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HomeMy WebLinkAbout10-1645 FILED--40 =- CE OF THE Fr-,,0T = V: TARY 2010MAR-9 AMI0:58 so, McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 V. Michael K. Clouser 317 E Portland St Mechanicsburg, Pennsylvania 17055 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number /0 CIVIL ACTIONIMORTGAGE FORECLOSURE 60 /4'-Wy ck M f4.6 T3 A? 4L NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFERLEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SUABOGADOINMEDIATAMENTE. SIUSTEDNO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Michael K. Clouser, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 317 E Portland St, Mechanicsburg, Pennsylvania 17055. 3. On October 19, 2005, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Countrywide Home Loans, Inc. which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1928, Page 643. 4. The aforesaid mortgage was thereafter assigned by Countrywide Home Loans, Inc. to Countrywide Home Loans Servicing, LP, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. 5. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 317 East Portland Street, Mechanicsburg, Pennsylvania 17055. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due September 1, 2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance $ 95,085.58 Interest through March 5, 2010 $ 2,938.18 (Plus $13.54 per diem thereafter) Attorney's Fee $ 1,300.00 Late Charges $ 166.14 GRAND TOTAL $ 99,489.90 8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $99,489.90, together with interest at the rate of $13.54 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY: A91C Attorn ys for aintiff TERRENCE . MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE oft VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: ZZ Z7 Attorneys for aintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE search - 2010-6117.ecm Pa e 7 . C .. A COMMITMENT SCHEDULE C File Number: OR29447BL ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described according to survey of D.P. Raffensperger, Registered Surveyor, dated August 5, 1953, as follows: BEGINNING at a point on the Northern line of Portland Street 90 feet West of the Northwest corner of the intersection of Portland Street and Filbert Street, also being at the dividing line between Lots Nos. 4 and 5, Block "A" on hereinafter mentioned Plan of Lots; thence Westwardly along the Northern line of Portland Street, 60 feet to a point at the dividing line between Lots Nos. 5 and 6, Block "A" on said plan; thence North 18 degrees 11 minutes West along same, 239.09 feet to a point at the dividing line between Lots No. 2 and 5, Block "A", on said Plan; thence South 62 degrees 03 minutes East along same and along the dividing line between Lots Nos. 3 and 5, Block "A" on said Plan, 86.58 feet to a point at the dividing line between Lots Nos. 4 and 5, Block "A" on said Plan; thence South 18 degrees 11 minutes East along same, 76.67 feet to a point, the place of beginning. BEING Lot No. 5, Block "A" on Plan of Lots known as White Acres, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 6. Parcel No.: 18-22-0519-139 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy X7'1 1 f{ ? • ; ? " 4 • _ _ ..Y Edward L Schorpp Solicitor BAC Home Loans Servicing, LP vs. Michael K. Clouser Case Number 2010-1645 SHERIFF'S RETURN OF SERVICE 03/12/2010 04:49 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 12, 2010 at 1645 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michael K. Clouser, by making known u o himself personally, at 317 East Portland Street, Mechanicsburg, Cumberland County, Pennsylvania 17 its contents and at the same time handing to him personally the said true and correct copy of the sa „ DEPUTY 03/12/2010 04:09 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Michael K. Clouser, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Michael K. Clouser. Request for service at 3518 Green Street, Camp Hill, PA 17011 the defendant was not found. Michael K. Clouser currently resides at 317 East Portland Street, Mechanicsburg, PA 17055. SHERIFF COST: $71.50 March 15, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF foi CcunlySuite Shenti Ie?ecsoft. inc, OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Michael K. Clouser 317 E Portland St Mechanicsburg, Pennsylvania ] 7055 BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP Plaintiff v. Michael K. Clouser Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 10-1645 CIVIL NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. ~ \ Prothonotary X Judgment by Default _ Money Judgment ~/~Q~~ _ Judgment in Replevin _ Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisbere and Conway, P.C. at (215) 790-1010. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. Number 10-1645 CIVIL Michael K. Clouser Defendant ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: C7 K,'~ {"T~ ~z.~ _,,, `~. cn ~::: _.!- . ~-: yJ ..., _~ 4 ~~ {~-' C... N O 0 r~. u ~o -T: { ~l ta:~ Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter t _.r 'T7 ~~ _-r m ~.{fl S .'= ~; ti3 Y .c for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 03/06/10 to 04/15/10 Total $ 92,857.17 $ 667.89 $ 93 25.06 , ~ i / ~~ ~~ TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff AND NOW, this ~Y ~•- day of , 2010, Judgment is entered in favor of Plaintiff, BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, and against Defendant, Michael K. Clouser, and damages are assessed in the amount of $93,525.06, plus interest and costs. BY T PROTHONOTARY: ~~ ~I~. oo AD IArM C~* fDl tD'~~{ ~# a4a75~ ~0`~7~ (. 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 CAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP Plaintiff v. Michael K. Clouser Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10-1645 CIVIL AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. The undersigned, being duly sworn according to law, deposes and says that the Defendant, Michael K. Clouser, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Michael K. Clouser, is over eighteen (18) years of age, and reside as follows: Michael K Clouser 317 E Portland St Mechanicsburg, Pennsylvania 17055 SWORN AND SUBSCRIBED BEFORE ME THIS 15"' DAY OF April, 2010 NOTARY PUB COMM~NWEALTN ^F PENS E A ~- NOTARIAL Public Barbara J. Moyer-Notary ~,~y ~ Philadelphia, Philadelphia ~ p14 IRESJAN.12, N{y COMMISSION EXP ~'i6~~~ TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET CAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP Plaintiff v. Michael K. Clouser Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10-1645 CIVIL CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would be entered against him/her within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". l"r ~ G< SWORN AND SUBSCRIBED BEFORE ME THIS 15"' DAY OF A ril, 2010 NOTARY PUBLIC C MMONWEALTH ~F PENNSYLVANIN NOTARIAL SEAL Barbara J. Moyer-Notary Public Cull of Philadelphia, Philadelphia County MY COMMISSION EXPIRES JAN.12, 2014 'I~ERRENCE J. McCABE, ESQUIRE MARL S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET CAIRO, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. TE ENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff .~ A.. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary April 2, 2010 To: Michael K. Clouser 317 E Portland St Mechanicsburg, Pennsylvania 17055 Bac Home Loans Servicing, Lp Fka Cumberland County Countrywide Home Loans Servicing Lp Court of Common Pleas vs. Michael K. Clouser Number 10-1645 CIVIL NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOS£ YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. TF YOU DO NOT HAV E A LAW YER, 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 LA WYER, THIS OFFICE MAY BE ABLE TO PRO V IDE YOU W ITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 NOTIFICACION IMPORTANTE LISTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA,DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. LISTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO [NMEDIATAMENTE. SI LISTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORC[ONAR PARR EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvani 17013 (800) 9 i~08 BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQU RE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE ecl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Bac Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP V. Michael K. Clouser FILE NO.: 10-1645 CIVIL Civil Term AMOUNT DUE: $93,525.06 n G INTEREST: from 04/16/10 to 09/08/10~c~ $2,244.02 at $15.37 ~'~ r ATTY'S COMM.: ~~=;. -< ~--' ~; . COSTS: ~ -_, _ r`T (~ ': t -- t.a 0 x=- A 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"t 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) 317 East Portland Street, 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 garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: 04/19/2010 ~1~. o0 71.50 4a. o 0 I~.00 a. So CBF' ~ ao~. oo - P A Arts/ ~a. «> 4ue~' so u. Ct~~ toaa8l ~! t lvr~ Signature:! Print Name: MCCA E, WEISBERG AND CONWAY Address:123 S. Bro d Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. i:. T~ ~~ ~ -~ ~t ~~ .:r ~'~~ }'T~< -:> l J ] % fY'1 :'T7 -< - - 't - VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. TERRE E J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff i • -,. LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described according to survey of D.P. Raffensperger, Registered Surveyor, dated August S,19S3, as follows: BEGINNING at a point on the Northern line of Portland Street 90 feet West of the Northwest corner of the intersection of Portland Street and Filbert Street, also being at the dividing line between Lots Nos. 4 and S, Block "A" on hereinafter mentioned Plan of Lots; thence Westwardly along the Northern line of Portland Street, 60 feet to a point at the dividing line between Lots Nos. S and 6, Block "A" , on said plan; thence North 18 degrees 11 minutes West along same, 239.09 feet to a point at the dividing line between Lots No. 2 and S, Block "A" , on said Plan; thence South 62 degrees 03 minutes East along same and along the dividing line between Lots Nos. 3 and S, Block "A" , on said Plan, 86.58 feet to a point at the dividing line between Lots Nos. 4 and S, Block "A" , on said Plan; thence South 18 degrees 11 minutes East along same, 76.67 feet to a point, the place of beginning. BEING Lot No. S, Block "A" , on Plan of Lots known as White Acres, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 6. BEING PAKCEL NU. 18-22-US 19-139 BEING KNOWN AS East Portland Street, Mechanicsburg, Pennsylvania 170SS. BEING the same premises which LINDA K. METZ by deed dated July 16, 2004 and recorded July 30, 2004 in the office of the Recorder in and for Cumberland County in Deed Book 264, Page 2185, granted and conveyed to Michael K. Clouser in fee. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 ~5~ 790-1010 Bac Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP Plaintiff v. Michael K. Clouser Defendant Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10-1645 CIVIL AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANT C --~} i y_ `:. `, %'';: ~~ ~; ~. ~. ~ .; `.>r ~,. } c u~ N G_ G9 N _. c.• The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing address of the Defendant is: Michael K. Clouser 317 E Portland St Mechanicsburg, Pennsylvania 17055 SWORN AND SUBSCRIBED BEFORE ME THIS 19`h DAY OF APRIL, 2010 /~L ~-- ~jQTAR~:PUBL~C. :. ~ ~~ ~~l.~i` ~4 1 ,~ •, r 6 ~ ~ qt ~, ~ t D ~ `.`:371 Ft r °? ~ : ~ .',7 : '° TERRE E J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff Ci '.-s'i~ ~~ T ~± <_ ` ~") ~~, _ _, ~~. errs :=-t McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bac Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP Plaintiff v. Michael K. Clouser Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF ~MN~N PLEAS ,~ ca -~"+ r'r7 r-~ , ~ ~- ' ~_:. NO: 10-1645 CIVIL ~ ';~:: ~ _ F ~` ' ~~ .~} ~ ~ ~ ~ . .• ~ ~`~ -..~ AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 317 East Portland Street, Mechanicsburg, Pennsylvania 17055, a copy of the description of said property being attached hereto and marked Exhibit "A." Name and address of Owner or Reputed Owner Name Address Michael K. Clouser 317 E Portland St Mechanicsburg, Pennsylvania 17055 Name and address of Defendant in the judgment: Name Address Michael K. Clouser 317 E Portland St Mechanicsburg, Pennsylvania 17055 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None r 4. 5. 6 Name and address of the last recorded holder of every mortgage of record: Name Address None Name and address of every other person who has any record lien on the property: Name Address None Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 317 East Portland Street Mechanicsburg, Pennsylvania 17055 Department of Public Welfare P.O. Box 2675 Harrisburg, PA ] 7105 ] 10 North 8`h 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 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales United States of America Domestic Relations Cumberland County United States of America Name and address of Attorney of record: Name Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Address None 1 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. April 19, 2010 DATE .~~ TERRENC J. McCABE, ESQUIRE MARC S. EISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff 1 .!~ LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described according to survey of D.P. Raffensperger, Registered Surveyor, dated August 5,1953, as follows: BEGINNING at a point on the Northern line of Portland Street 90 feet West of the Northwest corner of the intersection of Portland Street and Filbert Street, also being at the dividing line between Lots Nos. 4 and 5, Block "A" on hereinafter mentioned Plan of Lots; thence Westwardly along the Northern line of Portland Street, 60 feet to a point at the dividing line between Lots Nos. 5 and 6, Block "A" , on said plan; thence North 18 degrees 11 minutes West along same, 239.09 feet to a point at the dividing line between Lots No. 2 and 5, Block "A" , on said Plan; thence South 62 degrees 03 minutes East along same and along the dividing line between Lots Nos. 3 and 5, Block "A" , on said Plan, 86.58 feet to a point at the dividing line between Lots Nos. 4 and 5, Block "A" , on said Plan; thence South 18 degrees 11 minutes East along same, 76.67 feet to a point, the place of beginning. BEING Lot No. 5, Block "A" , on Plan of Lots known as White Acres, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 6. BEING PARCEL NO. 18-22-0519-139 BEING KNOWN AS East Portland Street, Mechanicsburg, Pennsylvania 17055. BEING the same premises which LINDA K. METZ by deed dated July 16, 2004 and recorded July 30, 2004 in the office of the Recorder in and for Cumberland County in Deed Book 264, Page 2185, granted and conveyed to Michael K. Clouser in fee. EXHIBIT A McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 CIVIL ACTION LAW Bac Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP v. Michael K. Clouser Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10-1645 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Michael K. Clouser 317 E Portland St Mechanicsburg, Pennsylvania 17055 n C :K+.. '~~ ~i'~~ r r'.,. r_-' ~~~ . ~.`,_. ~ ~,--, ~_ 3- N a c+ N r 3 G: -.~ Your house (real estate) at 317 East Portland Street, Mechanicsburg, Pennsylvania 17055 is scheduled to be sold at Sheriffs Sale on September 8, 2010 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $93,525.06 obtained by Bac Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Bac Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) ~i ~i ~r ~ti ~ ~~ :;: C,7 i1 i ~~ ~ ~'~`~ 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may fmd 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 fmd 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 Sherifl; you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 a McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Bac Home Loans Servicing, P f/k/a Countrywide Home Loans Servicing, LP Plaintiff v. Michael K. Clouser Defendant ,-r - ~~,~ 1 , . . Attorneys for Plaintiff ~ ~ ~~ ~ ~ r, AUb ~ PRt 3: a/ ~,~ ., CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10-1645 CIVIL AMENDED AFFIDAVIT OF SERVICE I, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 28`h day of July, 2010, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A." Copies of the letter and certificates of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." SWORN AND SUBSCRIBED BEFORE ME THIS ~hDAY OF 'T~~ , 2010 'XY1o,GL`ilP1 C NOTAR PUBLIC TEl[~ItENCE J. McCAB MARC S. WEISBE , I EDWARD D. CON AY MARGARET GAIR , Attorneys for Plaintiff COsMMGNw'F ~. _:_..._ ~ - ~_ i S w ~ ~T ~1 ~~~~'~• 1-. .~~ ~ r~ ~-~ Megan C. F'aolucci - tiotary Publ'~ City of Philadelphia, Phllad~iph!a Countf j tv1Y ~pMMISSION ~°'6RES SAN. 05, 201' McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Bac Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP Plaintiff v. Michael K. Clouser Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 10-1645 CIVIL AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 317 East Portland Street, Mechanicsburg, Pennsylvania 17055, a copy of the description of said property being attached hereto and marked Exhibit "A." Name and address of Owner or Reputed Owner Name Address Michael K. Clouser 317 E Portland St Mechanicsburg, Pennsylvania 17055 Name and address of Defendant in the judgment: Name Address Michael K. Clouser 317 E Portland St Mechanicsburg, Pennsylvania 17055 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None r 4. 5. Name and address of the last recorded holder of every mortgage of record: Name Address None Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 317 East Portland Street Mechanicsburg, Pennsylvania 17055 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 110 North 8`" 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 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff s Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America c/o United States Attorney for the Middle District of PA William J, Nealon Federal Building 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street, Suite 220 Harrisburg, PA 17108 Attorney General of the United States U.S. Department of Justice Rm 5111 Main Justice Bldg, 10`" and Constitution Ave. N.W. Washington, D.C. 20530 Attorney General of the United States United States Department of Justice 10th and Constitution Avenues NW Room 4400 Washington, D.C. 20530 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 Irnowledge or information and belief. I understand that false statements herein made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to Julv 28.2010 TE~di~NCE J. McCABE, DATE MARL S. WEISBERG, E' EDWARD D. CONWAY,~ MARGARET GAIRO, ES Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - Ip # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Bac Home Loans Servicing, P f/k/a Countrywide Home Loans Servicing, LP COURT OF COMMON PLEAS Plaintiff v. Michael K. Clouser Defendant DATE: July 28, 2010 TO: ALL PARTIES IN INTEREST AND CLAIMANTS CUMBERLAND COUNTY Number 10-1645 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Michael K. Clouser PROPERTY: 317 East Portland Street, Mechanicsburg, Pennsylvania 17055 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on September 8, 2010 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. ~yLL i o O N ~ I ~ ~ W ~ W ~ 11 liZ V~ s ~ n. 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BY: KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bac Home Loans Servicing, Lp Fka Countrywide Home Loans Servicing Lp Plaintiff Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS V. Michael K. Clouser Defendant No. 10-1645 CIVIL MOTION TO ADJOURN SHERIFF'S SALE -?.. ? • ,,y jar= -_ ?r rn :rte ?c:"'r1 Plaintiff, Bac Home Loans Servicing, Lp Fka Countrywide Home Loans Servicing Lp, by and through its attorney, Kevin T. McQuail, Esquire, moves this Honorable Court for an Order adjourning the January 5, 2011 Sheriffs Sale scheduled for and avers as follows: I . Plaintiff filed a Writ of Execution, as well as the Affidavit required by Pa.R.C.P. 3129, in order to list the property known as 317 East Portland Street, Mechanicsburg, Pennsylvania 17055 for Sheriff s Sale originally scheduled for September 8, 2010. 2. Plaintiffhas postponed the Sheriff s Sale to the full extent permitted, and is now requesting that the sale currently scheduled for January 5, 2011 be postponed further until March 2, 2011 as Plaintiff has placed a moratorium on all sales. 3. Plaintiff has complied with all the pertinent statutory and procedural rules of court governing the listing of real property for Sheriffs Sale. 4. Neither the parties hereto nor the parties previously set forth in the Affidavit Pursuant to Rule 3129 will be prejudiced by the adjournment of the Sheriffs Sale. WHEREFORE, Plaintiff prays that this Honorable Court grant an Order adjourning the Sheriffs Sale of the property known as 317 East Portland Street, Mechanicsburg, Pennsylvania 17055 to the March 2, 2011 Sheriffs Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 being required, except for an announcement be made at the sale currently scheduled for January 5, 2011. CONWAY, PC BY: y v Kevin T. cQu il, Esquire r P tjiff? Atto e fill, QVj ?---- Matthew J. Eshelman, Esquire Local Counsel McCABE, WEISBERG AND CONWAY, P.C. BY: KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bac Home Loans Servicing, Lp Fka Countrywide Home Loans Servicing Lp Plaintiff V. Michael K. Clouser Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 10-1645 CIVIL MEMORANDUM OF LAW Plaintiff requested that the Sheriff Sale originally scheduled for September 8, 2010 in this matter be continued for the legally allowable time without requesting the postponement from the Court. Plaintiff at this time requests that the Sheriff Sale set for January 5, 2011 be adjourned to March 2, 2011 as Plaintiff has placed a moratorium on all sales. Pursuant to Pa.R.C.P. 3129.3, the Court has the discretion to adjourn a Sheriffs Sale and dispense the requirement of new notice. WHEREFORE, Plaintiff prays that a special order of court be granted and the Sheriffs Sale of the property known as 317 East Portland Street, Mechanicsburg, Pennsylvania 17055 be adjourned to the March 2, 2011 Sheriff s Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 being required, except that an announcement be made at the sale currently scheduled for January 5, 2011. BY: _\/ Kevin T.: cRu 1, Esquire CONWAY, PC Matthew J. Eshelman, Esquire Local Counsel VERIFICATION The undersigned hereby certifies that she is the attorney for the Plaintiff in the within action and that she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff s representative, who is out of jurisdiction and not available to sign this verification at this time, are true and correct to the best of 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, JMIjSBERG W CONWAY, PC BY: _ Kevin T. Attorney McCABE, WEISBERG AND CONWAY, P.C. BY: KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bac Home Loans Servicing, Lp Fka Countrywide Home Loans Servicing Lp Plaintiff V. Michael K. Clouser Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 10-1645 CIVIL CERTIFICATION OF SERVICE I, Margaret Gairo, Esquire, attorney for the Plaintiff, hereby certify that I served a true and correct copy of the foregoing Motion To Postpone Sheriff Sale, by United States Mail, first class, postage prepaid, on the 30' day of December, 2010, upon the following: Michael K. Clouser 317 E. Portland St Mechanicsburg, Pennsylvania, 17055 McCABE, BY: Kevin T. M ail, Attorney fo Plainti CONWAY, PC This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. TERRENCE J. MCCABE'** MARC S. WEISBERG'* EDWARD D. CONWAY `*' MARGARET GAIRO `*' LISA L. WALLACE +t DEBORAH K. CURRAN t• LAURA H.G. O'SULLIVAN f• GAYL C. SPIVAK -* FRANK DUBIN `*' ANDREW L. MARKOWITZ `*' HEIDI R. SPIVAK * SCOTT T. TAGGART MARISA J. COHEN * KATHERINE D. SANTANGINI ^^ JASON BROOKSt FAITH MIROS `<' ERIN M. BRADY KEVIN T. McQUAIL ALEXANDRA T. GARCIA * CORRIN DEMENT ^^ ABBY K. MOYNIHAN CATHERINE WELKER `•' ANTOINETTE N. MOORE -• CHRISTINE GRAHAM MELISSA A. SPOSATO ^ See www.mwc-law.com for licensing key. Michael K. Clouser LAW OFFICES MCCABE, WEISBERG & CONWAY, P.C. SUITE 2080 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 (215)790-1010 FAX (215) 790-1274 December 30, 2010 317 E. Portland St Mechanicsburg, Pennsylvania 17055 SUITE 100 8101 SANDY SPRING ROAD LAUREL, MD 20707 (301) 490-3361 FAX (301) 490-1568 Also servicing the District of Columbia SUITE 201 4021 UNIVERSITY DRIVE FAIRFAX, VA 22030 (866) 656-0379 Re: Bac Home Loans Servicing, Lp Fka Countrywide Home Loans Servicing Lp v. Michael K. Clouser CUMBERLAND COUNTY; CCP; No. 10-1645 CIVIL Dear Sir/Madam: Enclosed please find a copy of Motion to Postpone Sheriffs Sale with regard to the above matter. V KM/ Enclosure SUITE 303 216 HADDON AVENUE WESTMONT, NJ 08108 (856) 858-7080 FAX (856) 858-7020 SUITE 499 145 HUGUENOT STREET NEW ROCHELLE, NY 10801 (914)-636-8900 GENERAL FAX (914) 636-8901 MEDIATION ONLY FAX (914) 819-5505 Also servicing Connecticut T.McQuail, Esquire This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. ,Ihm 0 4 2011 Bac Home Loans Servicing, Lp Fka Countrywide Home Loans Servicing Lp Plaintiff V. Michael K. Clouser Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 10-1645 CIVIL co .M ORDER AND NOW, this ??day of V u 01 U CP r r? C_ -cs --t; -' rte. N i,7 , 201L, upon consideration of Plaintiffs Motion to Adjourn the Sheriffs Sale currently scheduled in the above-captioned matter for January 5, 2011, it is hereby ORDERED that the Sheriffs Sale of the property known as 317 East Portland Street, Mechanicsburg, Pennsylvania 17055 is adjourned to the March 2, 2011 Sheriffs Sale. It is FURTHER ORDERED that no additional advertising of said Sale is necessary and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 is required. BY THE COURT: J. Distribution: /Kevin McQuail, Esq., 123 S. Broad, Ste 2080, Phila, PA 19109 ow Michael Clouser, 317 E. Portland St, Mbg, PA 17055 /Sheriff's Office Cumberland County-in _'n bin ' pt<B . SHERJFPS OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith -Low ? pt rruurry?? f??? Chief Deputy Richard W Stewart Solicitor Oft r . _} F THj p? I-fi/CE 2?t/ SAN 2 fr0"Y5 TAR CLIMB / Py 2' 14 P? ??S ?N O coutj T y aP{IA BAC Home Loans Servicing, LP i vs. Michael K. Clouser Case Number 2010-1645 SHERIFF'S RETURN OF SERVICE 06/22/2010 12:35 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 22, 2010 at 1233 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michael K. Clouser, located at, 317 Portland Street, Mechanicsburg, Cumberland County, Pennsylvania according to law. 06/22/2010 12:35 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on Juen 22, 2010 at 1233 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Michael K. Clouser, by making known unto, Michael K. Clouser, personally, at, 317 East Portland Street, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 09/07/2010 As directed by Margaret Gairo, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/8/2010 12/03/2010 As directed by Margaret Gairo, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/5/2011 01/04/2011 As directed by Margaret Gairo, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/2/2011 01/21/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney on 1/18/11. SHERIFF COST: $1,092.05 January21, 2011 SO ANSWERS, 4RON ANDERSON, SHERIFF '2 .0c) Pd- 1?0. k .C;: cowltysuitn jh!ntt, Teieo50fl , Inc. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bac Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 10-1645 CIVIL V. Michael K. Clouser Defendant AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 317 East Portland Street, Mechanicsburg, Pennsylvania 17055, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owner or Reputed Owner Name Address Michael K. Clouser 317 E Portland St Mechanicsburg, Pennsylvania 17055 2. Name and address of Defendant in the judgment: Name Address Michael K. Clouser 317 E Portland St 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 None 4. Name and address of the last recorded holder of every mortgage of record: Name Address None 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Address 317 East Portland Street Mechanicsburg, Pennsylvania 17055 Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 110 North 81h 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 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales United States of America Domestic Relations Cumberland County United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 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. M "67 April 19, 2010 TERREN J. McCABE, ESQUIRE DATE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described according to survey of D.P. Raffensperger, Registered Surveyor, dated August 5,1953, as follows: BEGINNING at a point on the Northern line of Portland Street 90 feet West of the Northwest corner of the intersection of Portland Street and Filbert Street, also being at the dividing line between Lots Nos. 4 and 5, Block "A" on hereinafter mentioned Plan of Lots; thence Westwardly along the Northern line of Portland Street, 60 feet to a point at the dividing line between Lots Nos. 5 and 6, Block "A", on said plan; thence North 18 degrees 11 minutes West along same, 239.09 feet to a point at the dividing line between Lots No. 2 and 5, Block "A" , on said Plan; thence South 62 degrees 03 minutes East along same and along the dividing line between Lots Nos. 3 and 5, Block "N', on said Plan, 86.58 feet to a point at the dividing line between Lots Nos. 4 and 5, Block "A", on said Plan; thence South 18 degrees 11 minutes East along same, 76.67 feet to a point, the place of beginning. BEING Lot No. 5, Block "A", on Plan of Lots known as White Acres, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 6. BEING PARCEL NO. 18-22-0519-139 BEING KNOWN AS East Portland Street, Mechanicsburg, Pennsylvania 17055. BEING the same premises which LINDA K. METZ by deed dated July 16, 2004 and recorded July 30, 2004 in the office of the Recorder in and for Cumberland County in Deed Book 264, Page 2185, granted and conveyed to Michael K. Clouser in fee. ' 1 Y?_ E McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Bac Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP V. Michael K. Clouser COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10-1645 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Michael K. Clouser 317 E Portland St Mechanicsburg, Pennsylvania 17055 Your house (real estate) at 317 East Portland Street, Mechanicsburg, Pennsylvania 17055 is scheduled to be sold at Sheriffs Sale on September 8, 2010 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $93,525.06 obtained by Bac Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Bac Home Loans Servicing, LP fWa Countrywide Home Loans Servicing, LP the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 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. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described according to survey of D.P. Raffensperger, Registered Surveyor, dated August 5,1953, as follows: BEGINNING at a point on the Northern line of Portland Street 90 feet West of the Northwest corner of the intersection of Portland Street and Filbert Street, also being at the dividing line between Lots Nos. 4 and 5, Block "A" on hereinafter mentioned Plan of Lots; thence Westwardly along the Northern line of Portland Street, 60 feet to a point at the dividing line between Lots Nos. 5 and 6, Block "A", on said plan; thence North 18 degrees 11 minutes West along same, 239.09 feet to a point at the dividing line between Lots No. 2 and 5, Block "A", on said Plan; thence South 62 degrees 03 minutes East along same and along the dividing line between Lots Nos. 3 and 5, Block "A", on said Plan, 86.58 feet to a point at the dividing line between Lots Nos. 4 and 5, Block "A", on said Plan; thence South 18 degrees 11 minutes East along same, 76.67 feet to a point, the place of beginning. BEING Lot No. 5, Block "A" , on Plan of Lots known as White Acres, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 6. BEING PARCEL NO. 18-22-0519-139 BEING KNOWN AS East Portland Street, Mechanicsburg, Pennsylvania 17055. BEING the same premises which LINDA K. METZ by deed dated July 16, 2004 and recorded July 30, 2004 in the office of the Recorder in and for Cumberland County in Deed Book 264, Page 2185, granted and conveyed to Michael K. Clouser in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-1645 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff (s) From MICHAEL K. CLOUSER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $93,525.06 L.L. $.50 Interest from 4/16/10 to 9/8/10 at $15.37 -- $2,244.02 Atty's Comm % Due Prothy $2.00 Atty Paid $204.00 Plaintiff Paid Date: 4/21/10 (Seal) Other Costs David D. Buell, Prothonotary By: Deputy REQUESTING PARTY: Name: MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S BROAD ST, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA, Known and numbered as, 317 East Portland Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: 1 Real Estate oordinator r ... iJ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a-legal periodical published in the Borough of Carlisle in the County and.State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 16, July 23, and July 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. I r Lisa Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this 30 da off July, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notwy POW [CARL&E BOROUGH, CUMBERLAND COUNTY y? Chios ENphs Apr 28, 2014 Xe. 9OW100 Ciel1 BAC Home Loans Servicing, LP F/K/A Countrywide Home Loans Servicing, LP VS. Michael K. Clouser Atty.: Margaret Gairo ALL THAT CERTAIN piece or par- cel of land situate in the Borough of Mechanicsburg, Cumberland Coun- ty, Pennsylvania, more particularly bounded and described according to survey of D.P. Raffensperger, Regis- tered Surveyor, dated August 5, 1953, as follows: BEGINNING at a point on the Northern line of Portland Street 90 feet West of the Northwest corner of the intersection of Portland Street and Filbert Street, also being at the dividing line between Lots Nos. 4 and 5, Block "A" on hereinafter mentioned Plan of Lots; thence Westwardly along the Northern line of Portland Street, 60 feet to a point at the dividing line between Lots Nos. 5 and 6, Block "A", on said plan; thence North 18 degrees 11 minutes West along same, 239.09 feet to a point at the dividing line between Lots No. 2 and 5, Block "A" , on said Plan; thence South 62 dig, 03 n*nneo ftAt a some mad ahmag the divk1ing line beturoen Lots No*. 3 and 5, )dock "A", on said Von, 06.58 feet to a point at the di- 'N Ww betvsen Lets Nos. 4 and 5, i6ek 'A", on said Plan; thence' South 18 degrees 11 minutes East along same, 76.67 feet to a point, the place of beginning. BEING Lot No. 5, Block "A", on Plan of Lots known as White Acres, said Plan being recorded in the Of- fice of the Recorder of Deeds in and for Cumberland County in Plan Book 6. BEING PARCEL NO. 18-22-0519- 139. BEING KNOWN AS East Portland Street, Mechanicsburg, Pennsylvania 17055. BEING the same premises which LINDA K. METZ by deed dated July 16, 2004 and recorded July 30, 2004 in the office of the Recorder in and for Cumberland County in Deed Book 264, Page 2185, granted and con- veyed to Michael K. Clouser in fee. rIgUG- ?1s4A.?AjgMU.,,"r3u0h0F .181.Si+A3 ?til ,BS +a hoiaahntnoa ,..he Patriot-News Co. 2020 Technology Pkwy, Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the PNow 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854. and September 18th, 1949, respectively, and all have been continuously published ever since-, That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true-, and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/09/10 07/16/10 07/23/10 Sworn to and'subscribed before me this-05 Cloy of August, 2010 A. D. Notary Public r COMMONWEALTH OF PENNSYLVANIA w Notarial Seaf - Sherrie Kisner, Notary Public rower Paxton Twp., Dauphin County MY Commis:Von Expires Nov. 26, 2011 A''e'r'':??'W_'?~^n°s"?;=;*la Assaciatlon of Notarie?,.? Writ No. 2010.1645 Civil Term OX Mona Loene Servicing, LP F/K(A Countrywide Home Loans Servicing, LP Vs Michael. K. Clouser Atty: Mau4pret Gairo ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described according to survey of D.P. Raffensperger, Registered Surveyor, dated August 5,1953, as follows: BEGINNING at a point on the Northern line of Portland Street 90 feet West of the Northwest corner of the intersection of Portland Street and Filbert Street, also being at the dividing line between Lots Nos. 4 and 5, Block "A" on hereinafter mentioned Plan of Lots; thence Westwardly along the Northern fine of Portland Street, 60 feet to a point at the dividing line between Lots Nos. 5 and 6, Block "A" , on said plan; thence North 18 degrees 11 minutes West along same, 239.09 feet to a point at the dividing line between Lots No. 2 and 5, Block 'A" . on said Plan; thence South 62 degrees 03 minutes East along same and along the dividing line between Lots Nos. 3 and 5, Block "N', on said Plan, 86.58 feet to a point at the dividing fine between tots Nos. 4 and 5, Block "A" , on said Plan; thence South 18 degrees I I minutes East along same, 76.67 feet to a point, the place of beginning. BEING Lot No. 5, Block "A", on Plan of Lots known as White Acres, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 6. BEING PARCEL NO. 18-22-0519-139 BEING KNOWN AS East Portland Street, Mechanicsburg, Pennsylvania 17055. BEING the same premises which LINDA K. METZ by deed dated July 16, 2004 and recorded July 30, 2004 in the office of the Recorder in and for Cumberland County in Deed Book 264, Page 2185, granted and conveyed to Michael K. Clouser in fee.