechanicsburg, PA 17055 DATE: I ?L MAR S. WEISBERG, ESQUIRE Attorney for Plaintiff U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS SUCCESSOR BY IN THE COURT OF COMMON PLEAS MERGER TO LASALLE BANK, N.A. OF THE NINTH JUDICIAL DISTRICT AS TRUSTEE FOR THE OF MLMI TRUST, SERIES 2006-MLN1 Plaintiff V. MATTHEW J. GILBERT AND BETH A. GILBERT Defendants 2009-07116 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS, P.J., MASLAND, AND PLACEY, J.J. ORDER OF COURT AND NOW, this 4th day of April 2013, upon consideration of Plaintiffs Motion for Summary Judgment and the accompanying memorandum, together with a review of the Complaint, Defendant's answer that is a letter filed with the Court indicating an attempt to participate in a "Home Affordable Modification Trial Period Plan"; and no brief or response to this Motion, the Motion for Summary Judgment in Mortgage Foreclosure is GRANTED. Judgment is entered against Defendant's in the amount stated in Plaintiffs Affidavit, $205,101.43, together with interest at a rate of$35.0678 per day from 17 August 2012 to the entry of judgment, plus costs and interest from the date of judgment as provided by law. BY THE COURT, Thomas A. I cey C.P.J. Distribution: Marc S. Weisberg, Esq. Matthew J. Gilbert �. d' Beth A. Gilbert _ Court Administrator- /gnu,lean / �--<-.> 1 ` >C*� CD' McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 fiv j MARISA J.COHEN,ESQUIRE-ID#87830 '�'l j" 1' f 1 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 � i;y ANN E.SWAB ZESQUIRE-ID#0 926 321 � Ehf�t'$}'LVAt��Nr}' JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 JENNIFER L.WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 U.S.Bank,National Association,as Successor Trustee to CUMBERLAND COUNTY Bank of America,N.A.,as Successor by Merger to COURT OF COMMON PLEAS Lasalle Bank,N.A.,as Trustee for the Certificateholders of the MLMI Trust,Mortgage Loan Asset-Backed Certificates,Series 2006-MLN1 Plaintiff Number 2009-07116 V. Matthew J.Gilbert and Beth A.Gilbert Defendants ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment in favor of Plaintiff and against Defendants,Matthew J.Gilbert and Beth A.Gilbert,in the above-captioned matter as set forth in the attached Order dated April 4,2013 and assess damages as follows: Amount Due $205,101.43 Interest from 8/18/12 to 2/17/14 per diem thereafter$35.0678 $ 19,252.22 Total $224,353.65 Mc=McCabe, Q CONWAY,P.C. BY: [ Marc S.Wei erg,Esq. [ ]Edward D.Conway,Esq. [ ]Margaret Gairo,Esq. [ ]Andrew L.Markowitz,Esq. [ ]Heidi R.Spivak,Esq. [ ]Marisa J.Cohen,Esq. [ ]Christine L.Graham,Esq. [ ]Brian T.LaManna,Esq. [ ]Ann E.Swartz,Esq. [ ]Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. [ ]Celine P.DerKrikorian,Esq. [ ]Jennifer L.Wunder,Esquire [ ]Lena Kravets,Esquire Attorneys for Plaintiff AND NOW, this O day of I y� , 2014, Judgment is entered in favor of Plaintiff, U.S. Bank, National Association,as Successor Trustee to Bank of America,N.A.,as Successor by Merger to Lasalle Bank,N.A.,as Trustee for the Certificateholders of the MLMI Trust,Mortgage Loan Asset-Backed Certificates,Series 2006-MLNI,and against Defendants,Matthew J.Gilbert and Beth A.Gilbert,in rem only and not in personam,and damages are assessed in the amount of$224,95+6�,plus interest and costs. awl 6 'Po5 J bi. 3 BY PRO Y. c� } �$�I 33 �- ' red McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 JENNIFER L.WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 U.S.Bank,National Association,as Successor Trustee CUMBERLAND COUNTY to Bank of America,N.A.,as Successor by Merger to COURT OF COMMON PLEAS Lasalle Bank,N.A.,as Trustee for the Certificateholders of the MLMI Trust,Mortgage Loan Number 2009-07116 Asset-Backed Certificates, Series 2006-MLN1 Plaintiff v. Matthew J.Gilbert and Beth A.Gilbert Defendants AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: The undersigned,being duly sworn according to law,deposes and says that the Defendants,Matthew J.Gilbert and Beth A.Gilbert, are not in the Military or Naval Service of the United States or its Allies,or otherwise within the provisions of the Servicemembers Civil Relief Act,50 U.S.C.App. §501,et seq.;and that the Defendants,Matthew J. Gilbert and Beth A.Gilbert,are over eighteen(18)years of age,and reside as follows: Matthew J.Gilbert, 123 Holly Drive Mechanicsburg,PA 17055 Beth A.Gilbert, 123 Holly Drive Mechanicsburg,PA 17055 MCCABE,WEISBERG CONWAY, .C. SWORN AND SUBSCRIBED P BY: BEFORE ME THIS AL DAY [ ]Terrence J.McCabe,Esq. [ arc S.Weisberg,Esq. [ ]Edward D.Conway,Esq. [ ]Margaret Gairo,Esq. OF 2014 [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. Marisa J.Cohen,Esq. [ ]Christine L.Graham,Esq. [ ]Brian T.LaManna,Esq. [ ]Ann E. Swartz,Esq. NOTARY PUBLIC [ ]Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. COMMONWEALTH OF PENNSYLVANIA [ ]Celine P.DerKrikorian,Esq. [ ]Jennifer L.Wunder,Esquire NOT4RlAL SEAL [ ]Lena Kravets,Esquire DEAN R.JACOBS JR.,Notary Public Attorneys for Plaintiff City of Philadeiphla,r hila.County My Commission Expires June 27,2017 Department of Defense Manpower Data Center Results as of:Fab-19-201406:57:17 AM SCRA 3.0 Status Ropwt Pursuant to Savicemenibers Civil Relief Act Last Name: GILBERT First Name: MATTHEW Middle Name: J. Active Duty Status As Of: Feb-19-2014 On Active Duty On AcNal Duty status Date "a Start Date Active Duty End Date Statue Servksa Cam t NA NA Na 4, NA This response reflects the 1tWividuaW aotfve duty status based on the Aar Du Status Date S left Active Wfthln 367 Dwya of Active Duty Statue Date Active D Start Date Active , End Data': Statue Servka Can rant NA NA NA This response reflects where 1h6anclMdual left active d status wlihln 3LTdays precedi!V theIA44"'6uty Status Date The Member or Me/Her Lit Was Nogfled of a Future Call-Up ro Active Duty'on Active D` Status Date Order Notification Start Date Order Notiflcadw End Dais Status Service Dcrru ponen t NA ..tits... ' "ti` NA This response reflects whet U-1,111 or histherlihit has received earl tYt4tlif$et�h 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 his/her unit receiving notification of future orders to report for Active Duty. A 4%,i#47_44� 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 at 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://www.defenselink.mil/faq/pis/PC09SLDR.html. 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 call 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: 77G2PD98T020N20 Department of Defense Manpower Data Center Results as of:Feb-19-2014 06:59:04 AM SCRA 3.0 40 19%WS Repw Pmu mt to SmTkemembers Civfl Relief Act Last Name: GILBERT First Name: BETH Middle Name: A. Active Duty Status As Of: Feb-19-2014 k1 Activa Ou Qn AcMve Status Date 7 Active Du Start Date Active End Date,' Statue 8ervk Componen t JO '_ NA NA NA This response re%g§the Individuals'active du status based on the ActWe DuT status Date Left Active Within 367 Days of Aetive Du status bete Active Duty Date Active Duty End Date' Statue Servke GeH11 t NA t 71) (�NA _ o NA This response reflects Where ihBindi4ldual left active �af us w4;06X'a di the ctive'Du Status Date E � This Member or Hls/Ner Unit Was Notirted of a Future celWip to Active on Active 6uty. 318tus beta Order Notiflcatkm Start Date Order Notlflcatbn End Date status service climpovht NA 3 .Nd' aury,'r NA b This response reflects whether the it dK4dual or his/herYunit has reaefved earl notifloadon to report for active duty - Upon searching the data banks of the Department of Defense Manpower Qeta tenter,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 his/her unit receiving notification of future orders to report for Active Duty. Y)Iaot )4. LA.A.01. 7"'lill t 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 at 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:hftp://www.defenselink.mil/faq/pis/PC09SLDR.html. 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 maybe 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 call 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: 87WE3DC8R020F70 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 JENNIFER L.WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 U.S.Bank,National Association,as Successor Trustee COURT OF COMMON PLEAS to Bank of America,N.A.,as Successor by Merger to CUMBERLAND COUNTY Lasalle Bank,N.A.,as Trustee for the Certificateholders of the MLMI Trust,Mortgage Loan Number 2009-07116 Asset-Backed Certificates,Series 2006-MLN1 Plaintiff V. Matthew J.Gilbert and Beth A.Gilbert Defendants AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANTS COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: The undersigned attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby deposes and says that the last-known mailing addresses of the Defendants are: Matthew J.Gilbert 123 Holly Drive Mechanicsburg,Pennsylvania 17055 Beth A.Gilbert 123 Holly Drive Mechanicsburg,Pennsylvania 17055 McCABE,W SBERG AND CO AY,P.C. SWORN AND SUBSCRIBED BY: u/2 BEFORE ME THIS 11 to DAY [ ] Terrence J.McCabe,Esq. [` Marc S. W sberg,Esq. [ ]Edward D.Conway,Esq. [ ]Margaret Gairo,Esq. OF �is��s'1 ,2014 [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. n [ ]Marisa J.Cohen,Esq. [ ] Christine L.Graham,Esq. Brian T.LaManna,Esq. [ ]Ann E. Swartz,Esq. NOTARY PUBLIC [ ]Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. COMMONWEALTH OF PENNSYLVANIA [ ]Celine P.DerKrikorian,Esq. [ ]Jennifer L.Wunder,Esquire NOTANAL SEAL [ ]Lena Kravets,Esquire DEAN R.JACOBS,-A.,Notary Public Attorneys for Plaintiff City of Philadelphia,, ila.County My Commission Expires June 27,2017 VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative,who is out of jurisdiction and not available to sign this verification at this time,are true and correct to the best of his/her knowledge,information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE,WEISBEPp AND C NWAY P.C. BY: C' [ ] Terrence J.McCabe,Esq. [ arc S.Weisber ,Esq. [ ]Edward D.Conway,Esq. [ ]Margaret Gairo;Esq. [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. [ ]Marisa J.Cohen,Esq. [ ]Christine L.Graham,Esq. [ ]Brian T.LaMantia,Esq. [ ]Ann E. Swartz,Esq. [ ]Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. [ ]Celine P.DerKrikorian,Esq. [ ]Jennifer L.Wunder,Esquire [ ]Lena Kravets,Esquire Attorneys for Plaintiff U.S.Bank,National Association,as Successor Trustee to Bank of America,N.A.,as Successor by Merger to Lasalle Bank,N.A., as Trustee for the Certificateholders of the MLMI Trust,Mortgage Loan Asset-Backed Certificates,Series 2006-MLN1 v. Matthew J.Gilbert and Beth A.Gilbert Cumberland County;Number: 2009-07116 U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS SUCCESSOR BY IN THE COURT OF COMMON PLEAS MERGER TO LASALLE BANK, N.A. OF THE NINTH JUDICIAL DISTRICT AS TRUSTEE FOR THE OF MLMI TRUST, SERIES 2006-MLN1 Plaintiff V. MATTHEW J. GILBERT AND BETH A. GILBERT Defendants 2009-07116 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS, P.J., MASLAND, AND PLACEY, J.J. ORDER OF COURT AND NOW, this 4th day of April 2013, upon consideration of Plaintiffs Motion for Summary Judgment and the accompanying memorandum, together with a review of the Complaint, Defendant's answer that is a letter filed with the Court indicating an attempt to participate in a "Home Affordable Modification Trial Period Plan"; and no brief or response to this Motion, the Motion for Summary Judgment in Mortgage Foreclosure is GRANTED. Judgment is entered against Defendant's in the amount stated in Plaintiffs Affidavit, $205,101.43, together with interest at a rate of$35.0678 per day from 17 August 2012 to the entry of judgment, plus costs and interest from the date of judgment as provided by law. BY THE COURT, Thomas A. 1 cey C.P.J. Distribution: c Marc S. Weisberg, Esq. rn Cp Matthew J. Gilbert Beth A. Gilbert ' Court Administrator �Cc ^r r Cn - OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle,Pennsylvania 17013 Prothonotary To: Matthew J.Gilbert 123 Holly Drive Mechanicsburg,Pennsylvania 17055 U.S.Bank,National Association,as Successor Trustee to Bank of America,N.A.,as Successor by Merger to COURT OF COMMON PLEAS Lasalle Bank,N.A.,as Trustee for the CUMBERLAND COUNTY Certificateholders of the MLMI Trust,Mortgage Loan Asset-Backed Certificates, Series 2006-MLN1 Plaintiff No.2009-07116 V. Matthew J.Gilbert and Beth A.Gilbert Defendants NOTICE Pursuant to Rule 236,you are hereby notified that a JUDGMENT h een a ed in bove proceed' as indicated below. Protho X Judgment by Court Order oldl l-/u Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment,please call McCabe,Weisberg and Conway, P.C.at(215)790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle,Pennsylvania 17013 Prothonotary To: Beth A.Gilbert 123 Holly Drive Mechanicsburg,Pennsylvania 17055 U.S.Bank,National Association,as Successor Trustee to Bank of America,N.A.,as Successor by Merger to COURT OF COMMON PLEAS Lasalle Bank,N.A.,as Trustee for the CUMBERLAND COUNTY Certificateholders of the MLMI Trust,Mortgage Loan Asset-Backed Certificates, Series 2006-MLN1 Plaintiff No.2009-07116 V. Matthew J.Gilbert and Beth A.Gilbert Defendants NOTICE Pursuant to Rule 236,you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Prothonotary .4 X Judgment by Court Order Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment,please call McCabe,Weisberg and Conway, P.C.at(215)790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION FILE NO.:2009-07116 Civil Term C_3 U.S.Bank,National Association,as Successor =' F Trustee to Bank of America,N.A.,as Successor by AMOUNT DUE: $22�`T� �, Merger to Lasalle Bank,N.A.,as Trustee for the a05,101.43 I— Certificateholders of the MLMI Trust,Mortgage INTEREST:from 02/18/14 Loan Asset-Backed Certificates,Series 2006-MLN1 $3,946.16 at$36.88 e ~ V. ATTY'S COMW ,b �Il�1 .11n�teSA moo" `e Matthew J.Gilbert and Beth A.Gilbert COSTS: 3S.0to1 — 19,7S a•� aa- TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale,contract,or account based on a confession of judgment,but if it does,it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended;and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County,for debt,interest and costs upon the following described property of the defendant(s) 123 Holly Drive Mechanicsburg Pennsylvania 17055 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County,for debt,interest and costs,as above,directing attachment against the above-named gamishee(s)for the following property(if real estate,supply six copies of the description;supply four copies of lengthy personalty list) and all other property of the defendant(s)in the possession,custody or control of the said gamishee(s). (Indicate)Index this writ against the garnishee(s)as a lis pendens against real estate of the defendant(s) described in the attached exhibit. eb �DATE: l ` I 1 BY: U [ ]Terrence f McCabe,Esq. arc S.Weisberg,Esq. �$ cs "\q Q [ ]Edward D.Conway,Esq. [ ]Margaret Gairo,Esq. �l S3• DO C [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. [ ]Marisa J.Cohen,Esq. [ ]Kevin T.McQuail,Esq. C D. Lt [ ]Christine L.Graham,Esq. [ ]Brian T.LaManna,Esq. l 4 `1 [ ]Ann E.Swartz,Esq. [ ]Joseph F.Riga,Esq. Ia 1 Joseph L Foley,Esq. [ ]Celine P.DerKrikorian,Esq. - t ti Attorneys for Plaintiff Address:123 S.Broad Street.Suite 1400 t ' CC> a aS—ZXU 1Z Philadelphia,PA 19109 ' Attorney for:Plaintiff �u Telephone:(215)790 1010 g^ upreme Court ID No. 17616 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the improvements thereon erected,situate in the Township of Upper Ellen,County of Cumberland,and State of Pennsylvania,bounded and described as follows: BEGINNING at a point in the southern line of Holly Drive(50 feet wide),which said point is in the division line between lots Nos.76 and 77 on the hereinafter mentioned Plan of Lots;thence along the Southern line of Holly Drive, North 65 degrees 24 minutes,40 seconds East,90.00 feet to a point in the division line between Lots Nos.77 and 78 on said Plan;thence along the division line between Lots Nos.77 and 78, South 24 degrees 35 minutes 20 seconds East, 153.13 feet to a point;thence South 67 degrees 40 minutes 15 seconds West,90.07 feet to a point in the division line between Lots Nos. 76 and 77 on said Plan,aforementioned;thence along the division line between Lots Nos.76 and 77, North 24 degrees 35 minutes 20 seconds West, 149.58 feet to a point in the southern line of Holly Drive,aforementioned, at the point and place of BEGINNING. BEING Lot No.77,Section 5,Revised,of the Plan of Spring Run Acres,which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 20,Page 87. HAVING THEREON ERECTED a brick and aluminum Dutch Colonial two-story dwelling known and numbered as 123 Holly Drive,Mechanicsburg,Pennsylvania. UNDER AND SUBJECT,NEVERTHELESS,to easements,restrictions,reservations,conditions and rights-of-way of record. BEING the same premises which SHIRLENE L.ROSEMAN,WIDOW by deed dated May 5,2006 and recorded May 10, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 274,Page 2333,granted and conveyed to Matthew J.Gilbert and Beth A.Gilbert,husband and wife. TAX MAP PARCEL NUMBER:42-28-2421-078 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 17 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#307169 - CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 _ j5 BRIAN T.LaMANNA,ESQUIRE-ID#310321 t u ANN E.SWARTZ,ESQUIRE-ID#201926 L JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 .a f CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 �P 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 U.S.Bank,National Association,as Successor Trustee CUMBERLAND COUNTY to Bank of America,N.A.,as Successor by Merger to COURT OF COMMON PLEAS Lasalle Bank,N.A.,as Trustee for the Certificateholders of the MLMI Trust,Mortgage Loan Asset-Backed Certificates, Series 2006-MLN1 NO: 2009-07116 Plaintiff v. Matthew J.Gilbert and Beth A.Gilbert Defendants AFFIDAVIT PURSUANT TO RULE 3129 The undersigned,attorney for Plaintiff in the above action,sets forth the following information concerning the real property located at: 123 Holly Drive,Mechanicsburg,Pennsylvania 17055,as of the date the Praecipe for the Writ of Execution was filed.A copy of the description of said property being attached hereto. 1. Name and address of Owners or Reputed Owners Name Address Matthew J.Gilbert 123 Holly Drive Mechanicsburg,Pennsylvania 17055 Beth A.Gilbert 123 Holly Drive Mechanicsburg,Pennsylvania 17055 2. Name and address of Defendants in the judgment: Name Address Matthew J.Gilbert 123 Holly Drive Mechanicsburg,Pennsylvania 17055 Beth A.Gilbert 123 Holly Drive Mechanicsburg,Pennsylvania 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Restore Core 2322 North 7th Street Harrisburg,Pennsylvania 17110 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 123 Holly Drive Mechanicsburg,Pennsylvania 17055 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O.Box 2675 Harrisburg,PA 17105 ATTN:Dan Richard Commonwealth of Pennsylvania 110 North P Street Inheritance Tax Office Suite#204 Philadelphia,PA 19107 Commonwealth of Pennsylvania 6th Floor,Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division Harrisburg,PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O.Box 8486 Recovery Program Harrisburg,PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O.Box 281230 Harrisburg,PA 17128-1230 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg,PA 17128-1230 Compliance ATTN: Sheriffs Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 Domestic Relations P.O.Box 320 Cumberland County Carlisle,PA 17013 Tax Claim Bureau 1 Courthouse Square Carlise,PA 17013 Commonwealth of PA Bureau of Compliance Department of Revenue Department 280946 Harrisburg,PA 17128-0946 Attn: Sheriffs Sales United States of America c/o United States Attorney for the Middle District of PA William J.Nealon Federal Bldg. 235 North Washington Avenue,Ste.311 Scranton,PA 18503 and Harrisburg Federal Building&Courthouse 228 Walnut Street, Ste.220 Harrisburg,PA 17108-1754 United States of America c/o U.S.Dept of Justice,Room 5111 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 United States of America c/o U.S.Dept of Justice,Room 4400 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 8. Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. BY: N q [ ]Terrence J.fAcCabe,Esq. [ arc S.Weisberg,Esq. bJkTE [ ] Edward D.Conway,Esq. [ ] Margaret Gairo,Esq. [ ] Andrew L.Markowitz,Esq. [ ] Heidi R.Spivak,Esq. [ ] Marisa J.Cohen,Esq. [ ] Kevin T.McQuail,Esq. [ ] Christine L.Graham,Esq. [ ] Brian T.LaManna,Esq. [ ] Ann E.Swartz,Esq. [ ]Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. [ ] Celine P.DerKrikorian,Esq. Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the improvements thereon erected,situate in the Township of Upper Ellen,County of Cumberland,and State of Pennsylvania,bounded and described as follows: BEGINNING at a point in the southern line of Holly Drive(50 feet wide),which said point is in the division line between lots Nos.76 and 77 on the hereinafter mentioned Plan of Lots;thence along the Southern line of Holly Drive, North 65 degrees 24 minutes,40 seconds East,90.00 feet to a point in the division line between Lots Nos.77 and 78 on said Plan;thence along the division line between Lots Nos.77 and 78,South 24 degrees 35 minutes 20 seconds East, 153.13 feet to a point;thence South 67 degrees 40 minutes 15 seconds West,90.07 feet to a point in the division line between Lots Nos.76 and 77 on said Plan,aforementioned;thence along the division line between Lots Nos.76 and 77, North 24 degrees 35 minutes 20 seconds West, 149.58 feet to a point in the southern line of Holly Drive,aforementioned, at the point and place of BEGINNING. BEING Lot No. 77,Section 5,Revised,of the Plan of Spring Run Acres,which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 20,Page 87. HAVING THEREON ERECTED a brick and aluminum Dutch Colonial two-story dwelling known and numbered as 123 Holly Drive,Mechanicsburg,Pennsylvania. UNDER AND SUBJECT,NEVERTHELESS,to easements,restrictions,reservations,conditions and rights-of-way of record. BEING the same premises which SHIRLENE L.ROSEMAN,WIDOW by deed dated May 5,2006 and recorded May 10, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 274,Page 2333,granted and conveyed to Matthew J.Gilbert and Beth A.Gilbert,husband and wife. TAX MAP PARCEL NUMBER:42-28-2421-078 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff r MARC S.WEISBERG,ESQUIRE-ID#17616 �� EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 CIVIL ACTION LAW U.S.Bank,National Association,as Successor Trustee COURT OF COMMON PLEAS to Bank of America,N.A.,as Successor by Merger to Lasalle Bank,N.A.,as Trustee for the CUMBERLAND COUNTY Certificateholders of the MLMI Trust,Mortgage Loan Asset-Backed Certificates,Series 2006-MLN1 Number 2009-07116 V. Matthew J.Gilbert and Beth A.Gilbert NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Matthew J.Gilbert Beth A.Gilbert 123 Holly Drive 123 Holly Drive Mechanicsburg,Pennsylvania 17055 Mechanicsburg,Pennsylvania 17055 Your house(real estate)at 123 Holly Drive,Mechanicsburg,Pennsylvania 17055 is scheduled to be sold at Sheriffs Sale on June 4,2014 at 10:00 a.m.in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square,Carlisle,Pennsylvania 17013 to enforce the court judgment of$224,353.65 obtained by U.S.Bank,National Association,as Successor Trustee to Bank of America,N.A.,as Successor by Merger to Lasalle Bank,N.A.,as Trustee for the Certificateholders of the MLMI Trust,Mortgage Loan Asset-Backed Certificates,Series 2006-MLN1 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to U.S.Bank,National Association,as Successor Trustee to Bank of America,N.A.,as Successor by Merger to Lasalle Bank,N.A.,as Trustee for the Certificateholders of the MLMI Trust,Mortgage Loan Asset-Backed Certificates,Series 2006-MLN1 the back payments,late charges,costs,and reasonable attorney's fees due. To fmd out how much you must pay,you may call McCabe,Weisberg and Conway,P.C.,Esquire at(215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment,if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped,your property will be sold to the highest bidder. You may find out the price bid by calling McCabe,Weisberg and Conway,P.C.,Esquire at(215)790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened,you may call McCabe,Weisberg and Conway,P.C.at(215)790-1010. 4. If the amount due from the buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty(30)days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed schedule of distribution is wrong)are filed with the Sheriff within ten(10)days after the posting of the schedule of distribution. 7. You may also have other rights and defenses,or ways of getting your real estate back,if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the improvements thereon erected,situate in the Township of Upper Ellen,County of Cumberland,and State of Pennsylvania,bounded and described as follows: BEGINNING at a point in the southern line of Holly Drive(50 feet wide),which said point is in the division line between lots Nos.76 and 77 on the hereinafter mentioned Plan of Lots;thence along the Southern line of Holly Drive, North 65 degrees 24 minutes,40 seconds East,90.00 feet to a point in the division line between Lots Nos.77 and 78 on said Plan;thence along the division line between Lots Nos.77 and 78, South 24 degrees 35 minutes 20 seconds East, 153.13 feet to a point;thence South 67 degrees 40 minutes 15 seconds West,90.07 feet to a point in the division line between Lots Nos.76 and 77 on said Plan,aforementioned;thence along the division line between Lots Nos.76 and 77, North 24 degrees 35 minutes 20 seconds West, 149.58 feet to a point in the southern line of Holly Drive,aforementioned, at the point and place of BEGINNING. BEING Lot No. 77,Section 5,Revised,of the Plan of Spring Run Acres,which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 20,Page 87. HAVING THEREON ERECTED a brick and aluminum Dutch Colonial two-story dwelling known and numbered as 123 Holly Drive,Mechanicsburg,Pennsylvania. UNDER AND SUBJECT,NEVERTHELESS,to easements,restrictions,reservations,conditions and rights-of-way of record. BEING the same premises which SHIRLENE L.ROSEMAN,WIDOW by deed dated May 5,2006 and recorded May 10, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 274,Page 2333,granted and conveyed to Matthew J.Gilbert and Beth A.Gilbert,husband and wife. -TAX MAP PARCEL NUMBER:42-28-2421-078 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 09-7116 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 SUCCESSOR TRUSTEE TO BANK OF AMERICA,N.A.,AS SUCCESSOR BY MERGER TO LASALLE BANK,N.A.,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE MLMI TRUST,MORTGAGE LOAN ASSET-BACKED CERTIFICATES,SERIES 2006-MLNI Plaintiff(s) From MATTHEW J. GILBERT AND BETH A. GILBERT (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 gamishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $205,101.43 L.L.: $.50 Interest FROM 8/18/12 TO 2/17/14 PER DIEM THEREAFTER$35.0678-$19,252.22 INTEREST FROM 2/18/14-$3,946.16 AT$36.88 Atty's Comm: Due Prothy: $2.25 Atty Paid: $216.00 Other Costs: Plaintiff Paid: Date: 2/21/14 David D.Buell,Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: MARC S.WEISBERG,ESQUIRE Address: MCCABE,WEISBERG AND CONWAY,P.C. 123 S. BROAD STREET,SUITE 1400, PHILADELPHIA,PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 17616 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank, National Association, as Successor Trustee to Bank of America, N.A., as Successor by Merger to Lasalle Bank, N.A., as Trustee for the Certificateholders of the MLMI Trust, Mortgage Loan Asset - Backed Certificates, Series 2006 -MLNI Plaintiff v. Matthew J. Gilbert and Beth A. Gilbert Defendant 114 fill FENNSYLVNNI CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 2009 -07116 AFFIDAVIT OF SERVICE The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 8th day of April, 2014, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriff's Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIBED NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ANDREW SWITKAY, Notary Public City of Philadelphia, Phila, Coun. y Commission Exsires March 15, 2 McCABE, WE B_ G & CO BY: [ ] Terrence J. McCabe, Esquire Or [ ] Marc S. Weisberg, Esquire [ ] Edward D. Conway, Esquire [ ] Margaret Gairo, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Heidi R. Spivak, Esquire [ ] Marisa J. Cohen, Esquire [ ] Christine L. Graham, Esquire [ ] Brian T. LaManna, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph F. Riga, Esquire [ ] Joseph I. Foley, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] J Ifer L. Wunder, Esquire [ ] Lena Kravets, Esquire [ Carol A. DiPrinzio, Esquire Attorneys for Plaintiff AY, P.C. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 215 790-1010 U.S. Bank, National Association, as Successor Trustee to Bank of America, N.A., as Successor by Merger to Lasalle Bank, N.A., as Trustee for the Certificateholders of the MIMI Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-MLN1 Plaintiff v. Matthew J. Gilbert and Beth A. Gilbert Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 2009-07116 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 123 Holly Drive, Mechanicsburg, Pennsylvania 17055-5527, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property is attached hereto. 1. Name and address of Owners or Reputed Owners Name Matthew J. Gilbert Beth A. Gilbert Address 123 Holly Drive Mechanicsburg, Pennsylvania 17055-5527 123 Holly Drive Mechanicsburg, Pennsylvania 17055-5527 2. Name and address of Defendants in the judgment: File #62297 Page 1 Name Address Matthew J. Gilbert 123 Holly Drive Mechanicsburg, Pennsylvania 17055 Beth A. Gilbert 123 Holly Drive Mechanicsburg, Pennsylvania 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Plaintiff herein Restore Core Address 2322 North 7th Street Harrisburg, Pennsylvania 17110 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants /Occupants 123 Holly Drive Mechanicsburg, Pennsylvania 17055 -5527 Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8`h Street Suite #204 Philadelphia, PA 19107 File #62297 Page 2 Commonwealth of Pennsylvania Bureau of Individual. Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue PA Department of Revenue Bureau of Compliance Lien Section Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United'States of America Domestic Relations Cumberland County Tax Claim Bureau Commonwealth of PA Department of Revenue United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States 8. Name and address of Attorney of record: 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105 -8486 Bureau of Compliance P.O. Box 281.230 Harrisburg, PA 17128 -1230 PO BOX 280948 Harrisburg PA 17128 -0948 Clearance Support Department 281230 Harrisburg, PA 17128 -1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Carlise, PA 17013 Bureau of Compliance Department 280946 Harrisburg, PA 17128 -0946 Attn: Sheriffs Sales c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108 -1754 U.S. Dept. of Justice, Rm 4400 950 Pennsylvania Avenue, NW Washington, DC 20530 U.S. Dept. of Justice, Rm 5111 950 Pennsylvania Avenue, NW Washington, DC 20530 File #62297 Page 3 Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE McCA E, WEISB J& C�NWAY, P.C. BY: [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ 1 Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff ] Marc S. Weisberg, Esquire [ 1 Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] JeifL. Wunder, Esquire [t1iro1 A. DiPrinzio, Esquire Re: U.S. Bank, National Association, as Successor Trustee to Bank of America, N.A., as Successor by Merger to Lasalle Bank, N.A., as Trustee for the Certificateholders of the MLMI Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-MLN1 v. Matthew J. Gilbert. et al. Cumberland County; Number: 2009-07116 File #62297 Page 4 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank, National Association, as Successor Trustee to Bank of America, N.A., as Successor by Merger to Lasalle Bank, N A , as Trustee for the Certificateholders of the MLMI Trust, Mortgage Loan Asset - Backed Certificates, Series 2006 -MLN1 Plaintiff Matthew J. Gilbert and Beth A. Gilbert Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 2009 -07116 DATE: April 8, 2014 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Matthew J. Gilbert and Beth A. Gilbert PROPERTY: 123 Holly Drive, Mechanicsburg, Pennsylvania 17055 -5527 IMPROVEMENTS: Residential Dwelling JUDGMENT AMOUNT: $224,353.65 The above - captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on June 4, 2014 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY as WE ARE NOT PERMITTED TO GIVE YOU LEGAL ADVICE. Name and Address of Sender McCabe, Weisberg and Conway, P.C. 123 S. Broad St., Suite 2080 Philadelphia, PA 19109 ATTN: S. Gorman - 62297 Check type of mail O Certified O COD Delivery Confirmation O Express Mail Cl Insured or service: Recorded Delivery (International) O Registered O Return Receipt for Merchandise O Signature Confirmation U.S POSTAGE)), PITNEY BOWES 02 ZIP try109 $ 020.4 0 Line Article Number Postage - - ... - "'r"4APR 08. 201 4. ii U.S. Bank, National Association, as Successor Trustee to Bank of America, N.A., as Successor by Merger to Lasalle Bank, N.A., as Trustee for the Certificateholders of the MLMI Trust, Mortgage Loan Asset - Backed Certificates, Series 2006 -MLN1 Plaintiff v. Matthew J. Gilbert and Beth A. Gilbert Defendants Restore Core STATio 2322 North 7th Street < S� Harrisburg, Pennsylvania 17110 y% q�kIPHIN, r <, a@ ` ✓ .- �.- 2 Tenants /Occupants 123 Holly Drive Mechanicsburg, Pennsylvania 17055 -5527 3 Tax Claim Bureau 1 Courthouse Square, Carlise, PA 17013 4 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 5 Commonwealth of Pennsylvania Inheritance Tax Office 110 North 8th Street Suite #204 Philadelphia, PA 19107 6 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 7 ' Department of Public Welfare TPL Casualty Unit Estate Recovery Program Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105 -8486 8 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128 -1230 9 PA Department of Revenue Bureau of Compliance Lien Section PO BOX 280948 Harrisburg PA 17128 -0948 10 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Clearance Support Department 281230 Harrisburg. PA 17128 -1230 ATTN: Sheriff's Sales 11 United States of America Internal Revenue Service Technical Support Group William. Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 12 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17013 13 Commonwealth of PA Department of Revenue Bureau of Compliance Department 280946 Harrisburg, PA 17128 -0946 Attn: Sheriff's Sales 14 United States of America c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 _ _._ ____. -- _ _. -- 15 United States of America c/o United States Attorney for the 2010 -5387 District of PA Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108 -1754 16 United States of America c/o Atty General of the United States U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530 -0001 17 United States of America c/o Atty General of the United States U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530 -0001 Total Number of Pieces Total Number of Pieces Listed by Sender Received at Post Office 17 TiivIcCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank, National Association, as Successor Trustee to Bank of America, N.A., as Successor by Merger to Lasalle Bank, N.A., as Trustee for the ' Certificateholders of the MLMI Trust, Mortgage Loan Asset -Backed Certificates, Series 2006-MLN1 Plaintiff v. Matthew J. Gilbert and Beth A. Gilbert Defendant U�f�ER _7 4M1/ 40 AND PENNSYLVA NIA COLI, CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 2009-07116 Y AFFIDAVIT OF SERVICE The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 2nd day of May, 2014, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIBED BEFORE ME THIS 2 DAY OF AA , 2014 McCABE, WEISBE CO, BY: [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff AY, P.C. NOT RYJUBL i. r:• :ct�i LTH FPE.NNSYLVANi . NOTARIAL SEAL, Kimberly Lynn McCloskey, t'otary Public City of Philadelphia, Phila. County My Commission Expires September 7, 21116 Marc S. Weisberg, Esquire ] Margaret Gairo, Esquire ] Heidi R. Spivak, Esquire ] Christine L. Graham, Esquire ] Ann E. Swartz, Esquire ] Joseph I. Foley, Esquire ] ifer L. Wunder, Esquire Carol A. DiPrinzio, Esquire McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank, National Association, as Successor Trustee to Bank of America, N.A., as Successor by Merger to Lasalle Bank, N.A., as Trustee for the Certificateholders of the MLMI Trust, Mortgage Loan Asset -Backed Certificates, Series 2006-MLN1 Plaintiff v. Matthew J. Gilbert and Beth A. Gilbert Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 2009-07116 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 123 Holly Drive, Mechanicsburg, Pennsylvania 17055-5527, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property is attached hereto. 1. Name and address of Owners or Reputed Owners Name Matthew J. Gilbert Beth A. Gilbert Address 123 Holly Drive Mechanicsburg, Pennsylvania 17055-5527 123 Holly Drive Mechanicsburg, Pennsylvania 17055-5527 2. Name and address of Defendants in the judgment: File #62297 Page 1 Name Address Matthew J. Gilbert 123 Holly Drive Mechanicsburg, Pennsylvania 17055 Beth A. Gilbert 123 Holly Drive Mechanicsburg, Pennsylvania 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Plaintiff herein Restore Core Address 2322 North 7th Street Harrisburg, Pennsylvania 17110 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address SPRING RUN ACRES 109 E ELMWOOD AVE MECHANICSBURG PA 17055 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 123 Holly Drive Mechanicsburg, Pennsylvania 17055-5527 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105. ATTN: Dan Richard File #62297 Page 2 Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue PA Department of Revenue Bureau of Compliance Lien Section Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County Tax Claim Bureau Commonwealth of PA Department of Revenue United States of America United States of America c/o Atty General of the United States 110 North 8th Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 PO BOX 280948 Harrisburg PA 17128-0948 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Carlise, PA 17013 Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Attn: Sheriffs Sales c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept. of Justice, Rm 4400 950 Pennsylvania Avenue, NW Washington, DC 20530 File #62297 Page 3 United States of America c/o Atty General of the United States 8. Name and address of Attorney of record: Name None U.S. Dept. of Justice, Rm 5111 950 Pennsylvania Avenue, NW Washington, DC 20530 Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. cS(' Z -Z DATE McCABE, WEISBE ; _. _: CO BY: AY, P.C. [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff Marc S. Weisberg, Esquire Margaret Gairo, Esquire Heidi R. Spivak, Esquire Christine L. Graham, Esquire Ann E. Swartz, Esquire Jose . Foley, Esquire J nifer L. Wunder, Esquire Carol A. DiPrinzio, Esquire Re: U.S. Bank, National Association, as Successor Trustee to Bank of America, N.A., as Successor by Merger to Lasalle Bank, N.A., as Trustee for the Certificateholders of the MLMI Trust, Mortgage Loan Asset -Backed Certificates, Series 2006-MLN1 v. Matthew J. Gilbert. et al. Cumberland County; Number: 2009-07116 File #62297 Page 4 -McGABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank, National Association, as Successor Trustee to Bank of America, N.A., as Successor by Merger to Lasalle Bank, N.A., as Trustee for the Certificateholders of the MLMI Trust, Mortgage Loan Asset -Backed Certificates, Series 2006-MLN1 Plaintiff v. Matthew J. Gilbert and Beth A. Gilbert Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 2009-07116 DATE: May 2, 2014 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Matthew J. Gilbert and Beth A. Gilbert PROPERTY: 123 Holly Drive, Mechanicsburg, Pennsylvania 17055-5527 IMPROVEMENTS: Residential Dwelling JUDGMENT AMOUNT: $224,353.65 The above -captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on June 4, 2014 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY as WE ARE NOT PERMITTED TO GIVE YOU LEGAL ADVICE. Name and Address of Sender McCabe, Weisberg and Conway, P.C. 123 S. Broad St., Suite 2080 Philadelphia, PA 19109 ATTN: S. Gorman - 62297 Check type of mail or service: O Certified 0 Recorded Delivery (International) O COD 0 Registered 0 Delivery Confirmation 0 Return Receipt for Merchandise ❑ Express Mail 0 Signature Confirmation O Insured Line Article Nranber Postage U.S. Bank, National Association, as Successor Trustee to Bank of America, N.A., as Successor by Merger to Lasalle Bank, N.A., as Trustee for the Certificateholders of the MLMI Trust, Mortgage Loan Asset -Backed Certificates, Series 2006-MLN1 Plaintiff v. Matthew J. Gilbert and Beth A. Gilbert Defendants SPRING RUN ACRES 109 E ELMWOOD AVE MECHANICSBURG PA 17055 U.S. POSTAGE» PITNEY BOWES Z1P 19109 $ 001.200 02 1st 000137.7494 MAY. 02. 2014 Total Number of Pieces Listed by Sender 1 Total Num er of Pieces Received a Post Office Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ZfJJU J -6 (;;*t : 2`3 CUMDEPL.ND COUNT` PENNSYLVANIA US Bank Trust National Association vs. Matthew J. Gilbert (et al.) Case Number 2009-7116 SHERIFF'S RETURN OF SERVICE 03/24/2014 05:50 PM - Deputy Ryan Burgett, 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 123 Holly Drive, Upper Allen - Township, Mechanicsburg, PA 17055, Cumberland County. 03/24/2014 05:50 PM - Deputy Ryan Burgett, 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 the Defendant, to wit: Matthew J. Gilbert at 123 Holly Drive, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County. 03/24/2014 05:50 PM - Deputy Ryan Burgett, 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 Matthew Gilbert, husband, who accepted as "Adult Person in Charge" for Beth A. Gilbert at 123 Holly Drive, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County. 06/02/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $975.05 SO ANSWERS, June 03, 2014 RONR ANDERSON, SHERIFF (c) CountySude Sheriff, 't eleosoft, Inc, A 3pz 973 On February 27, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as 123 Holly Drive, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: February 27, 2014 By: e)L Real Estate Coordinator 1 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: April 18, April 25 and May 2, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, Lisa y , E itor SWORN TO AND SUBSCRIBED before me this 2 day of May, 2014 Notary COMMONWEALTH OF PENNSYLVANIA 1 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28. 2018 LX1II 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2009-7116 Civil Term U.S. Bank Trust National Association vs. Matthew J. Gilbert Beth A. Gilbert Atty.: Marc Weisberg ALL THAT CERTAIN lot or piece of ground with the improvements there- on erected, situate in the Township of Upper Ellen, County of Cumberland, and State of Pennsylvania, bounded and described as follows: BEGINNING at a point in the southern line of Holly Drive (50 feet wide), which said point is in the divi- sion line between lots Nos. 76 and 77 on the hereinafter mentioned Plan of Lots; thence along the Southern line of Holly Drive, North 65 degrees 24 minutes, 40 seconds East, 90.00 feet to a point in the division line between Lots Nos. 77 and 78 on said Plan; thence along the divi- sion line between Lots Nos. 77 and 78, South 24 degrees 35 minutes 20 seconds East, 153.13 feetto a point; thence South 67 degrees 40 minutes 15 seconds West, 90.07 feet to a point in the division line between Lots Nos. 76 and 77 on said Plan, aforemen- tioned; thence along the division line between Lots Nos. 76 and 77, North 24 degrees 35 minutes 20 seconds West, 149.58 feet to a point in the southern line of Holly Drive, afore- mentioned, at the point and place of BEGINNING. BEING Lot No. 77, Section 5, Revised, of the Plan of Spring Run Acres, which Plan is recorded in the Cumberland County Recorder's Of- fice in Plan Book 20, Page 87. HAVING THEREON ERECTED a brick and aluminum Dutch Colonial two-story dwelling known and num- bered as 123 Holly Drive, Mechanics- burg, Pennsylvania. UNDER AND SUBJECT, NEVER- THELESS, to easements, restrictions, 59 reservations, conditions and rights- of-way of record. BEING the same premises which SHIRLENE L. ROSEMAN, WIDOW by deed dated May 5, 2006 and re- corded May 10, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 274, Page 2333, granted and conveyed to Matthew J. Gilbert and Beth A. Gilbert, husband and wife. TAX MAP PARCEL NUMBER: 42- 28-2421-078. The Patriot -News Co. 202Q Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he patriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on 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 .4011- ISI d I=I.I,tAi HZ isci iuphin in Miscellaneous Book "M", Volume 14, Page 317. (8LL-1-oz) a2I00HaI dO SNOLIDIRI.LSMI 01 JOafgnS aria ItaaNn 'anNaAY O.LLO 61 cI3213$1AIfN (INY NMON)1.0NITI1MU 31DDIff aN0 V HIM aaA02IdIAII 0Nlag (NY `1IONYw fl1Sl12IY0 SV NMONx S.LO'I JO NY Id MIL NO LI UNY 91 'SON S101 30 .1,2IVd 0NIga ONINNI0 oN in omits i(tiado.Id;o (s)iaunMo HSI3 M'32IQNY •n NOLLYIOOSSY 1YNOI.LYN NYE{ISVHO NYJ2IOWdf 1IAIO Z9L-£1. P< uognoaar3 Io tUM a Jo awn (g • division line between lots Nos. 76 and 77 on the hereinafter mentioned Plan of Lots; thence along the Southern 1 line of Holly Drive, North 65 degrees 24 minutes, 40 seconds East, 90.00 feet to a point in the division line between Lots Nos. 77 and 78 on said II Plan; thence along the division line between Lots Nos. 77 and 78, South 24 degrees 35 minutes 20 seconds East, 153.13 feet to a point; thence Small 67 decrees 40 minutes 15 I This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 Sworn a d subscribed before me t ' 0 ay of May, 2014A.D. 1 ...„.., COMMONWEALTH OF PENNSYLVANIA Notarlat Seal Holly Lynn Wold, Notary Public V!astengton Tao., D uphIn County My Camra SsIoa Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIEC