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Home My WebLink About10-3376GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATT"WWV I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.GOLDBECKLAW.COM 2'U l0 Piily 20 F 62 ?- ABFS 1998-2 TRUST 190 Lawrence Bell Drive Suite 104 Buffalo, NY 14221 Plaintiff vs. ALETA A. SPANGLER ROBERT F. SPANGLER JR. Mortgagors and Record Owners 26 E Simpson Street Mechanicsburg, PA 17055 Defendants N 0 T I C R OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term 9 No. 1V 3-) (o CN'l jcr-, CIVIL AMON: MORTQAW- You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 1- . 06 pkaI y 8 Irvine Row a.- 330 7 3 5-- Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row 'Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentiongyoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure andlor package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 8848817C. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is ABFS 1998-2 TRUST, 190 Lawrence Bell Drive, Suite 104 Buffalo, NY 14221. 2. The names and addresses of the Defendants are ALETA A. SPANGLER, 26 Andes Drive 28, Mechanicsburg, PA 17055 and ROBERT F. SPANGLER JR., 26 Andes Drive 28, Mechanicsburg, PA 17055, who are the mortgagors and record owners of the mortgaged premises hereinafter described. 3. On December 04, 1996 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to HOMEAMERICAN CREDIT, INC. D/B/A UPLAND MORTGAGE, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1355 Page 1024. The mortgage has been assigned to: ABFS 1998-2 TRUST by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for January 10, 2009 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ....................................................................................$81,240.65 Interest from 12/10/2008 through 10/31/2009 at 7.0000% .... ...................$7,618.62 Per Diem interest rate at $15.58 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$4,062.03 Late Charges from 01/10/2009 to 10/31/2009 ....................... ......................$292.50 Monthly late charge amount at $50.89 Costs of suit and Title Search ................................................ ...................... $900.00 Fees ........................................................................................ ........................$36.64 Monthly Escrow amount $285.02 $94,150.44 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff s Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $94,150.44, together with interest at the rate of $15.58, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure o ga e and Sheriff's Sale of the Property. By: GOL ECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ?, ATTORNEY FOR PLAINTIFF ?r VERIFICATION I, HoNA 5 ! IZ 13 Y to as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date: to #88488FC - ALETA A. SPANGLER and ROBERT F. SPANGLER JR. 26 E Simpson Street Mechanicsburg, PA 17055 Prepared Ry and RetuM To: Referral Department GOLDIII=C'K McCAFFFR"IY & McKIA'wWR Mellon Independence Center - Suite 5000 701 Markct Strect Philadclhi ia, PA 10106-1532 215-825-63 1.1 00050008 33 GMM File Number 88488FC Parcel I DJ': 17-23-0565-063 ASSIGNMENT OF MORTGAGE 13AC HOME LOANS SERVICING, LP, F/K/A COUNTRYWIDE HOME LOANS SERVICI?;G, LL.C, F/K/A COUNTRYWIDE HOME LOANS, INC. (Assignor), for and in consideration of the sum of "fen Dollars ($10.00) and other good and valuable consideration, the receipt of which is acknowledged, does grant, bargain, sell, assign and transfer to ABFS 1998-2 TRUS'T'. A13FS 1998-2 TRUS'T' (Assignee), all of its riglit, title and interest, as holder of, in, and to the following described mortgage, the property described and the indebtedness secured by the mortgage: Executed ALETA A. SPANGLERR and ROBERT F. SPANGLER JR., Mortgagor(s); to HOMF,A-MERICAN CREDIT, INC. D/B/A UPLAND MORTGAGE. Bearing date of: December 04, 1996; Amount Secured: $50,000.00; Recorded on December 11, 1996; in Book 1355 Page 1024; in the Recorder of Deeds Office of Cumberland County, Commonwealth of Pennsylvania ("Mortgage") Propert.: 26 E Simpson Street, Mechanicsburg, PA 17055 AS FL'it ['111,'R DI_SCR113F?D IN EXl IIIIIT "A", ATTACHED AND INCORPORATED INTO THIS ASSIGN"vlFN 1. Together with the note or obligation described in the Mortgage endorsed to the Assignee,("Note") and all moneys due and to become due on the Note and Mortgage, with interest. Assignee its successors, legal representatives and assigns shall hold all rights underthe Note and Mortgage forever, subject however, to the right and equity of redemption. if any, of the maker(s) of the Mortgage, their heirs and assigns forever Assignor, by its ,appropriate corporate officers, has executed and sealed with its corporate seal this Assignment of Mortgage on this . 17M.-day of A 2010. BAC HOME LOANS SERVICING, LP, FK/A COUNTRYWIDE HOME LOANS SERVICING, LP, F/K/A COUNTRYWIDE HOME LOANS, INC. (Affix Corporate Seal) ss: STATE 01, - - TsXe3 (SEAL) Name: tmw W _ President Title: r "`--- (SEAL} Name: Title: Aamn Formby-Asst. Vice President ) COUNTY OF TanwA } BE IT RF.-NI ;MBERED, that on this "7,*"Lday of , 2010, before me, the subscriber, a Notary Public personally appeared Aan Formby-Asst. Vice President BAC HON11_ LOA \1S SF-RV IQNG I T. I'rh A COIjr\TRYWIDE [-TOME LOANS SERVICING INC._ F/K/A COUNI_hl \4li)I. iiUl11. L(i;1??: IBC. officers oi'Assignor. \0.1c, I am siuisilcd are the persons who signed the within instrument and they acknow1c,lzed that they signed, sealed with the corporate seal and delivered the same as such officers aforesaid. and that the \- ithin instrument is the voluntary act and deed of such corporation made by virtue of a Resolution of its Board of Directors. Notary Public My commission expires. 2-I 2- iy! I hereby certify the address of the Assignee is: _y . 190 Lawrence Bell Drive, Suite 104, Buffalo,NY 14221 DEEO 'Aki A. C +ETZER Nomiy Public '+ta My Comm. Fem. W.0121' 1 4 000500(18 ; .t Case #: 89488FC E.rihibitA Legal Description ALL THAT lot of ground situated an the South ride of Bast Simpson Street in the Seoond Ward of the Sonough. of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follow, to rit: 9mMMIM at a point on the building line of said Bast Simpson Street, at the corner. of property formerly of Irene Stough, thence along amid property of Irene Stough, Southward one hundred thirty-two (132) feet to a twenty (29) foot alleys thence Bastwaxd along said alley, sixty-eight (691 feet to a point at corner of property formerly of O. H. Aulthoase, thence along said property of O. B. Aulthouse, Northward one hundred thirty-two (132) feet to a point on the building line of said Bast Simpson Streeti thence along the building line of said Street, Westward sixty-eight (69) feet to a point, the place of BBiiXMM. NOW IMPAOVBD by a two and one-half (2/12) story frame dwelling house numbered 26 Bast Simpson Street, Mechanicsburg, Pennsylvania, and Office building at 29 Bast Simpson Street, Mechanicsburg, Pennsylvania. ?,i,l Pennsvt anie S'. ,: 1!dCuinberl u 14d 'M1 the ofhce for the recording of e my hand I of an ?... ?A We of R- PAMOrder 0001(1355 mcdO30 Eyhibit (B A M S Servicing, Llc 19G Lawrence Bell Drive Suite 104 Buffalo, NY 14221 09-10-09 Robert F Spangler Jr Aleta A Spangler 26 E Simpson St Mechanicsburg, PA 17055 Loan Number: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNERS MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. Persons with impaired hearing can call (717) 780-1869. 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. 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 INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNERS NAME(S): Robert F Spangler Jr Aleta A Spangler PROPERTY ADDRESS: 26 E Simpson St Mechanicsburg PA 17055 LOAN NUMBER: ORIGINAL LENDER: a CURRENT LENDER/SERVICER: A M S Servicing, Llc HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE 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 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 RESONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * 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. 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 THE NEXT (30) DAYS. 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. 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.) If you have tried and are unable to resolve this problem with the lender, 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 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. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. 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 completed Homeowner's Emergency 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. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. 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 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: 26 E Simpson St,Mechanicsburg PA 17055 is seriously in default because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS from 01-10-09 to 09-01-09 and the amount past due is $ 8,179.04. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not if not applicable) HOW TO CURE 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 $ 8,179.04, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashiers check, certified check or money order made payable and sent to: A M S Servicing, Llc 190 Lawrence Bell Drive Suite 104 Buffalo, NY 14221 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter (Do not use if not applicable). Mail check to client IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY (30) DAYS of this 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 occurred, 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 attorneys 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. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFFS 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 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 have never defaulted. EARLIEST POSSIBLE SHERIFFS SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 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. HOW TO CONTACT THE LENDER: Name: A M S Servicing, Llc Address: 190 Lawrence Bell Drive Suite 104 Buffalo, NY 14221 Phone: (866) 919-5608 Fax: (716) 204-3875 EFFECT OF SHERIFFS 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 may not 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 ACTION 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 CALENDER YEAR). • * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR • ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY • THE LENDER. • * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. • PLEASE FIND ATTACHED A LIST OF APPROVED CONSUMER CREDIT COUNSELING • AGENCIES SERVING YOUR COUNTY. • Sincerely, • Collections Department CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Acorn Housing of Pittsburgh Mon Valley Unemployment Committee 5907 Perm Avenue 1800 West Street Suite 300 Pittsburgh, PA 15206 412-441-7240 Action Housing, Inc Corporationnue Suite 950 (412) 391-1956 (412)281-2102 (800) 792-2801 Pittsburgh, PA 15219 3rd Floor 412-462-9962 Homestead, PA 15120 New Life Community Housing Development 1901 Centre Avenue Suite 206 Pittsburgh, PA 15219 412-434-6580 Pennsylvania Housing Finance Agency 2275 Swallow Hill Road CCCS of Western PA, Inc. Bldg 200 River Park Commons (412) 429-2842 2403 Sidney Street, Suite 400 Pittsburgh, PA 15220 888-511-2227 Pittsburgh, PA 15203 Urban League Of Pittsburgh Bldg. For Equal Opportunity Community Action Southwest One Smithfield St 58 East Greene Street (724) 852-2893 Waynesburg, PA 15370 In accordance with the Fair Debt Collection Practices Act, Title 15 U.S.C. MI692(g), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after receipt of this notice. If you dispute the validity of this debt or any portion thereof within this thirty-day period, this firm will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Please be advised this is an effort to collect a debt. Any and (412) 227-4802 Pittsburgh, PA 15222 all information obtained will be used for that purpose. ABFS 1998-2 TRUST, Plaintiff vs. ALETA A. SPANGLER and ROBERT F. SPANGLER, JR., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 10-3376 CIVIL IN RE: MOTION FOR DISMISSAL ORDER AND NOW, this ~' day of September, 2010, the Court being satisfied that the matters complained of in the within motion do not support the dismissal of the underlying action, the motion for dismissal is DENIED. BY THE COURT, Michael T. McKeever, Esquire For the Plaintiff lets A. Spangler Robert F. Spangler, Jr. Defendants :rlm i Qlsl~~ ' c ~ ~ ~ -v ~~ z ,, --, ~TM~ ~ ~ - n ~_:; cx~ ~-z ~~-~ ~ ~,. ~Q ABFS 1998-2 TRUST 190 Lawrence Bell Drive Ste 104 Buffalo NY 14221 Plaintiff Vs ALETA A SPANGLER IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW MOTION TO CONTINUE SHERIFFS SALE ROBERT F SPANGLER JR Term No. 10-3376 Civil Cl) C L.s?'- -G Defendants rnw Co o` --? n ?rn MOTION TO CONTINUE SHERIFFS SALE D C7 z,, = o % c`5 p ?" z -s Plaintiff has not properly notified all properties on the deed of the pending foreclosure, as required by ' law. Plaintiff has, through their attorney, and in violation of numerous federal rules, caused legal documents containing financial information, to be served to an address unknown to the defendants, a violation of the confidentiality of the defendants. When questioned about these violations, Deborah Gregoire of AMS Servicing stated that her firm is not responsible for the actions of their attorney. Defendants have, on at least 3 occasions, requested proof of the mortgage balance, which has increased from approximately $42,000 to over $100,000. There is also no indication that a $6000 payment in 2008 has been applied. Plaintiff has thus far been unwilling and/or unable to provide proof of the mortgage balance. Plaintiff claims to have received notification that defendant cancelled their homeowners insurance. Defendant has requested proof of said claim, because it is not true. Plaintiff to date has been unwilling and/or unable to come up with any proof of their false claim, yet continuse to charge defendant for redundant homeowner's insurance. Defendant has twice completed all necessary paperwork for a mortgage modification. The second set of paperwork was required because plaintiff lost the first set. The second set of papers has been in the hands of plaintiff for several months with no action taken on it. On September 1, 2010, Deborah Gregoire of AMS Servicing stated that she would review the information and get back to defendant. As of this date she has failed to do so. r Defendant may be eligible for one or more federal mortgage assistance programs. However Deb Gregoire of AMS Servicing said that her company will not allow defendants to participate in any federal programs. Defendants have requested that the mortgage be returned to the prior mortgage company who is willing and able to participate in federal programs, but plaintiff has refused to do so. Defendant has requested from and received an opinion from the Internal Revenue Service regarding the handling of prior principal and interest being reported on form 1096. Deb Gregoire of AMS Servicing stated that AMS Servicing will not abide by the IRS opinion, yet is unable to provide any IRS rulings to back up her denial. Simultaneously with the filing of this response, defendant will be filing complaints against AMS Servicing with the PA Office of the Attorney General, the PA Department of Banking, the Better Business Bureau and the Internal Revenue Service. Defendants have in the past requested that all correspondence with AMS be done in writing in order to maintain a copy for future reference or legal proceedings. Plaintiff initially cooperated with this request but then decided that they do not correspond by email, even sending an email stating that they will not correspond via a-mail. Defendants have the means and desire to make regular monthly mortgage payments. Plaintiff has been uncooperative and to this point has done absolutely nothing to try to get this mortgage situation rectified. It appears that they purchased this mortgage from the prior mortgage company with the intention of foreclosing, seeing that defendants have significant equity in the property. Defendants hereby request that the court postpone the sheriff' sale and order that AMS Servicing answer all the items mentioned in this response. i VERIFICATION 1, Robert F Spangler, Jr., do hereby make this verification and state that the facts set forth within this response are true and correct to the best of my knowledge, information and belief. 1 understand that false statements therein are made subject to the penalties of 18 Pa CS 4904 relating to unworn falsification to authorities. Date November 13, 2010 ABFS 1998-2 TRUST, Plaintiff vs. ALETA A. SPANGLER and ROBERT F. SPANGLER, JR., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-3376 CIVIL IN RE: MOTION TO CONTINUE SHERIFF'S SALE ORDER AND NOW, this /4' day of November, 2010, hearing on the above-captioned motion is set for Thursday, December 2, 2010, at 2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Michael T. McKeever, Esquire For the Plaintiff Aleta A. Spangler Robert F. Spangler, Jr. Defendants "__?S Servicing :rlm 4,? /")/tee-L If IV/40 c o ? - ?' -n M CD rn F - VM c? C) C:) .1 ° -v rn o-n 3'c-) CD zc c x- °m .? C GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 ABFS 1998-2 TRUST 190 Lawrence Bell Drive Suite 104 Buffalo, NY 14221 VS. ALETA A SPANGLER ROBERT F SPANGLER JR Mortgagor(s) and Record Owner(s) 26 E Simpson Street Mechanicsburg, PA 17055 Plaintiff Defendant(s) 88488FC FILED ` CF: 05/20/2010 SD: 12/08/2010 Off- IHE PRO-OFFICE $100,576.92 2010 NOV 30 Alf t 1: i n -UMBEL ?ODUROF COMMON PLEAS PENNS YLy"-??j MKmberland County CIVII., ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 10-3376 CIVIL CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Keith C. Halili, an employee of Goldbeck McCafferty & McKeever, counsel for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: Personal Service by the Sheriffs Office/eempetevit ad. (copy of return attached). ( ) Certified mail by Michael T. McKeever (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, ??? al - BY: Keith C. Halili U_ Legal Secretary ?c ti h4 'n m 'r p`, n r ? U w X et r o -A m` 0 m m 42 m ? 0 U m ?dcrN ?noo op00 m o°c o 1%N`L a m p' O C m m N z a Q a Z U U ? cL Z ? ac a z m o O J N N U.. o O W Q ID cn QC N U = Q d N N W cv a c? ?ul :- U. 10 to ti O d Eck 00. 00 m a `.; % Q N? m m .r L? N Q t o ~ U pd o z Z.?U U 94 Na - X m tCU y o, U'Ytn 5 co _ ZO"a O r?-~o i .. ao ` d N n W co 0); (D.o to C? v 0 000-0 J 00 . , IJ N ? ? I ,.. 4 GN U 0 o a CD -- U a o OR g? Q Ie Z ? x ul C-A 40too. c 7 ? (1] m N z c w ? a v, Ul G- a O •Olc-w C4 $ V oY w ,s, rnm'?a4eb mQW'L' ?0 - rC ..? ,,rr T ""' T ZO?o ?m 7- 0 d on O m a ? Q a t A 4D 0 z s a co dN oU ?Q 4cQ LU ma U, as `l d o WC? 4ccoN Ql) ?oL FOR ? = UU ca ap s r U NN W w. ? N U3 r.. O U c 4 Q T N ~ Z 4c a a- C( J t3 EL s u c eu a Z I ED ZN a U U ' r J U) cr W o J U a? o? w4 ? z ?z z ? c0= <-X ?t-- cei ?4 GV a Q a A \ L 4? r fl. t'- 8 a E N Y a m C? O Z m N w C7 Z om ? n . N N G ° -n U3 @ p Q a 0 O i m a •° dG of N S3 W o? d ? V 4 ? ? Y z? ° a ?JZ6 N a 0 Q ., w s,NGi ID m OF), c r-t O '? Yy?, as ? y C? ? N {'??3ftNn c`" ? 4 7+ i U o ? a - d Gd C m ca m " R mvn E® LL to 73°°?"0 c s g r g ? 4 u, U ? m t?s Ni m m 4 c d W an 00 rJ tY3 ul F U) U N c 3 N Zi t~J)0 O o ?dcya , = Q ?Q and j N r Z CIA flCIO? ' O co 2 UO CO ) W o a t? m c j U ` Q ov my `^ O 3 2 ..? 4 U3 5L. ?] m g p Q m4 N NO ?tfl UQt]o - d 4 N f- m U- mo -ice ?r m N 4? w t ZEE 00 0 co m ?Ng co mN d q? a4 ?N U ocr p 0? Z E -5 tstt Zi, U) (o ED ?i z aim 4 o z';?SII m(1) No a Ul 4c OOOC3 Q N° o ;,'F m m x a N lua tf) _ v`LoUl Jc?'> ?w v 400 cli l mOw2?o ri 0) Z t=t)_ CL- tom- -5 C) U 4 U- a a u r= W a$ 0 4 U LL. 4 EZ co 5.0 w u- ' Q 0 ? CO a r CD r-- SHERIFF'S OFFICE OF CUMBERLAND COUNTY RormT R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor u p:. . OFFICE OF ?'Of S-4MFr ABFS 1998-2 Trust Case Number vs Robert F. Spangler, Jr. (et al.) 2010-3376 SHERIFF'S RETURN OF SERVICE 10/1512010 07:50 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-15-10 at 1950 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Robert F. & Aleta A. Spangler, Jr., located at, 26 East Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania according to law. 10/15/2010 07:50 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-15-10 at 1950 hours, she 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: Robert F. Spangler, Jr., by making known unto, Aleta Spangler, wife of defendant, at, 26 E. Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 10/15/2010 07:50 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-15-10 at 1950 hours, she 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: Aleta Spangler, by making known unto, Aleta Spangler, personally, at, 26 E. Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $908.92 October 27, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ;c} CoLm4,Suite SheMt, TeecsoR, Inc. GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 ABFS 1998-2 TRUST 190 Lawrence Bell Drive Suite 104 Buffalo, NY 14221 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW VS. ALETA A SPANGLER ROBERT F SPANGLER JR Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE Term No. 10-3376 CIVIL 26 E Simpson Street Mechanicsburg, PA 17055 Defendant(s) SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 ABFS 1998-2 TRUST, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 26 E Simpson Street Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): ALETA A SPANGLER 26 E Simpson Street Mechanicsburg, PA 17055 ROBERT F SPANGLER JR 26 E Simpson Street Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: ALETA A SPANGLER 26 E Simpson Street Mechanicsburg, PA 17055 ROBERT F SPANGLER JR 26 E Simpson Street Mechanicsburg, PA 17055 . 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.Q. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 ROBERT. J. BLAZINA, TRUSTEE OF MARTIN M. SACKS & ASSOCIATE 40 Geisel Road Harrisburg, PA 17112 FULTON BANK 1695 State Street P.O Box 432 East Petersburg, PA 17520 G.H HARRIS ASSOCIATION P.O. Box 216 Dallas, PA 18612 COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024 SONAL K. PATEL 6563 New Providence Drive Harrisburg, PA 17111 CUMBERLAND COUNTY ADULT PROBATION 1 Courthouse Square Carlisle, PA 17013 PINNACLE HEALTH HOSPITALS P.O. Box 11848 Harrisburg, PA 17108 JOAN FREY 160 GLENDALE ROAD HARRISBURG, PA 17112 JAMES A. BOYTIM 160 GLENDALE STREET HARRISBURG, PA 17112 MADER DRYWALL INC. 164 12th Street New Cumberland, PA 17070 STILES R. MADER AND MADER DRYWALL INC. 164 12th Street New Cumberland, PA 17070 JAMES A. BOYTIM C/O THOMAS J. WEBER 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 JOAN FREY C/O THOMAS J. WEBER 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 ROBERT. J. BLAZINA, TRUSTEE OF MARTIN M. SACKS & ASSOCIATE C/O THOMAS J. WEBER 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 STILES R. MADER AND MADER DRYWALL INC. c/o Robert L. O'Brien 19 West South Street Carlisle, PA 17013 PINNACLE HEALTH HOSPITALS C/O ROBERT D. KODAK 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108 4. Name and address of the last recorded holder of every mortgage of record: RONNIE L. SCOTT 345 Mount Zion Road Dillsburg, PA 17019 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS AND OCCUPANTS 26 E. SIMPSON STREET MECHANICSBURG, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: November 24, 2010 GOLDBECK McCAFFERTY & MCKEEVER BY: Keith C. Halili Legal Secretary ABFS 1998-2 TRUST, Plaintiff V. ALETA A. SPANGLER and ROBERT F. SPANGLER, JR., Defendants TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW C-) No.: 10-3376 CIVIL TERM c rv C CD ? -Z33 c? ° --? rn -n z? rl r r r n 'VM ' z C) =p 3 ? ,RANCE AS LOCAL COUNS °••° - 4 W s' Kindly enter my appearance as local counsel, in conjunction with Goldbeck, McCafferty and McKeever, P.C., for the limited purpose of representing the Plaintiff in regard to the December 2, 2010 Hearing only. December 2, 2010 Respectfully submitted, WOLF & WOE, Attorneys at Law Nathan .X. W qui I.D. o. 8 10 st Street C sle, PA 17013-2922 (717) 241-4436 cc: Goldbeck, McCafferty & McKeever, for Plaintiff ABFS 1998-2 TRUST, Plaintiff V ALETA A. SPANGLER and ROBERT F. SPANGLER, JR.: Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010-3376 CIVIL TERM IN RE: MOTION TO POSTPONE SHERIFF'S SALE ORDER OF COURT AND NOW, this 2nd day of December, 2010, the motion to postpone sheriff's sale is granted, and the sheriff's sale in this matter is stayed. Said sale to be relisted for February 2, 2011, without the necessity of additional advertising. The purpose of the postponement is to give the defendants the opportunity to communicate further with the plaintiff. This order is entered with the understanding that there will be no further postponements granted at the request of the defendant of the sheriff's sale beyond the February date. By the Court, Kevi i?k ,A. Hess, P.J. ?han Wolf, Esquire ,/Michael T. McKeever, Esquire For the Plaintiffs leta A. Spangler ><o"bert F. Spangler, Jr. Defendants :bg c? CS -OZ o " M rn rn M - c-? -, r - W qQ zo D c: %D C)r*i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson . , HE Ftt?; FILED-OFFICE Sheriff r THONG TA Jody S Smith ? ?, Chief Deputy tiPR I I AM (a; 3 Richard W Stewart CUMBERLAND COU i ?' Solicitor F ?? ..; FEIN SYL% t, tIA ABFS 1998-2 Trust vs. Case Number Robert F. Spangler, Jr. (et al.) 2010-3376 SHERIFF'S RETURN OF SERVICE 10/15/2010 07:50 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-15-10 at 1950 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Robert F. & Aleta A. Spangler, Jr., located at, 26 East Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania according to law. 10/1512010 07:50 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-15-10 at 1950 hours, she 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: Robert F. Spangler, Jr., by making known unto, Aleta Spangler, wife of defendant, at, 26 E. Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 10/15/2010 07:50 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-15-10 at 1950 hours, she 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: Aleta Spangler, by making known unto; Aleta Spangler, personally, at, 26 E. Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 12/08/2010 As directed by Michael McKeever, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/2/2011 02/01/2011 As directed by Michael McKeever, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/6/2011 04/06/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney on 4/6/11. SHERIFF COST: $823.96 April 07, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF so?. sa?,t a,?9/ 8 13G8 R? as77s? .r? CountySuite Sher?fi. 7ei,?os?R In::_ Goldbeck McGieriy & *Keever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff ABFS 1998-2 TRUST 190 Lawrence Bell Drive Suite 104 Buffalo, NY 14221 vs. ALETA A SPANGLER ROBERT F SPANGLER JR (Mortgagor(s) and Record Owner(s)) 26 E Simpson Street Mechanicsburg, PA 17055 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 10-3376 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 ABFS 1998-2 TRUST, Plaintiff in the above action, by and through an authorized employee of its attorneys, Goldbeck McCafferty & McKeever, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 26 E Simpson Street Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): ALETA A SPANGLER 26 E Simpson Street Mechanicsburg, PA 17055 ROBERT F SPANGLER JR 26 E Simpson Street Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: ALETA A SPANGLER 26 E Simpson Street Mechanicsburg, PA 17055 ROBERT F SPANGLER JR 26 E Simpson Street Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 e P.O. Box 2675 ' Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 ROBERT. J. BLAZINA, TRUSTEE OF MARTIN M. SACKS & ASSOCIATE 40 Geisel Road Harrisburg, PA 17112 FULTON BANK 1695 State Street P.O Box 432 East Petersburg, PA 17520 G.H HARRIS ASSOCIATION P.O. Box 216 Dallas, PA 18612 COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024 SONAL K. PATEL 6563 New Providence Drive Harrisburg, PA 17111 CUMBERLAND COUNTY ADULT PROBATION 1 Courthouse Square Carlisle, PA 17013 PINNACLE HEALTH HOSPITALS P.O. Box 11848 Harrisburg, PA 17108 JOAN FREY 160 GLENDALE ROAD HARRISBURG, PA 17112 JAMES A. BOYTIM 160 GLENDALE STREET HARRISBURG, PA 17112 MADER DRYWALL INC. 164 12th Street New Cumberland, PA 17070 STILES R. MADER AND MADER DRYWALL INC. 164 12th Street New Cumberland, PA 17070 4. Name and address of the last recorded holder of every mortgage of record: RONNIE L. SCOTT 345 Mount Zion Road Dillsburg, PA 17019 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: June 28, 2010 --ImbAk GOLDBECK cCAFFERTY & McKEEVER BY: TINAMA IIE BOSCHETTI 10-3376 CIVIL GOLDBECK McCAFFERTY & McKEEVER BY: ivI chael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff ABFS 1998-2 TRUST 190 Lawrence Bell Drive Suite,104 Buffalo, NY 14221 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW VS. ALETA A SPANGLER ROBERT F SPANGLER JR Mortgagor(s) and Record Owner(s) 26 E Simpson Street Mechanicsburg, PA 17055 ACTION OF MORTGAGE FORECLOSURE Defendants; Term No. 10-3376 CIVIL, THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SPANGLER, ALETA A. ALETA A SPANGLER 26 E Simpson Street Mechanicsburg, PA 17055 Your house at 26 E Simpson Street, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, December 08, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $100,576.92 obtained by ABFS 1998-2 TRUST 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 cancelled if you pay to ABFS 1998-2 TRUST, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 10-3376 CIVIL rb You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: httn://www.12hiladelphiafed.org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 10-3376 CIVIL Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website hLtp://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@aoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 88488FC. Para informacon en espanol puede communicarse con Loretta al 215-825-6344. v ALL THAT lot of ground situated on the South side of Bast Simpson street in .the second ward of the Hovough of Mechanicsburg, county of cumberland and State of penneyivat?ia, bounded and described as fOllows, to wit: SESII XM at a point on the building line of said Bast Simpson Street, at the corner. of property formerly of Irene Stough: thence along said property of Irene Stough, Southward one hundred thirty-two 1132) feet to a twenty (20) foot alley; thence Eastward along said alley, sixty-eight (691 feet to a point at corner of property formerly of O. H. Aulthouse., thence along said property of O. H. Aulthouse, Northward one hundred thirty-two (332) feet to a point on the building line of said East Simpson street; thence along the building line of said Street, Westward sixty-eight (68) .feet to a point, the place of e»#IMa=. NOW IlOM= by a two and one-half (2/12) start' frame dwelling house numbered 26 Bast Simpson Street, Mechanicsburg, Pennsylvania, and office building at 29 ng 8ast Simpson street, Mechaniasburg, Pennsylvania. BEING THE SAME PREMISES by deed from Robert F. Spangler, Jr. and Aleta A. McNamara, now by marriage Aleta A- Spangler Dated: 12/4/96 and recorded: 12/11/96 in book 150 page 428 GRANTED AND CONVEYED UNTO ROBERT F. SPANGLER JR. AND ALETA A. SPANGLER, HUSBAND AND WIFE. BEING KNOWN AS 26 E. SM1PS0N STREET TAX PARCEL NO: 17-23-0565-063 10-3376 CIVIL GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff ABFS 1998-2 TRUST 190 Lawrence Bell Drive Suite 104 Buffalo, NY 14221 Plaintiff vs. ALETA A SPANGLER ROBERT F SPANGLER JR Mortgagor(s) and Record Owner(s) 26 E Simpson Street Mechanicsburg, PA 17055 Defendant(s) Term No. 10-3376 CIVIL THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SPANGLER, JR., ROBERT F. ROBERT F SPANGLER JR 26 E Simpson Street Mechanicsburg, PA 17055 Your house at 26 E Simpson Street, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, December 08, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $100,576.92 obtained by ABFS 1998-2 TRUST 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 cancelled if you pay to ABFS 1998-2 TRUST, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL. ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 10-3376 CIVIL 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www. hip •ladelphiafed.orp-/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 10-3376 CIVIL Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org,/consumers/homeowners/real.4Wx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionngoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 8848817C. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT lot of ground situated on the south side of Seat Simpson Street in the Second ward of the BoXOugh Of NOcbaniesburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BWMXM at a point on the building line of said Last Simpson Street, at the corner. of property formrly of Irene StOUgh; thence along said property of Irene Stough, Southward one hundred thirty-'taro (132) feet to a twenty (20) foot alley; thence Eastward along said alley, sixty-tight (691 feet to a point at corner of property formerly of O. K. Aulthousel thence along said property of O. g. Aulthouse, Northward one hundred thirty-two (132) feet to a point on the building line of said East Simpson Street; thence along the building line of maid street, Westward sixty-eight (60) feet to a point, the place of BSGXMa 4. NOW IMPROM by a two and one-half (2/121 story frame dwelling house numbered 26 Bast Simpson Street, Mechanicsburg, Pennsylvania, and Office building at 29 fast Simpson Street, Nechanicsburg, Pennsylvania. BEING THE SAME PREMISES by deed from Robert F. Spangler, Jr. and Aleta A. McNamara, now by marriage Aleta A. Spangler Dated: 12/4/96 and recorded: 12/11/96 in book 150 page 428 GRANTED AND CONVEYED UNTO ROBERT F. SPANGLER JR. AND ALETA A. SPANGLER, HUSBAND AND WIFE. BEING KNOWN AS 26 E. SIMPSON STREET TAX PARCEL NO: 17-23-0565-063 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N010-3376 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABFS 1998-2 TRUST Plaintiff (s) From ALETA A. SPANGLER AND ROBERT R. SPANGLER JR. (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$100,576.92 L.L.$.50 Interest FROM 06/29/2010 TO DATE OF SALE PER DIEM AT $15.58 Atty's Comm % Due Prothy $2.00 Atty Paid $194.50 Other Costs Plaintiff Paid Date: July 2, 2010 (Seal) Deputy REQUESTING PARTY: Name DAVID FEIN, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER, SUITE 5000 - MELLON INDEPENDENCE CENTER, 701 MARKET STREET, PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 82628 On September 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA, Known and numbered as, 26 E Simpson Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: Last-Ae Coordin o "?,he Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE z4f PNow you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 1'1.... . . .......?:.ti-wor This ad ran on the date(s) shown below: Sworn to a id sy bscribed before mp this.10 dp 6,d November, 2010 A.D. Notary Public COMMONWEALP-1 of PENNSYLVANIA Notarial Seal Sherrie L. Kisner, Notary Pub! s Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 201A 10/15/10 10/22/10 10/29/10 MemhPr. Pennsv've,i?; Assocletnr• of Not-i•- 2070.3376 CW Tian AM '# Vs Robert F. SptrWw, Jr. A tob A. sp*Ww Atty: Mial - NkK"~ ALL THAT LOT OF GROUND SITUATED ON THE SOUTH SIDE OF EAST SIMPSON STREET IN THE SECOND WARD OF THE BOROUGH OF MECHANICSOLTIRG, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS TO WIT. BEGINNING AT A -POINT ON THE BUILDING LINE OF SAID EAST SIMPSON STREE'L AT THE CORNER OF PROPERTY FORMERLY OF IRENE STOUGH; THENCE ALONG SAID PROPERTY OF IRENE STOUGH; THENCE ALONG SAID PROPERTY OF IRENE STOUGH, SOUTHWARD ONE HUNDRED THIRTY-TWO (132) FEET TO A TWENTY (20) FOOT ALLEY; THENCE EASTWARD ALONG SAID ALLEY, SIXTY-EIGHT (68) FEET TO A POINT AT A CORNER OF PROPERTY FORMERLY OF O.H. AULTHOUSE; THENCE ALONG SAID PROPERTY OF O.H. AULTHOUSE, NORTHWARD ONE-HUNDRED THUM- TWO (132) FEET TO A POINT ON THE BUILDING LINE OF SAID EAST SIMPSON MEET THENCE ALONG THE BUILDING LINE OF SAID STREET, WESTWARD SIXTY-EIGHT (68) FEET TO A POII+1`I; THE PLACE OF BEGINNING. NOW IMPROVED BY A TWO AND ONE•HALF (2 1/2) STORY FRAME DWELLING HOUSE NUMBERED 26 EAST SIMPSON STR13E'l; MECHANICSBURG PENNSYLVANIA, AND OFFICE BUILDING AT 28 EAST SIMPSON STREE L MP.CHANICSBURG PENNSYLVANIA. BEING THE SAME PREMISES BY DEED FROM ROBERT F. SPANGIER, JR. AND ALETA A. MCNAMARA, NOW BY MARRIAGE Aim A. SmiGim DATED IZ%% RECORDED 121JIrAM IN BOOR 150 PAGE 4Z 4AMM AND OFi 4EYED UNTO R F. XMI06M JR. AND ALM A. SPANGLER, HUSBAND AND WIFE. BEING KNOWN AS 26 E. SIMPSON STREET TAX PARCEL NO: 17-23-0565-063 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 22, October 29, and November 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r Lisa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 5 da of November, 201 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 26, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-3376 Civil TAX PARCEL NO: 17-23-0565- 063. ABFS 1998-2 Trust VS. Robert F. Spangler, Jr. Aleta A. Spangler Atty.: Michael McKeever ALL THAT LOT of ground situated on the south side of East Simpson Street in the Second Ward of the Borough of Mechanicsbuirg, County of Cumberland and State of Penn- sylvania, bounded and described as follows to wit: BEGINNING at a point on the building line of said East Simpson Street, at the corner of property for- merly of Irene Stough; thence along said property of Irene Stough; thence along said property of Irene Stough, southward one hundred thirty-two (132) feet to a twenty (20) foot alley; thence eastward along said alley, sixty-eight (68) feet to a point at a corner of property formerly of O.H. Aulthouse; thence along said prop- erty of O.H. Aulthouse, northward one-hundred thirty-two (132) feet to a point on the building line of said East Simpson Street; thence along the building line of said street, west- ward sixty-eight (68) feet to a point, the place of BEGINNING. NOW IMPROVED by a two and one-half (2 l/ 2) story frame dwelling house numbered 26 East Simpson Street, Mechanicsburg, Pennsylva- nia, and office building at 28 East Simpson Street, Mechanicsburg Pennsylvania. BEING the same premises by deed from Robert F. Spangler, Jr. and Aleta A. McNamara, now by marriage Aleta A. Spangler dated 12/04/96 recorded 12/11/2006 in Book 150 Page 428 granted and conveyed unto Robert F. Spangler Jr. and Aleta A. Spangler, husband and wife. BEING KNOWN AS 26 E. SIMP- SON STREET. 113 k PRAECIPE FOR WRIT OF EXECUTION- (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 KML Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106-1532 215-627-1322 —AIIQmey for Plaintiff ABFS 1998-2 TRUST 190 Lawrence Bell Drive Suite 104 .Buffalo,NY 14221 IN THE COURT OF COMMON PLEAS Plaintiff vs. of Cumberland County ALETA A SPANGLER CIVIL ACTION—LAW ROBERT F SPANGLER JR ACTION OF MORTGAGE FORECLOSURE Mortgagor(s)and Record Owner(s) 26 E Simpson Street Mechanicsburg,PA 17055 Defendant(s) No. 10-3376 CIVIL ..O:K ZZ MCD 5r w PRA ECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: t"t_ CD 4 <CD Issue Writ of Execution in the above matter: ate• � " �C C C;) Amount Duel+ ' Interest from $100,576.92 06/29/2010 to Date of Sale per diem at $15.58 (Costs to be added) � ��. S� PA �.1. (00. 60 �f By: KM Cl. f0 t� Michae cKee r Pa.ID 56129 0 O61 w Jay E.Kivitz Pa.ID 26769 l a. QC) Lisa Lee Pa. ID 78020 xi Kristina Murtha Pa.ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa.ID 27615 Joshua I. Goldman Pa.205047 0q.' t ' a a gill P.Jenkins Pa.ID 306588 �� ') Attorneys for Plaintiff � �d No. 10-3376 CIVIL IN THE COURT OF COMMON PLEAS ABFS 1998-2 TRUST vs. ALETA A SPANGLER and ROBERT F SPANGLER JR (Mortgagor(s)and Record Owner(s)) 26 E Simpson Street Mechanicsburg,PA 17055 PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) KML Law Group,P.C. Attorney for Plaintiff KML Law Group,P.C. Suite 5000—BNY Independence Center 701 Market Street Philadelphia,PA 19106-1532 215-627-1322 Imo,'' ALL THAT Lot Of Ground Situated On The South Side Of East Simpson Street In The Second Ward Of The Borough Of Mechanicsburg, County Of Cumberland And State Of Pennsylvania., Bounded And Described As Follows, To Wit: BEGINNING At A Point On The Building Line Of Said East Simpson Street, At The Comer Of Property Formerly Of Irene Stough; Thence Along Said Property Of Irene Stough, Southward One Hundred Thirty-Two(13 2)Feet To A Twenty(20) Foot Alley; Thence Eastward Along Said Alley, Sixty-Eight(68)Feet To A Point At Comer Of Property Formerly Of O. H. Aulthouse; Thence Along Said Property Of O. H. Aulthouse,Northward One Hundred Thirty-Two (132)Feet To A Point On The Building Line Of Said East Simpson Street; Thence Along The Building Line Of Said Street, Westward Sixty-Eight(68) Feet To A Point, The Place Of'BEGINNING. NOW IMPROVED By A Two And One-Half(21L2) Story Frame Dwelling House Numbered 26 East Simpson Street, Mechanicsburg, Pennsylvania. And Office Building At 28 East Simpson Street, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES Which Robert F. Spangler,Jr. And Aleta A. Mcnamara,Now By Married As Aleta A. Spangler, By Deed Dated 12/0411996 And Granted 12/11/1996 In The Recorder's Office Of Cumberland County, Granted And Conveyed Unto Robert F. Spangler Jr. And Aleta A. Spangler, Husband And Wife. BEING KNOWN AS 26 E. SIMPSON STREET TAX PARCEL NO: 17-23-0565-063 KML Law Group,P.C. Suite 5000—BNY Independence Center 701 Market Street Philadelphia,PA 19106-1532 215-627-1322 Attorney for Plaintiff ABFS 1998-2 TRUST 190 Lawrence Bell Drive Suite 104 IN THE COURT OF Buffalo,NY 14221 COMMON PLEAS Plaintiff VS. of Cumberland County ALETA A SPANGLER CIVIL ACTION-LAW ROBERT F SPANGLER JR Mortgagor(s) and Record Owner(s) ACTION OF 26 E Simpson Street MORTGAGE FORECLOSURE Mechanicsburg,PA 17055 Defendant(s) NO. 10-3376 CIVIL CERTIFICATION AS TO THE SALE OF REAL PROPERTY Plaintiff, by counsel,hereby certifies that it has complied with the provisions of Act 91 of 1983 and/or the real property in question is not subject to the Act. By: KML LAW geever P.C.Michael M c ID 56129 Jay E.Kivitz Pa.ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa.205047 Jill P.Jenkins Pa.ID 306588 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ABFS 1998-2 TRUST Plaintiff VS. ALETA A SPANGLER NO. 10-3376 CIVIL ROBERT F SPANGLER JR Defendant(s) VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group,P.C., as the representative for the Plaintiff in the above entitled matter,does hereby state to the best of his/her information and belief,as follows: 2. That an inquiry has been made with the Defense Manpower Data Center ("DMDC") website operated by the United States Department of Defense(httas://www.dmdc.osd.mil/appj/scra/scraHome do) for the following individual(s): ALETA A SPANGLER, has a last known residence of 26 E Simpson Street, Mechanicsburg, PA 17055. The following information was used to search the DMDC (check all that apply): Last Name -X First Name –X Social Security Number 3. The DMDC search results, a copy of which is attached, states that based on the information provided, the DMDC does not possess any information indicating that the individual is on active duty or has been on active duty within the last 367 days. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. C.S.A.4PO4 r lating to unsworn falsification to utho ies. Date By:_ KML LAW C 0 C. Michael to Pa. ID 156129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61.858 —David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay Kivitz Pa. 1D 26769 Andrew Gornall Pa. ID 92382 Joshua I. Goldman Pa. ID 205047 Salvatore Filippello Pa. ID 313897 ill P. Jenkins Pa. ID 306588 Alyk L.Oflazian Pa. ID 312912 Attorneys for Plaintiff Department of Defense Manpower Data Center Results as of:May-01-2013 02:41:06 SCRA 10 Status Report Pursuant to SeTivicemembers,Civil Relief Aa Last Name: SPANGLER First Name: ALETA Middle Name: A Active Duty Status As Of: May-01-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status service compoinerit NA No NA This espons,,effeZlhe-.,iv du6fs'aWve dirtysiatu_s based own xtte Active D ty Status Date Left Active Duty Wittin 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NAii NA This response reflects where th'individual leftat�t'N ctiviJ Duty Status Date :;6�_d;ys precedj'r� j The Member or HisJHer Unit Was Notified of a Future Call-Up to Active Duty an Active Duty Status Date Order Notification Start Date Order Notification End Date status Service Component NA VANA 4 notifica' to report for active duty This response reflects whether it tiisftii7un;r�.�r� jo: > Z_�Oata,Center-, ed on the information that you provided,the above is the status of ba§ Upon searching the data banks of the Department of Defense Manpower � � rt the individual on the active duty status date as to aft 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. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. r* Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://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(0 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: A20091BC80E2Z30 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ABFS 1998-2 TRUST Plaintiff VS. ALETA A SPANGLER NO-10-3376 CIVIL ROBERT F SPANGLER JR Defendant(s) VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMEBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group,P.C., as the representative for the Plaintiff in the above entitled matter,does hereby state to the best of his/her information and belief,as follows: 2. That an inquiry has been made with the Defense Manpower Data Center ("DMDC") website operated by the United States Department of Defense(https://www.dmdc.osd.mil/appi/scra/scraHome.do) for the following individual(s): ROBERT F SPANGLER JR,has a last known residence of 26 E Simpson Street, Mechanicsburg, PA 17055. The following information was used to search the DMDC (check all that apply): • Last Name • First Name • Social Security Number 3. The DMDC search results, a copy of which is attached, states that based on the information provided, the DMDC does not possess any information indicating that the individual is on active duty or has been on active duty within the last 367 days. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. C.S.A.49 4 r dating to unswom falsification to uthoriti Date By:_ KML LAW .-C. Michael Keever Pa. ID 56129 Lisa Lee Pa.ID 78020 Kristina Murtha Pa. ED 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay Kivitz Pa. ED 26769 Andrew Gornall Pa. ID 92382 Joshua I. Goldman Pa. ID 205047 Salvatore Filippello Pa. ID 313897 )Qill P.Jenkins Pa. ID 306588 Alyk L.Oflazian Pa. ID 312912 Attorneys for Plaintiff m��*.��xn�cm Department of Defense @WanpoVverData Center SCx^3o Pursuant to Service-members Civil Relief Act. ` Last Name: SPANGLER First Name: ROBERT Middle Name: F Active Duty Status AS Of: May-01-2013 On Active Duty On Active Duty Status Date Active Duty Stan Date Active Outy End Date status service coniporient Left Active Duty Wahin 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date status Service Component This response reflects 41--114"!i" tallu�wq�(q*36;.'�;ys precedi;th;A' 'uty Status Date The Member or His/Her Unit Was Notified of a Futwe Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA P�l This response reflects wW"e t��ii�IZ7��hKftZ-ucnft—tw—asr—ec�ei'ved 4�noti4c=to report for active duty Upon searching the data banks of the Department of Defense lvlanp��rc�ata center7b;ged 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. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AwINDIVIDUAL. A 4W � / Mary M.Snavely-Dixon,Director Department o/Defense Manpower Data Center 4mm Mark Center Drive,Suite cwc2o Arlington,w^2zoxo The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. in the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.miP"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 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: H245R1 FC40E2ZC0 1 KML Law Group,P.C. Suite 5000—BNY Independence Center 701 Market Street Philadelphia,PA 19106-1532 215-627-1322 Attorney for Plaintiff ABFS 1998-2 TRUST 190 Lawrence Bell Drive IN THE COURT OF COMMON PLEAS Suite 104 Buffalo,NY 14221 of Cumberland County Plaintiff vs. ALETA A SPANGLER CIVIL ACTION-LAW ROBERT F SPANGLER JR (Mortgagor(s) and Record Owner(s)) ACTION OF MORTGAGE FORECLOSURE 26 E Simpson Street Mechanicsburg,PA 17055 Defendant(s) No. 10-3376 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 ABFS 1998-2 TRUST,Plaintiff in the above action,by counsel,KML Law Group,P.C., sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 26 E Simpson Street Mechanicsburg,PA 17055 LName and address of Owner(s)or Reputed Owner(s): ALETA A SPANGLER 26 E Simpson Street Mechanicsburg,PA 17055 ROBERT F SPANGLER JR 26 E Simpson Street Mechanicsburg,PA 17055 2.Name and address of Defendant(s)in the judgment: ALETA A SPANGLER 26 E Simpson Street Mechanicsburg,PA 17055 ROBERT F SPANGLER JR 26 E Simpson Street Mechanicsburg,PA 17055 3.Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE-Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O.Box 2675 Harrisburg,PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle,PA 17013 ROBERT.J.BLAZINA,TRUSTEE OF MARTIN M. SACKS&ASSOCIATE 40 Geisel Road Harrisburg,PA 17112 FULTON BANK 1695 State Street P.O Box 432 East Petersburg,PA 17520 G.H HARRIS ASSOCIATION P.O.Box 216 Dallas,PA 18612 COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano,TX 75024 SONAL K.PATEL 6563 New Providence Drive Harrisburg,PA 17111 CUMBERLAND COUNTY ADULT PROBATION I Courthouse Square Carlisle,PA 17013 PINNACLE HEALTH HOSPITALS P.O.Box 11848 Harrisburg,PA 17108 JOAN FREY 160 GLENDALE ROAD HARRISBURG,PA 17112 JAMES A.BOYTIM 160 GLENDALE STREET HARRISBURG,PA 17112 MADER DRYWALL INC. 164 12th Street New Cumberland,PA 17070 STILES R.MADER AND MADER DRYWALL INC. 164 12th Street New Cumberland,PA 17070 JAMES A.BOYTIM C/O THOMAS J. WEBER 320 Market Street P.O.Box 1268 Harrisburg,PA 17108 JOAN FREY C/O THOMAS J. WEBER 320 Market Street P.O.Box 1268 Harrisburg,PA 17108 WEBER ROBERT.J.BLAZINA,TRUSTEE OF MARTIN M. SACKS&ASSOCIATE C/O THOMAS J. 320 Market Street P.O.Box 1268 Harrisburg,PA 17108 STILES R.MADER AND MADER DRYWALL INC. c/o Robert L. O'Brien 19 West South Street Carlisle,PA 17013 PINNACLE HEALTH HOSPITALS C/O ROBERT D.KODAK 407 North Front Street P.O.Box 11848 Harrisburg,PA 17108 4.Name and address of the last recorded holder of every mortgage of record: RONNIE L. SCOTT 345 Mount Zion Road Dillsburg,PA 17019 5.Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6.Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7.Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS AND OCCUPANTS 26 E. SIMPSON STREET MECHANICSBURG,PA 17055 1 verify that the statements made in this affidavit are true and correct to the best of my information and belief.I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relatin to unsworn falsification'to author ies. g DATED: By: KML L C. Michael cKeever Pa. ID 56129 Jay E.Kivitz Pa.ID 26769 Lisa Lee Pa.ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa.ID 27615 Joshua L Goldman Pa.205047 Lill P.Jenkins PaAD 306588 Attorneys for Plaintiff 10-3376 CIVIL KML Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106 (215)627-1322 Attorney for Plaintiff ABFS 1998-2 TRUST 190 Lawrence Bell Drive IN THE COURT OF COMMON PLEAS Suite 104 Buffalo,NY 14221 of Cumberland County Plaintiff CIVIL ACTION-LAW VS. ALETA A SPANGLER ACTION OF MORTGAGE ROBERT F SPANGLER JR FORECLOSURE Mortgagor(s) and Record Owner(s) 26 E Simpson Street Mechanicsburg,PA 17055 Docket No. 10-3376 CIVIL Defendant(s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT.THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SPANGLER,ALETA A. ALETA A SPANGLER 26 E Simpson Street Mechanicsburg,PA 17055 Your house at 26 E Simpson Street,Mechanicsburg,PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday,September 04,2013,. at 10:00 AM,in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$100,576.92 obtained by ABFS 1998-2 TRUST 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 cancelled if you pay to ABFS 1998-2 TRUST,the back payments,late charges, costs and reasonable attorney's fees due.To find out how much you must pay call our office at 215-825-6329 or 1-866-41.3-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment,if the judgment was improperly entered.You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. •4 t.w r 10-3376 CIVIL 4. You may need an attorney to assert your rights.The sooner you contact one,the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped,your property will be sold to the highest bidder.You may find out the price bid price by calling the Sheriff of 71.7-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.To find out if this has happened,you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale never happened. S. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer.At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house.A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty(30)days from the date of the Sheriffs Sale.This schedule will state who will be receiving that money.The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong)are filed with the Sheriff within ten(10)days after the schedule of distribution is filed. 7. You may also have other rights and defenses,or ways of getting your house back,if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: hqp://www.philadelphiafed.orWforeclosure YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 10-3376 CIVIL Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender(and our client)has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff(your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout/Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@,kmllawgroLip.com.com. Call Seth at 215-825-6329 or fax 215-825- 6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 88488FC. Para information en espanol puede communicarse con Loretta al 215-825-6344. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION ABFS 1998-2 TRUST 190 Lawrence Bell Drive Tenn Suite 104 No. 10-3376 CIVIL Buffalo,NY 14221 Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE ALETA A SPANGLER ROBERT F SPANGLER JR 26 E Simpson Street Mechanicsburg,PA 17055 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALETA A SPANGLER AND ROBERT F SPANGLER JR Your house (real estate) at(address)26 E Simpson Street Mechanicsburg, PA 17055 is scheduled to be sold at Sheriff's Sale on(date): (time): 10:00 a.m. (place of sale): Commissioners Hearing Room-2nd floor, Cumberland County Courthouse to enforce the court judgment of$100,576.92, obtained by the judgment creditor against you. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 10-3376 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due ABFS 1998-2 TRUST Plaintiff(s) From ALETA A.SPANGLER,ROBERT F.SPANGLER,JR. (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: $100,576.92 L.L.: Interest FROM 6/29/2010 TO DATE OF SALE PER DIEM AT$15.58 Atty's Comm: Due Prothy: $2.25 Atty Paid:$1,044.46 Other Costs: Plaintiff Paid: Date:5/6/13 David D.Buell,Prothonotary (Sea!) C Deputy REQUESTING PARTY: Name: JILL P.JENKINS,ESQUIRE Address:KML LAW GROUP,P.C. SUITE 5000-BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA,PA 19106-1532 Attorney for:PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No,306588 10M LAW GROUP,P.C. P,1; 88488FC Suite 5000 ; ,!J CF:05/20/2010 BNY Mellon Independence Center H 0 R y SD:09/04/2013 701 Market Street ( * $100,576.92 Philadelphia,PA 19106-1532 13giG 16 PH 24 22 215-627-1322 i"IUM ERLA1140 otjvfy Attomev for Plaintiff ENNSYlLikfJJ�. I ABFS 1998-2 TRUST IN THE COURT OF COMMON PLEAS 190 Lawrence Bell Drive Suite 104 of Cumberland County Buffalo,NY 14221 Plaintiff CIVIL ACTION—LAW vs. ALETA A SPANGLER ACTION OF MORTGAGE FORECLOSURE ROBERT F SPANGLER JR Term Mortgagor(s)and No. 10-3376 CIVIL Record Owner(s) 26 E Simpson Street Mechanicsburg, PA 17055 Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P.3129.2(c)(2) Veronica Cosme,an employee of KML Law Group,P.C., counsel of Plaintiff,hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: X Personal Service by the Sheriffs Office/competent adult(copy of return attached). Certified mail by KML Law Group,P.C. (original green Postal return receipt attached). Certified mail by Sheriffs Office. Ordinary mail by KML Law Group,P.C.to Attorney for Defendant(s)of record(proof of mailing attached). Acknowledgment of Sheriffs Sale by Attorney for Defendant(s)(proof of acknowledgment attached). Ordinary mail by Sheriffs Office to Attorney for Defendants)of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. Premises was posted by Sheriffs Office/competent adult(copy of return attached). Certified Mail&ordinary mail by Sheriffs Office(copy of return attached). Certified Mail &ordinary mail by KML Law Group,P.C. (original receipt(s)for Certified Mail attached). Published in accordance with court order(copy of publication attached). Pursuant to the Affidavit under Rule 3129(copy attached),service on all lienholders(if any)has been made by ordinary mail KML Law Group,P.C. (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 Pa. C.S.A. Section 4904. Res pect-f6fly submjtt ' &Y: Veronica Cosme Legal Assistant Name and Address of Sender Check type of mail or service, Affix Stamp Here KML LAW GROUP, P.C. (if Issued asa i SUITE 5000 ❑ Certified ❑ Recorded Delivery(International) cerf lcate of mailing, ❑ COD ❑ Registered or for additional copies 701 MARKET STREET + - ❑ Delivery Confirmation ❑ RetumReceiptforMerchandlse of this bill) PHILADELPHIA, PA ❑ Express Mail ❑ Signature Confirmatfon Postmark and o ANONWO. 19106-1532 0 Insured Date of Recei t Arficle Number Aftessee(Nafm Street City,State,&Z/Pcode) Postage Fee Handling AI ++Q — is Charge if. $ OU00 1• PA DEPARTMENT OF PUBLIC WELFARE- Bureau of Child Support Enforcement MAILED FROM MAY 16 2013 PP MAILED.FROMaIPDODE 19x108 Health and Welfare Bldg.-Room 432 !i P.O.Box 2675 I_.._.....__ j 2. yQ5 Stir DOMESTIC RELATIONS OF CUMBERLAND COUNTY MQY 1 b 2n13 PO Box 320 �! 3. Carlisle,PA 17013 ROBERT.J.BLAZINA, TRUSTEE OF MARTIN M. SACKS&ASSOCIATE Dead 4• Hanisbufg,PA 17112 if?• FULTON BANK 1695 State Street 4 5. x East Petersburg,PA 17520 G.H HARRIS ASSOCIATION ? P.Q. Box V6 6. Dallas, PA 18612 COUNTRYWIDE HOME LOANS INC. ;h 7105 Corporate Drive P7XB:35 7 Plano, TX 75024 SONAL K.PATEL 6563 New Providence Drive 8. erns urg, PIA 7 17 7 CUMBERLAN NTYADULT PROBATION 9 Courthouse re Total Number ofPlace Total Number of Pieces Postmaster,Per( me o eiving employee) LlstedbySender Received at Post Office See Privacy Act Statement on Reverse PS Form 3877,February 2002(Page 1 of 2) omplete by Typewriter,Ink,or Ball Point Pen 88488FC Cumberland County Sale Date:0910412013 /✓� ! ALETA A SPANGLER&ROBERT F SPANGLER JR Page 1 of 3 ; Name and Address of Sender Check type of mail or service; Affix Stamp Here ' SUI TE 5000 LAW GROUP, P.C., ❑ Certified ❑ Recorded Delivery(international) ccertificateofmailing, SUITE ❑ coo ❑ Registered or for additional copies 701 MARKET STREET ❑ Delivery Confirmation ❑ Return Receipt for Merchandise of this bill) PHILADELPHIA, PA ❑ Express Mail ❑ Signature Confirmation Postmark and I 1� 19106-1532 ❑ Insured Date of Receipt �ifB i Article Number Addressee(Name Sreet Gly,State&27P Code) Postage Fee Handling Q- RR /►"'3, Fee 1• - PINNACLE HEALTH HOSPITALS ` , � �� P.O.Box 11848 02 iM $ 03.60°- Harrisburg,PA 17108 0004285957 NIAY16 2013 —A lia MAILFDFROMSIP690B 19106 L, 2' 160 GLENDALE ROAD PS rfN y six ' HARRISBURG,PA 17112 J N JAMES A.BOYTIM MAY +i 3. 160 GLENDALE STREET HARRISBURG,PA 17112 tic MADER DRYWALL INC. A 11 pA, 4. New Cumberland, PA 17070 STILES R.MADER AND MADER DRYWALL INC. 5. 164 12th S et ? New Cumberland, PA 17070 h JAMES A.B0YTIM C/O THOMAS J. WEBER 320 Market Street 6. P.O.Box 1268 Harrisburg,PA 17108 JOAN FREY C/O THOMAS J. WEBER q P.O.Box 1268 Harrisburg, PA 17108 ROBERT.J.BLAZINA, TRUSTEE OF MARTIN 8. J. WEBER 320 Market Street I P.O.Box 126 Total Number of Plece Total Number of Pieces Postmaster,Per(N o ceiving employee), Listed bySender IVY I Received at Post Office See Privacy Act Statement on Reverse �o PS Form 3877,February 2002(Page 1 of 2) Umplete by Typewriter,Ink,or Ball Point Pen it 88488FC Cumberland County Sale Date:0910412013 a, ALETA A SPANGLER&ROBERT F SPANGLER JR Sri S ;!!! Page 2 of 3 '''' Name and Address of Sender Check type of mail or service, Affix Stamp Here KML LAW GROUP, P.C. (If issued asa SUITE 5000 ❑ Certified ❑ Recorded Delivery(International) certincateofmading, r-- 701 MARKET STREET ❑ COD El Registered or for additional copte� 1 PHILADELPHIA PA 11 Delivery Conflrmation El Return Receipt for Merchandise of this bill) I pggr ❑ Express Mail ❑ signature ConrInnation Postmark and 9106-1532 ❑ Insured o Date of Rece ( ay ��• r•�• +... i Handi ! , A RR rticle Number Addressee(Nara Stns;oty,State,&DP Code) Postage Fee Fee 1 RONNI L. SCO 02 04 $ 01• i 345 106L nt Zion Rod i 0004285957 MAY16 2013 STILES R.MADER AND MADER DRYWALL Dillsbu ,PA 1701 MAILED FROM ZIP€ADE 1910 6 i+ INC. - 2. 19 West South Street TENAN -SAND O CUPAN s t 5Q CONT NF ! Carlisle,PA 17013 26 E. SI,WPSON S REST J sT�>tioti•�• i MECHA ICSBUR ,PA 17055 PINNACLE HEALTH HOSPITALS C/O ROBERT 3. D.KODAK 407 North Front Street P.O. Box 11848 ?_ Harrisburg, PA 17108 IA PA h, 4. i 5. is 6. 7. 8. ;M h Total Number of Pieces Total Number of Pieces Postmaster r(Na a of receiving employee) Vii; der Listed by Sen Received at Post Office T! Privacy Act Statement on Reverse I'; PS Form 3877,February 2002(Page 1 of 2) Complete by Typewriter,Ink,or Ball Point Pen Iii, 88488FC Cumberland County Sale Date: 0910412013 ALETA A SPANGLER&ROBERT F SPANGLER JR Page 3 of 3 1' t Name and Address of Sender Check type of mail or service; Affix Stamp Here KML LAW GROUP, P.C. (If issued as a SUITE 5000 ❑ Certified ❑ Recorded Delivery(International) certificate of mailing, tEg ❑ COD ❑ Registered or for additional copies c� 701 MARKET STREET ❑ Delivery Confirmation ❑ Return Receipt for Merchandise of this bill) PHILADELPHIA, PA ❑ Express Mail ❑ Signature Confirmation Postmark and 19106-1532 ❑ Insured Date of Receipt a @"Tray BOWES Article Number Addressee(Name,Street,City,State,&ZIP Code) Postage Fee Ha Trig 02 1M +P Q�.4�0 R 0004285357 JUL 22 2013 COMMONWEALTH OF PA DEPARTMENT OF REVENUE S MAILED FROM ZIPCODE 191o6 Bureau of Compliance Dept 280948 ',= Harrisburg,PA 17128 Y 2. COMMONWEALTH OF PA DEPARTMENT OF REVENUE _ Bureau of Compliance 'n Harrisburg,PA 17128 a�pH A PA 910 3. 4. 5. 6. 7. 8. Total Number of Pieces Total Number of Pieces Postmaster,Per N me of r ceiving employee) Listed by Sender Received at Post Office See Privacy Act Statement on Reverse PS Form 3877,February 2002(Page 1 of 2) Com lete by Typewriter,Ink,or Ball Point Pen 88488FC Cumberland County Sale Date: 09/04/20 ALETA A SPANGLER& ROBERT F SPANGLER JR IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA ABFS 1998-2 TRUST;et seq. CASE and/or DOCKET No.: 10-3376 CIVIL Plaintiff(Petitioner) Sheriffs Sale Date:9/4/2013 V. ALETA A SPANGLER;et al. Defendant(Respondent) AFFIDAVIT OF SERVICE 0 Complaint ElSummons 2 Other:NOTICE OF SALE 1,RYAN MARKS,certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of party,and that I served ROBERT F SPANGLER JR the above process on the 31 day of July,2013,at 3:40 o'clock,PM,at 426 SOUTH YORK STREET MECHANICSBURG,PA 17055,County of Cumberland,Commonwealth of Pennsylvania: Manner of Service: By handing a copy at the residence of the Defendant(s)to an adult member of the family with whom he/she resides or to the adult person in charge of the residence because no adult family member was found* By handing a-copy at the residence of the Defendant(s)to the clerk or manager of the hotel,inn,apartment house or other place of lodging at which he/she resides* By handing a copy at the office or usual place of business of the Defendant(s)to the Defendanfs(s')agent or to the per'son for the time being in charge thereof Name:ASHLEY BOWMAN Relationship/Title/Position:Co-Resident Remarks: Description:Approximate Age U-Z Height 5566 Weight 170 Race BLACK Sex FEMAI Flair BLOND Military Status: ZNo ❑Yes Branch; Commonwealth/State of tk SS: County of r$c e8d Before me,the undersigned notary pub P4*1�lday,personally,appeared to me known,who being duly sworn according to I de p thp Zfi lowing: I hereby swear or affir that fzl set forth in the foregoing Affidavit of Service are(rue and correct, S, Subscribed and sworn to bqfaram ign0u'telof Affiant) this I day of 2,D__q File Numbcr-8 98FC Case ID#:3720290 CjlN-ll�40r4VXAUFH OF Notary Public Notarial Seal Eric M.AMerbach,Notary Public Washlngton'fWp.,Berks County My C*Qrnmlssion EVires Nov.13,2013 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff _.... Jody S Smithtiz".at%si.ui�,crd Chief Deputy Richard W Stewart Solicitor ABFS 1998-2 Trust vs. Case Number Robert F. Spangler,Jr. (et al.) 2010-3376 SHERIFF'S RETURN OF SERVICE 06125/2013 04:07 PM-Deputy Jason Kinsler, 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 26 E.Simpson Street, Mechanicsburg Borough, Mechanicsburg, PA 17055,Cumberland County. 06/25/2013 04:07 PM-Deputy Jason Kinsler, 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 Aleta A. Spangler at 26 E.Simpson Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County. SHERIFF COST:$936.31 SO ANSWERS, July 29,2013 RbNW R ANDERSON,SHERIFF i�;!:ouni_rSudc-u!.r.-Y;,'ehcsoit !..r,. KML LAW GROUP,P.C. Suite 5000—BNY Mellon Independence Center 701 Market Street Philadelphia,PA 19106 215-825-6320 Attorney for Plaintiff ABFS 1998-2 TRUST IN THE COURT OF COMMON PLEAS 190 Lawrence Bell Drive Suite 104 of Cumberland County Buffalo,NY 14221 Plaintiff CIVIL ACTION-LAW VS. ALETA A SPANGLER ACTION OF MORTGAGE FORECLOSURE ROBERT F SPANGLER JR Mortgagor(s)and Record Owner(s) Term 26 E Simpson Street No. 10-3376 CIVIL Mechanicsburg,PA 17055 Defendant(s) SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 ABFS 1998-2 TRUST,Plaintiff in the above action,by and through an authorized employee of its attorneys,KML Law Group,P.C., sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 26 E Simpson Street Mechanicsburg,PA 17055 1.Name and address of Owner(s)or Reputed Owner(s): ALETA A SPANGLER 26 E Simpson Street Mechanicsburg,PA 17055 ROBERT F SPANGLER JR 426 South York Street Mechanicsburg,PA 17055 2.Name and address of Defendant(s)in the judgment: ALETA A SPANGLER 26 E Simpson Street Mechanicsburg,PA 17055 ROBERT F SPANGLER JR 426 South York Street Mechanicsburg,PA 17055 3.Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE-Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O. Box 2675 Harrisburg,PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle,PA 17013 ROBERT.J. BLAZINA, TRUSTEE OF MARTIN M. SACKS &ASSOCIATE 40 Geisel Road Harrisburg,PA 17112 FULTON BANK 1695 State Street P.O Box 432 East Petersburg,PA 17520 G.H HARRIS ASSOCIATION P.O. Box 216 Dallas,PA 18612 COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano,TX 75024 SONAL K. PATEL 6563 New Providence Drive Harrisburg,PA 17111 CUMBERLAND COUNTY ADULT PROBATION 1 Courthouse Square Carlisle,PA 17013 PINNACLE HEALTH HOSPITALS P.O. Box 11848 Harrisburg,PA 17108 JOAN FREY 160 GLENDALE ROAD HARRISBURG,PA 17112 JAMES A. BOYTIM 160 GLENDALE STREET HARRISBURG,PA 17112 MADER DRYWALL INC. 164 12th Street New Cumberland,PA 17070 STILES R. MADER AND MADER DRYWALL INC. 164 12th Street New Cumberland,PA 17070 JAMES A.BOYTIM C/O THOMAS J. WEBER 320 Market Street P.O. Box 1268 Harrisburg,PA 17108 JOAN FREY C/O THOMAS J. WEBER 320 Market Street P.O.Box 1268 Harrisburg,PA 17108 ROBERT.J. BLAZINA, TRUSTEE OF MARTIN M. SACKS &ASSOCIATE C/O THOMAS J. WEBER 320 Market Street P.O. Box 1268 Harrisburg,PA 17108 STILES R. MADER AND MADER DRYWALL INC. c/o Robert L. O'Brien 19 West South Street Carlisle, PA 17013 PINNACLE HEALTH HOSPITALS C/O ROBERT D. KODAK 407 North Front Street P.O. Box 11848 Harrisburg,PA 17108 COMMONWEALTH OF PA DEPARTMENT OF REVENUE Bureau of Compliance Dept 280948 Harrisburg,PA 17128 COMMONWEALTH OF PA DEPARTMENT OF REVENUE Bureau of Compliance Dept 281230 Harrisburg, PA 17128 4.Name and address of the last recorded holder of every mortgage of record: RONNIE L. SCOTT 345 Mount Zion Road Dillsburg,PA 17019 5.Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6.Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 4 7.Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS AND OCCUPANTS 26 E. SIMPSON STREET MECHANICSBURG,PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: August 14,2013 zg� /'1ZMf Law Group,P.C. BY: Veronica Cosme Legal Assistant l 2 3 ABFS 1998-2 TRUST ) IN THE COURT OF COMMON PLEAS ) Of Cumberland County 4 190 Lawrence Bell Drive Ste 104 } CIVIL ACTION -LAW 5 Buffalo NY 14221 } _ } ACTION OF MORTGAGE c°) 6 Plaintiff, ) FORECLOSURE �� } rn CO -r 7 vs. ) Docket No 10-3376 CIVIL tnt— a 8 ALETA A SPANGLER tCi �r 9 ROBERT F SPANGLER JR, 10 Defendant .. 11 12 DEFENDANT'S PETITION TO POSTPONE SHERIFF'S SAFE OF REAL PROPERTY 13 Party Filing Petition: 14 1. Our names are Robert F Spangler Jr and Aleta A Spangler, the 15 defendant Borrowers in this foreclosure case_ 16 2. We own.the property in this foreclosure case which is located at 26 E 17 Simpson St Mechanicsburg, PA 18 3. Aleta A Spangler resides at 26 E Simpson St Mechanicsburg PA 19 4. Robert F Spangler Jr resides at 426 S York St Mechanicsburg PA 20 5. The Sheriff's Sale in this matter is currently scheduled for 21 September 4, 2013, according to the court papers, or September 25, 22 2013, according to Plaintiff's attorney's paperwork (Exhibit "A") 23 Reason Why Sheriff's Sale should be postponed: 24 1.We are currently in negotiations with Lender for a workout package, 25 the fourth such attempt. 26 2. Defendants dispute the balance due. Plaintiff will not provide full 27 Accounting to verify their balance and have' ignored requests from the I 28 Pennsylvania Department of Banking, the Better Business Bureau and the [Pleading Title] 1 1 Pennsylvania Office of the Attorney General (Exhibit "B-) 2 3. Correspondence from the attorney for the plaintiff lists a 3 Sheriff Sale date of September 25, 2013. 4 4. According to correspondence in the possession of the defendants, 5 The mortgage in question is held by SRP Funding Trust 2011-5 6 and not the named plaintiff. We 7 Have no knowledge of the plaintiff named in this suit, nor their 8 legal right to attempt to foreclose on it. 9 5. Defendant Robert F Spangler, Jr does not reside at the address 10 Of the property in question and has never received the original 11 complaint nor any of the notifications required by law. 12 13 If granted a postponement, We will do the following with the additional time: 14 Continue to pursue the workout agreement with the lender, and list the 15 property for sale with a realtor. 16 We also request that the court order plaintiff to prove ownership and full 17 Accounting for the balance that they claim is owed. 18 19 RULES OF SERVICE 20 1 understand that I must present proof of service at the hearing. I must 21 provide immediately a complete copy of the motion package documents to 22 Plaintiff's counsel by a method which proves that it was served, such as the 23 following: 24 -Hand delivery at the office of the Plaintiff's counsel, 25 -Fax the Petition with confirmation that it was received, 26 -Deliver the Petition by overnight courier service (Federal 27 Express, UPS, or US Postal Service Express Mail) 28 [Pleading Title] 2 KML.LAW GROUP,P.C. BlNY Independence Center,sum swo "MVA0%*sue PhilWelphia,PA 19106-1532 www.kmilaw-aroun corn July 5.2013 LOAN RESOLUTION PACKAGE ALETA A SPANGLER ROBERT F SPANGLER JR 26 E Simpson Street Mechanicsbw&PA 17055 ABFS 1998-2 TRUST Loan No: 0005000833 Name ALETA A SPANGLER and ROBERT X SPANGLER JR Attorn r e Number. FC. Sale- : 9/25/2013 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMA'T'ION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. We urge You to contact your own attorney.We represent the lender who is foreclosing on the mortgage and we are not permitted to represent yon or provide you with any legal or financial advice. There are some options available to homeowners to avoid foreclosure,such as: • Frhll reinstatement or full payoff of the loan • A repayment/forbearance/loan workout arrangement • A mortgage modification • Short sale,short payoff • Deed in lieu of foreclosure (See page 2 for an explanation of these alternatives.) Please provide a written request,which includes the reason that the mortgage has not been paid,a proposal to carne the default and a completed Emanc-ial disclosure form,which is enclosed.The lender requires proof of income(such as:copies of filed tax return and/or recent pay stubs).We strongly recommend you send your complete workout package/proposal and supporting documents to our Home Retention Department and to the mortgage company.Please see the last page for the required documents.Please confirm our receipt Please be advised that you must contact the lender/servicer directly at 1,86&919-SW to ensure that they have all the required documents necessary to complete their review and to follow-up on your request anti you receive an answer.Please keep us updated on the status of your resolution efforts, questions or concerns. We are -not authorized to place the foreclosure matter on .hold. Please be advised that the 1 88488FC 1r ';�'' OFRCEOFAMUN YQgNERAL Bwtvw or Ekarr" 15th moor, a - Harrisburg, Penny &7"- Robert Spangler C_ Shmasna Strom.:_ ec aai�, P 17055 Re-- AMS Servicing, LLC _ BCP 11--05-00128'7 Bear Mr..,.Spsangler: p 7 _..,_.. 33...x: - Pi^f31f�`d�lw"�io atte aA JMS Servicing, L&C tbro ati-an- Our - - eftortis incixoied a review of oraiat-ion you provided to art�� relevant background infoxnation, ?getters to the business and o1dz communications with the _ Despite these efforts wee heme so to resolve this matter and have reached an inpasse_ Further attompts-,!Fnat mediation old not be productive_ We regret that we are unable to proceed further with thisiauat-VE!mmmn your behalf_ Baaever, thence axe other options available to you=. Sf -d clog decide to pursue this s complaint, ym may wish to consul.( an attd3mmeippmifzfli a compla.iimt %-Ith yaur magisterial district judge_ lfacgisterlal.-U;� ,'x�r-�- c:onrts duo have restrictJL-<ms ou the aunt of money that be.;x such acts ons_ we have ear osec9 relevant - an these m your review- if the amount at -issue in your cr,,,ompl aint is limit, private legal counsel may be able to file an action on rrrdDdhMA fi� the Conart. of Comman Pleas_ A copy of your complaint will amain an file for p�sssSla�el�^° -r+eferenc e_ On behalf of the Office of Attorney General, than3n&ygpofcE:3r bringing this matter to our attention. Karen L. Wil ldil iswxm Agent Mi Enclosure 26A I'his'Pefi-d0nisvcifiedbymf-- I and tEmd tird tbe stakmmt 3n-�`�s pun are re true and conmt to the best ofnanc .infiativn and belitE ursd sbkmx unswom Prmt Ytrctr'Name Ix -C )61jk—gr emmv E z(p e, s; :-A s+ . PA PA 0 21, ; 3�§-'7y To one ber Vk YOU C be R -z by,&-oa=,arpjamtiTs emmsel ABFS 1998-2 TRUST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW ALETA A. SPANGLER and ROBERT F. SPANGLER, JR., Defendants NO. 10-3376 CIVIL TERM DEFENDANTS' PETITION TO POSTPONE SHERIFF'S SALE OF REAL PROPERTY ORDER OF COURT AND NOW, this P day of September,,2013, upon consideration of Defendants' Petition To Postpone Sheriffs Sale of Real Property, and the Plaintiff having continued the Sheriffs Sale until November 6, 2013, at 10:00 a.m., in the Cumberland County Courthouse, Carlisle, Pennsylvania, Defendant's Petition is deemed moot. BY THE COURT, Christylee L. Peck, J. "FS Trust 190 Lawrence Bell Drive Suite 104 Buffalo, NY 14221 ,,..J'Aleta A. Spangler U0, es- Mal LL 26 E. Simpson Street F C"3 Mechanicsburg, PA 17055 9AIJ Defendant, pro Se mco C/) obert F. Spangler, Jr. P.O. Box 291 Mechanicsburg, PA 17055 K-C) Defendant,pro Se Cumberland County Sheriffs Office —Aet4d WzVVV"/ .rc SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff � �rofLiiirar j i 1i E Jody S Smith Chief Deputy f 1-2 Richard W Stewart Solicitor oF.FfeEog_�E s.rERIF .t e a . �;5 .� I.,t.'i t PENNSYLVANIA ABFS 1998-2 Trust vs. Case Number Robert F. Spangler, Jr. (et al.) 2010-3376 SHERIFF'S RETURN OF SERVICE- 06/25/2013 04:07 PM - Deputy Jason Kinsler, 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 26 E. Simpson Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County. 06/25/2013 04:07 PM -Deputy Jason Kinsler, 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: Aleta A. Spangler at 26 E. Simpson Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County. 09/03/2013 As directed by Michael McKeever, Attorney for the Plaintiff, Sheriff's Sale Continued to 11/6/2013 11/04/2013 As directed by Michael McKeever, Attorney for the Plaintiff, Sheriff's Sale Continued to 1/8/2014 12/30/2013 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: $704.32 SO ANSWERS, December 30, 2013 RONNK ANDERSON, SHERIFF c 66 495 ;'cu- vSuite SP.eriif,T'.ie- c't.to-. LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2010-3376 Civil Term ABFS 1998-2 TRUST vs. ROBERT F. SPANGLER,JR., Aleta A. Spangler Atty.: Michael McKeever IMPROVEMENTS consist of a residential dwelling. BEINOPREMISES:26 E Simpson Street,Mechanicsburg,PA 17055. SOLD as the property of ALETA A SPANGLER and ROBERT F SPAN- GLER JR. TAX PARCEL#17-23-0565-063. 111 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952,been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz_: July 26, August 2 and August 9, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this da of Au.ust 2013 _4 - / , (. 4: 'dt Notary vii ',;)1ARIAI_ SEAL DEBC)"A.hi A COLLINS Notary P blic CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 261,2014 The Patriot-News Co. . 1900 Patriot Drive e patriotmXews Mechanicsburg, PA 17050 Inquiries - 717-255-8213 Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: 07/28/13 2010-3376 chill Term 08/04/13 ABFS 1998-2 TRUST 08/11/13 ROBERT vs.ERT R SPANGLER,JR. 1, 4t • Aleta A.Spangler Atly: Michael McKeever IMPROVEMENTS consist of a residential dwelling. p,war to and subscribed I:i - ° his 23 day of Au•ust, 2013 A.D. BEING PREMISES:26 E Simpson Street Mechanicsburg,PA 17055 , SOLD as the property of ALETA A p ! �► I SP GLER and ROBERT F SPANGLER piA ci __i A !�Ii JR .tary Public II TAX PARCEL#17-23-0565-063 1` COMMONWEALTH OF PENNSYLVANIA 1VOtariai.Bead Holly Lynn wade/,Notary Public Washington Twp,,Dauphin County My Commission Expires Dec.12,2016 Mz NtriFR,PE.4 N:;YLVANIA ASSOCIATION OF NOTARIES 4 KML Law Ciroup,'P.C. Suite 5000—BNY Independence Center 701 Market Street Philadelphia,PA 19106-1532 215-627-1322 Attorney for Plaintiff ABFS 1998-2 TRUST 190 Lawrence Bell Drive IN THE COURT OF COMMON PLEAS Suite 104 Buffalo,NY 14221 of Cumberland County Plaintiff vs. CIVIL ACTION-LAW ALETA A SPANGLER ROBERT F SPANGLER JR (Mortgagor(s) and Record Owner(s)) ACTION OF MORTGAGE FORECLOSURE 26 E Simpson Street Mechanicsburg,PA 17055 Defendant(s) No. 10-3376 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 ABFS 1998-2 TRUST,Plaintiff in the above action,by counsel,KML Law Group,P.C.,sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 26 E Simpson Street Mechanicsburg,PA 17055 1.Name and address of Owner(s)or Reputed Owner(s): ALETA A SPANGLER 26 E Simpson Street Mechanicsburg,PA 17055 ROBERT F SPANGLER JR 26 E Simpson Street Mechanicsburg,PA 17055 2.Name and address of Defendant(s)in the judgment: ALETA A SPANGLER 26 E Simpson Street Mechanicsburg,PA 17055 ROBERT F SPANGLER JR 26 E Simpson Street Mechanicsburg,PA 17055 3.Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE-Bureau of Child Support Enforcement Health and Welfare Bldg.-Room 432 P.O.Box 2675 Harrisburg,PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle,PA 17013 ROBERT.J.BLAZINA,TRUSTEE OF MARTIN M. SACKS&ASSOCIATE 40 Geisel Road Harrisburg,PA 17112 FULTON BANK 1695 State Street P.O Box 432 East Petersburg,PA 17520 G.H HARRIS ASSOCIATION P.O.Box 216 Dallas,PA 18612 COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano,TX 75024 SONAL K.PATEL 6563 New Providence Drive Harrisburg,PA 17111 CUMBERLAND COUNTY ADULT PROBATION 1 Courthouse Square Carlisle,PA 17013 PINNACLE HEALTH HOSPITALS P.O.Box 11848 Harrisburg,PA 17108 JOAN FREY 160 GLENDALE ROAD HARRISBURG,PA 17112 JAMES A.BOYTIM 160 GLENDALE STREET HARRISBURG,PA 17112 MADER DRYWALL INC. 164 12th Street New Cumberland,PA 17070 STILES R MADER AND MADER DRYWALL INC. 164 12th Street New Cumberland,PA 17070 JAMES A.BOYTIM C/O THOMAS J.WEBER 320 Market Street P.O.Box 1268 Harrisburg,PA 17108 JOAN FREY C/O THOMAS J.WEBER 320 Market Street P.O.Box 1268 Harrisburg,PA 17108 1 r ROBERT.J.BLAZINA,TRUSTEE OF MARTIN M. SACKS&ASSOCIATE C/O THOMAS J. ' WEBER 320 Market Street P.O.Box 1268 Harrisburg,PA 17108 STILES R MADER AND MADER DRYWALL INC. c/o Robert L.O'Brien 19 West South Street Carlisle,PA 17013 PINNACLE HEALTH HOSPITALS C/O ROBERT D.KODAK 407 North Front Street P.O.Box 11848 Harrisburg,PA 17108 4.Name and address of the last recorded holder of every mortgage of record: RONNIE L. SCOTT 345 Mount Zion Road Dillsburg,PA 17019 5.Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6.Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7.Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS AND OCCUPANTS 26 E. SIMPSON STREET MECHANICSBURG,PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my information and belief.I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom acli falsification to autho ies. DATED: Ad Li ii ilt _ V3 By: KML L•I fl'', '.C. Michael •cKeever Pa.ID 56129 Jay E.Kivitz Pa.ID 26769 Lisa Lee Pa.ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa.ID 27615 Joshua I.Goldman Pa.205047 Viill P.Jenkins Pa.ID 306588 Attorneys for Plaintiff 10-3376 CIVIL KML Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106 (215)627-1322 Attorney for Plaintiff ABFS 1998-2 TRUST 190 Lawrence Bell Drive IN THE COURT OF COMMON PLEAS Suite 104 Buffalo,NY 14221 of Cumberland County Plaintiff CIVIL ACTION-LAW vs. ALETA A SPANGLER ACTION OF MORTGAGE ROBERT F SPANGLER JR FORECLOSURE Mortgagor(s)and Record Owner(s) 26 E Simpson Street Mechanicsburg,PA 17055 Docket No. 10-3376 CIVIL Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT.THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SPANGLER,ALETA A. ALETA A SPANGLER 26 E Simpson Street Mechanicsburg,PA 17055 Your house at 26 E Simpson Street,Mechanicsburg,PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, September 04,2013,at 10:00 AM,in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$100,576.92 obtained by ABFS 1998-2 TRUST 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 cancelled if you pay to ABFS 1998-2 TRUST,the back payments,late charges, costs and reasonable attorney's fees due.To fmd out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered.You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 10-3376 CIVIL 4. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped,your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened,you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer.At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house.A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty(30)days from the date of the Sheriffs Sale.This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong)are filed with the Sheriff within ten(10)days after the schedule of distribution is filed. 7. You may also have other rights and defenses,or ways of getting your house back,if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 LEGAL SERVICES NC 8 Irvine Row Carlisle,PA 17013 717-243-9400 10-3376 CIVIL Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender(and our client)has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff(your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout/Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention @kmllawgroup.com.com. Call Seth at 215-825-6329 or fax 215-825- 6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 88488FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 1 0-33 76 CIVIL KMIL Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106 (215)627-1322 Attorney for Plaintiff ABFS 1998-2 TRUST 190 Lawrence Bell Drive IN THE COURT OF COMMON PLEAS Suite 104 Buffalo,NY 14221 of Cumberland County Plaintiff CIVIL ACTION-LAW vs. ALETA A SPANGLER ACTION OF MORTGAGE ROBERT F SPANGLER JR FORECLOSURE Mortgagor(s)and Record Owner(s) 26 E Simpson Street Mechanicsburg,PA 17055 Docket No. 10-3376 CIVIL Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT.THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SPANGLER,JR.,ROBERT F. ROBERT F SPANGLER JR 26 E Simpson Street Mechanicsburg,PA 17055 Your house at 26 E Simpson Street,Mechanicsburg,PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday,September 04,2013,at 10:00 AM,in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$100,576.92 obtained by ABFS 1998-2 TRUST 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 cancelled if you pay to ABFS 1998-2 TRUST,the back payments,late charges, costs and reasonable attorney's fees due.To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment,if the judgment was improperly entered.You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. • 10-3376 CIVIL 4. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale.(See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriff's Sale is not stopped,your property will be sold to the highest bidder.You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened,you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff;you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer.At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house.A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty(30)days from the date of the Sheriffs Sale.This schedule will state who will be receiving that money.The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong)are filed with the Sheriff within ten(10)days after the schedule of distribution is filed. 7. You may also have other rights and defenses,or ways of getting your house back,if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 • ' 10-3376 CIVIL Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender(and our client)has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff(your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout/Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention @kmllawgroup.com.com. Call Seth at 215-825-6329 or fax 215-825- 6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 88488FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT Lot Of Ground Situated On The South Side Of East Simpson Street In The Second Ward Of The Borough Of Mechanicsburg, County Of Cumberland And State Of Pennsylvania., Bounded And Described As Follows, To Wit: BEGINNING At A Point On The Building Line Of Said East Simpson Street, At The Corner Of Property Formerly Of Irene Stough; Thence Along Said Property Of Irene Stough, Southward One Hundred Thirty-Two (132) Feet To A Twenty(20)Foot Alley; Thence Eastward Along Said Alley, Sixty-Eight(68) Feet To A Point At Corner Of Property Formerly Of O. H. Aulthouse; Thence Along Said Property Of O. H. Aulthouse,Northward One Hundred Thirty-Two (132) Feet To A Point On The Building Line Of Said East Simpson Street; Thence Along The Building Line Of Said Street, Westward Sixty-Eight(68)Feet To A Point, The Place Of BEGINNING. NOW IMPROVED By A Two And One-Half(2/L2) Story Frame Dwelling House Numbered 26 East Simpson Street, Mechanicsburg, Pennsylvania. And Office Building At 28 East Simpson Street, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES Which Robert F. Spangler, Jr. And Aleta A. Mcnamara,Now By Married As Aleta A. Spangler, By Deed Dated 12/04/1996 And Granted 12/11/1996 In The Recorder's Office Of Cumberland County, Granted And Conveyed Unto Robert F. Spangler Jr. And Aleta A. Spangler, Husband And Wife. BEING KNOWN AS 26 E. SIMPSON STREET TAX PARCEL NO: 17-23-0565-063 SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 26 E Simpson Street Mechanicsburg, PA 17055 SOLD as the property of ALETA A SPANGLER and ROBERT F SPANGLER JR TAX PARCEL#17-23-0565-063