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HomeMy WebLinkAbout10-6423O THE FILEQ- P0Tif40t OFFICE Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. ROBERTA E. CLEWELL 106 WEST GREEN STREET MECHANICSBURG, PA 17055-6251 Defendant File #: 252593 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 16- uu$ CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 2010 OCT 12 AM 10': CUMBERLAND CCt1RTy PENNSYLVANIA 252593 a? cP 00- ao* \ C'\?" ""Aul Cat, 0 V11, NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 252593 1. Plaintiff is BAC HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERTA E. CLEWELL 106 WEST GREEN STREET MECHANICSBURG, PA 17055-6251 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/30/2007 ROBERTA E. CLEWELL made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FLORIDA CAPITAL BANK, N.A. DBA FLORIDA CAPITAL BANK MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200745910. By Assignment of Mortgage recorded 12/01/2008 the mortgage was assigned to COUNTRYWIDE HOME LOANS, INC. which Assignment is recorded in Assignment of Mortgage Instrument No. 200838339. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 252593 5. 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $79,882.99 Interest $10,785.57 11/01/2008 through 10/08/2010 (Per Diem $15.2554) Attorney's Fees $650.00 Late Charges through 10/08/2010 $582.78 Costs of Suit and Title Search $550.00 Escrow Deficit $2,758.82 Subtotal $95,210.16 Suspense Credit 134.75 TOTAL $95,075.41 7 8 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. The mortgage premises are vacant and abandoned. File #: 252593 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $95,075.41, together with interest from 10/08/2010 at the rate of $15.2554 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. HALLINAN & SCHMIEG, LLP r Ai In n By: ? Vawrence T. P el , Esq., Id. No. 32227 ? rancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 252593 LEGAL DESCRIPTION ALL THAT CERTAIN unit designated as Unit I1-31, Building I, before a condominium unit in Geneva Place, a condominium, located in Upper Allen Township, Cumberland County, Pennsylvania, which unit is located on the Floor, Building I, as designated in the Declaration of Condominium recorded October 5, 1983, in the Office of the Recorder of Deeds for Cumberland County in Misc. Book 289, Page 929, and in the Declaration Plans as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 44, Page 62. Said Unit being known and numbered as 1003-31 Nanroc Drive. PROPERTY ADDRESS: 1003 NANROC DRIVE, UNIT 31, MECHANICSBURG, PA 17055-4480 PARCEL # 42-24-0792-042A-U100331 File #: 252593 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: 161611d A omey f Plaintiff File #: 252593 C SHERIFF'S OFFICE OF CUMBERLAND COUNTYmw .mod.'r o rq Ronny RAnderson wr- F r?I Sheriff -<> ?,ItiLC Ot lrififi??+ r ?? ".0 t3 C:) , Jody S Smith -o -Tj Chief Deputy xq -- Richard W Stewart Solicitor OFF CP OF ..: , kIFF .7.) BAC Home Loans Servicing, LP Case Numbe r vs. 2010 ,02. U4 a 3 Roberta E Clewell SHERIFF'S RETURN OF SERVICE 10/21/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Roberta E. Clewell, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Roberta E. Clewell. Request for service at 106 W. Green Street, Shiremanstown, PA 17011 is vacant. 11/23/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Roberta E. Clewell, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Roberta E. Clewell. Request for service at 1003 Nanroc Drive, Unit 31, Mechanicsburg, PA 17055 the defendant was not found. The Mechanicsburg Postmaster has advised Deputies, Roberta E. Clewell's new address is 106 W. Green Street, Mechanicsburg, PA 17055. SHERIFF COST: $76.50 November 23, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ici Gou;tySuite Sheriff. TeleoSOtt. Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor i f CCT -7 P# IN 5YI.V,',H1.t BAC Home Loans Servicing, L.P. Case Number vs. 2010-6423 Roberta E Clewell SHERIFF'S RETURN OF SERVICE 10/05/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Roberta E. Clewell, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Roberta E. Clewell. Request for service at 119 N. Sporting Hill Road #R, Mechanicsburg, Pennsylvania 17050 is occupied by the Gustin family. The Gustin Family advised Deputies, they have resided at this location for one year and are current owners of this residence. SHERIFF COST: $38.00 October 05, 2011 ,ol GountySuAe t&enff. 1e100S0!t. In::. SO ANSWERS, RONI'V R ANDERSON, SHERIFF - .I Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 1617 JFK Boulevard, Suite 1400 10ERLANo COUNT'' q E 1't SYt VANIA ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff vs. ROBERTA E. CLEWELL Defendant CIVIL DIVISION : CUMBERLAND COUNTY No. 10-6423 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE ? -cos TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. By: Date: November 7, 2011 PHELAN HALL '& SCLIMIEG, LLP U Lawrence T n, Esq., Id. No. 32227 Francis S. I Id. No. 62695 ? Daniel G. Schmieg, Esq., d. No. 62205 ? Michele M. Bradford, Es ., Id. No. 69849 ? Judith T. Romano, Es d. No. 58745 ? Sheetal R: Shah-Jani sq., Id. No. 81760 ? Jenine R. Davey, sq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshu . dman, Esq., Id. No. 205047 ? enay R. D unn, n, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Cantwell, Esq., Id. No. 308912 ? Mario J. Hanyon, Esq., Id. No. 203993 ? Andrew Marley, Esq., Id. No. 312314 ? Robert W. Cusick, Esq., Id. No. 80193 Attorneys for Plaintiff /mig, Svc Dept. File# 252593 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy G?s???ir of 4u+nt?r?^r?rr?# FILED-OFFICE OF TIHE PROTH NOTIARY 2011 NOV 18 AIM 10- a 5 Richard W Stewart Solicitor OF t P -?-RI€F CUMBERLAND COUNTY PENNSYLVANIA BAC Home Loans Servicing, L.P. Case Number vs. 2010-6423 Roberta E Clewell SHERIFF'S RETURN OF SERVICE 11/15/2011 04:24 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on November 15, 2011 at 1624 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Roberta E. Clewell, by making known unto herself personally, at 106 W. Green Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its content; and at the same time handing to her personally the said true and correct copy of the same. 2 " I I& -, L' GERALD WORTH INGT DEPUTY SHERIFF COST: $38.00 November 16, 2011 {ci GcunrySUIte Sheriff. Teleosofl. In;;. SO ANSWERS, RON r R ANDERSON, SHERIFF M Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FILED-OF 1' 10t Attorney For Plaintiff OF THE PROTHONOTAR a nn t I nr^ -- AMII•1 5 BAC HOME LOANS SER ?#. ) Wf Common Pleas LP PENN YU NIA Plaintiff Civil Division vs ROBERTA E. CLEWELL Defendant CUMBERLAND County No. 10-6423 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP. Date: December 2?, 2011 By: d? I PHEL LLINAN & SCHMIEG, LLP Attorneys for Plaintiff Printed Name: Robert W. Cusick. Esq. Bar Id. No. 80193 PHS# 252593 Attorneys for Plaintiff W Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 F11 ED-OFFICE Attorney For Plaintiff OF THE PROTHONOTARY 't BAC HOME LOANS SERVIC LP PE Plaintiff % vs ROBERTA E. CLEWELL Defendant 9 AM11-' 15 A ftaff)Fommon Pleas Y VANIA Civil Division CUMBERLAND County No. 10-6423 PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P.. 2352 TO THE PROTHONOTARY: Kindly substitute Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based are as follows: Plaintiff BAC Home Loans Servicing, LP has merged with and into Bank of America, N.A. under the provisions of the National Bank Act. Bank of America, N.A. is successor by merger to BAC Home Loans Servicing, LP and, as a matter of federal law, is deemed to be the same company as BAC Home Loans Servicing, LP and all rights, franchises, and interests of BAC Home Loans Servicing, LP in and to every type of property (real, personal, and mixed) and choses in action are transferred to and vested in Bank of America, N.A., without any deed or other transfer. Accordingly, the name of the plaintiff has changed to Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP. Kindly amend the information on Date: December 2S, 2011 By: PHELAN, ALLINAN & SCHMIEG, LLP Attorneys for Plaintiff Printed Name: Robert W. Cusick, Esq. Bar Id. No. 80193 PHS# 252593 Attorneys for Plaintiff (Xt?? U$,Ob ?a at? ???? Ili?aSY )2-,ff- a?g?ob PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 BAC HOME LOANS SERVICING, LP Plaintiff V. ROBERTA E. CLEWELL Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-6423 CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe for substitution of party plaintiff to Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP was served by regular mail to the person(s) on the date listed below: ROBERTA E. CLEWELL 106 WEST GREEN STREET MECHANICSBURG, PA 17055-6251 Date: December 29. 2011 By: V PHE A , HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff Printed Name: Robert W. Cusick, Esq. Bar Id. No. 80193 PHS# 252593 Attorneys for Plaintiff 'L t?-OFFICE (= iE r'ROTNONOTAM PHELAN HALLINAN & SCHMIEG, LL1 Attorney for Plaintiff Sheetal R. Shah-Jani, Esq., Id. No.81760 2012 JA4 12 AM 10: 08 1617 JFK Boulevard, Suite 1400 11NTY One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP VS. ROBERTA E. CLEWELL 1?IpENNSYLOYANiA : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION No. 10-6423 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ROBERTA E. CLEWELL, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $95,075.41 Interest - 10/09/2010 to 01/05/2012 $6,925.95 TOTAL $102,001.36 aW s 1 ir.So Pa c ?J ) RW_ at9c? ,t Ma? I hereby certify that (1) the Defendant's last known addresses are 106 WEST GREEN STREET, MECHANICSBURG, PA 17055-6251 and 1003 NANROC DRIVE, UNIT 31, MECHANICSBURG, PA 17055-4480, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237 1. Date Attorney for P Sheetal R. Sh -Jani, Es uire DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 1?1%1 1a 4% too. W -!C -9 wo )JW PHS # 252593 PROTHONOTARY 252593 PHELAN HALLINAN & SCHMIEG, LLP Sheetal R. Shah-Jani, Esq., Id. No.81760 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP VS. ROBERTA E. CLEWELL Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-6423 AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant ROBERTA E. CLEWELL is over 18 years of age and resides at 106 WEST GREEN STREET, MECHANICSBURG, PA 17055-6251 and 1003 NANROC DRIVE, UNIT 31, MECHANICSBURG, PA 17055-4480. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswo falsification to authorities. Date )/J J J 1 qnJ R. Sha - i, Esq 're Attorney for Plain 252593 (Rule of Civil Procedure No. 236) - Revised BANK OF AMERICA, N.A. SUCCESSOR CUMBERLAND COUNTY BY MERGER TO BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS VS. CIVIL DIVISION ROBERTA E. CLEWELL No. 10-6423 Notice is given that a Judgment in the above captioned matter has been entered against you on 111alla, By: If you have any questions concerning this matter please contact: Sheetal R. Shah-Jani, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP V. ROBERTA E. CLEWELL Plaintiff Defendant(s) TO: ROBERTA E. CLEWELL 106 WEST GREEN STREET MECHANICSBURG, PA 17055-6251 DATE OF NOTICE: Z ZO COURT OF COMMON PLEAS CIVIL DTVISON NO. 10-6423 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WMIIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO I IIRE A LAWYER. THIS Of FICF MAY BE ,1131.E TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE .CARLISLE, PA 17013 (717) 249-3166 Za> Jo WCbli nilcE wire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 nHS x.252593 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP V. ROBERTA E. CLEWELL Plaintiff Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-6423 CUMBERLAND COUNTY TO: ROBERTA E. CLEWELL 1003 NANROC DRIVE, UNTT 31 MECHANICSBURG, PA 17055-4480 DATE OF NOTICE: ?- Lo.1 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRm TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUEIID`:TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF- YOU CANNOT :\t ft1t:1) 'I'{? IIIR1 I-A\k"Y]--R. THIS t')t l 1C'I MAY 131 .\131.1-- 'I'() PROVIDE YOU.W171-1 INFORMATION ABOUT AGENCIES THAT MAY OI=17 R L1.6A1'. Sl..R- VICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 JabTM-. =Mgi1-TwU re Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC COURT OF COMMON PLEAS HOME LOANS SERVICING, LP Plaintiff CIVIL DIVISION V. NO.: 10-6423 ROBERTA E. CLEWELL Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: C-) `' Amount Due $102,001.36 N =C ? rn Interest from 01/06/2012 to Date of Sale $2,601.00 ($17.00 per diem) r-- n TOTAL c $1 4 602.36 E5 l Note: Please attach description of property. PHS # 252593 g 00 II s 10 [)0 ,. () / rl 4 3? 6 d r? rt , . o 3 g) .010 PVan Hallinan & Schmieg, LLP %V1in Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff Q s #a8.50 J-p A7rj f 1 S" D u e Co ?0- e G s/i1Q17 I?sqga a'7lq 8y AE (,-')rf d °a U W O W O U O H W c 7 W O O ? V Cl1 ? ' ?, d` O pU U ?, O U HA U 1? ? A ?z d 3 ?y d U W? O° o W W ? 'a a, ao O o W a 7 vw r 00 00 O tr? O ra ? bcA F W w r? U '7 5 PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff v ROBERTA E. CLEWELL Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-6423 CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied (X) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. /, By: P Van Hattinan & Schmieg, LLP n Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff ? ca t1 rTi --= C r _.1 - °- BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff V. ROBERTA E. CLEWELL Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-6423 CUMBERLAND COUNTY PHS # 252593 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1003 NANROC DRIVE, UNIT 31, MECHANICSBURG, PA 170554480. Name and address of Owner(s) or reputed Owner(s): Name ROBERTA E. CLEWELL 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably n c ascertained, please so indicate) 3 -0 , - 106 WEST GREEN STREET Zrn - =0 ; M MECHANICSBURG, PA 17055-6251 Or i *C C T> c> y? CD Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) GENEVA APARTMENTS 500 GENEVA DRIVE MECHANICSBURG, PA 17055 J ZA Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 1003 NANROC DRIVE UNIT 31 MECHANICSBURG, PA 17055-4480 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 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.A. § 4904 relating to unsworn falsification to authorities, /J Date: Ozo 2 By: i W Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO BAC HOME LOANS SERVICING, LP : CIVIL DIVISION Plaintiff : : NO.:10-6423 VS. ROBERTA E. CLEWELL : CUMBERLAND C@JNt*,Y Defendant(s) -.u= N - _' NOTICE OF SHERIFF' S SALE OF REAL PROPERTY - ?, am - ` TO: ROBERTA E. CLEWELL c - , :z F, 106 WEST GREEN STREET _ CT MECHANICSBURG, PA 17055-6251 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 1003 NANROC DRIVE, UNIT 31, MECHANICSBURG, PA 17055-4480 is scheduled to be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $102,001.36 obtained by BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 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 215-563-7000. 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 the 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN unit designated as Unit II-31, Building I, before a condominium unit in Geneva Place, a condominium, located in Upper Allen Township, Cumberland County, Pennsylvania, which unit is located on the Floor, Building I, as designated in the Declaration of Condominium recorded October 5, 1983, in the Office of the Recorder of Deeds for Cumberland County in Misc. Book 289, Page 929, and in the Declaration Plans as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 44, Page 62. UNDER AND SUBJECT to all easements, reservations, restrictions and rights of way of record. TITLE TO SAID PREMISES VESTED IN Roberta E. Clewell, single woman, by Deed from S and E Real Estate, LLC., dated 11/13/2007, recorded 12/11/2007 in Instrument Number 200745909. PREMISES BEING: 1003 NANROC DRIVE, UNIT 31, MECHANICSBURG, PA 17055-4480 PARCEL NO. 42-24-0792-042A-U100331 .. SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-6423 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP vs. ROBERTA E. CLEWELL owner(s) of property situate in UPPER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1003 NANROC DRIVE, UNIT 31, MECHANICSBURG, PA 17055-4480 Parcel No. 42-24-0792-042A-U100331 (Acreage or street address) Improvements thereon: CONDOMINIUM JUDGMENT AMOUNT: $102,001.36 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2010-6423 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff (s) From ROBERTA E. CLEWELL (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$102,001.36 L.L.$.50 Interest FROM 01/06/2012 TO DATE OF SALE ($17.00 PER DIEM) - $2,601.00 Atty's Comm % Due Prothy $2.25 Atty Paid $320.00 Other Costs Plaintiff Paid Date: 3/1/2012 David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name JOHN MICHAEL KOLESNIK, ESQ. Address: PHELAN HALLINAN & SCHMIEG, LLP, 1617 JFK BOULEVARD, SUITE 1400, ONE PENN CENTER PLAZA, PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 JIB ?,•., ?v ?t'I Ct , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA, N.A. SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP Civil Division Plaintiff CUMBERLAND County V. ROBERTA E. CLEWELL Defendant No.: 10-6423 RULE AND NOW, this day of )&te-J- 2012, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. 252593 il Robert W. Cusick, Esq., Id. No.80193 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ?ROBERTA E. CLEWELL 106 WEST GREEN STREET MECHANICSBURG, PA 17055-6251 ?ROBERTA E. CLEWELL 119 N SPORTING HILL RD # R MECHANICSBURG, PA 17050-2454 (-Op i E'S m 0,d .31,,??j, 1/ROBERTA E. CLEWELL 1003 NANROC DRIVE UNIT 31 MECHANICSBURG, PA 17055-4480 V ROBERTA E. CLEWELL 1003 NANROC DR APT 31 MECHANICSBURG, PA 17055-4480 *"y, 6 252593 252593 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 A PR AM 9: 49 BANK OF AMERICA, MBE L45AWO? N.A. SUCCESSOR BY F'Pleas MERGER TO BAC HOME LOANS SERVICING, LP Civil Division Plaintiff CUMBERLAND County vs. No.: 10-6423 ROBERTA E. CLEWELL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's March 28, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. ROBERTA E. CLEWELL 106 WEST GREEN STREET MECHANICSBURG, PA 17055-6251 ROBERTA E. CLEWELL 119 N SPORTING HILL RD # R MECHANICSBURG, PA 17050-2454 ROBERTA E. CLEWELL 1003 NANROC DR APT 31 MECHANICSBURG, PA 17055-4480 ROBERTA E. CLEWELL 1003 NANROC DRIVE UNIT 31 MECHANICSBURG, PA 17055-4480 ROBERTA E. CLEWELL 106 W GREEN ST SHIREMANSTOWN, PA 17011-6517 DATE: By helan H linan & Schmieg, LLP Melissa J. Cantwell, Esquire Attorney for Plaintiff 252593 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, Plaintiff V. ROBERTA E. CLEWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-6423 CIVIL TERM IN RE: MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 24`h day of April, 2012, upon consideration of Plaintiff's Motion To Make Rule Absolute, and no answer to the Rule To Show Cause issued on March 27, 2012, having been filed, it is hereby ORDERED and DECREED that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion To Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $79,882.99 Interest through June 6, 2012 $19,754.41 Per Diem $15.01 Late Charges $397.35 Cost of Suit and Title $915.00 Property Inspections $330.00 Property Preservation $9.00 Mortgage Insurance Premium/ Private Mortgage Insurance $2,119.95 Escrow Deficit $4,130.45 -a= ,,, -+ Suspense/Misc. Credits 1,053.35) TOTAL $106,485.58 <a ` ` 4 y r-a BY THE COURT, Christylee 1J. Peck, J. ? Alison F. Wells, Esq. 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Attorney for Plaintiff V Roberta E. Clewell 106 West Green Street Mechanicsburg, PA 17055-6251 V Roberta E. Clewell 119 N. Sporting Hill RD #R Mechanicsburg, PA 17050-2454 ? Roberta E. Clewell 1003 Nanroc Drive Unit 31 Mechanicsburg, PA 17055-4480 V Roberta E. Clewell 1003 Nanroc Drive Apt. 31 Mechanicsburg, PA 170555-4480 Defendant, pro Se :rc ?G 41 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Fax 215-568-7616 KIM ZIELINSKI Legal Assistant, 1328 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 No.: 10-6423 Re: BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP VS. ROBERTA E. CLEWELL No.: 10-6423 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Dear Sir/Madam: Enclosed please find an Affidavit of Service Pursuant to Rule 3129.1 with the necessary attachments regarding the above matter. Thank you for your assistance in this matter. Should you have any questions, please do not hesitate to contact me. ***Please be advised that in the event the Plaintiff is not represented at the sale the sale is to be stayed or postponed.*** **Property is listed for the 06/06/2012 Sheriff Sale.** IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. Very truly yours, By: cc: Sheriff of CUMBERLAND County Phelan Hallinan & Schmieg, LLP KIM ZIELIN SKI, Legal Assistant i HE i 0TH'l0N0TAfLL 2012 MAY 14 AM 9: 1%zU CUMBERLAND COUNT Y" PENNSYLVANIA Representing Lenders in Pennsylvania and New Jersey PHS # 252593 PHELAN HALLMAN & SCHMIEG, LLP Attorney for Plaintiff Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A. SUCCESSOR BY CUMBERLAND COUNTY MERGER TO BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. No.: 10-6423 ROBERTA E. CLEWELL Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY 1 SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attache Exhibit "A". a he shwood, Esquire Atto or Plaintiff Date: L 7 V ?" IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 252593 j fS .. R III. g 4 . it : W .? O tl G ' ? L4 G o v,'R ? ?• O n ro rz 14 q 1n -7 12 • t / o er R . ? r m' o y ? y 7 ? A 3' W N C 0 a Z c .eve c?D "?' CL W CO R 1 0 N N ? z ? ? O Z 0 00 ? C/J (? y OO ? '? ? n ? W ? ? ?+ ?„j z til I(D as d'A° ??nn zokw? on r, . my C b r C L44 o 0 A o e H o o ? K "? f r 02 MAILED FROM 0 VA ,g I • PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff VS. ROBERTA E. CLEWELL Defendant t7 U3 o^v? k; 1 1 G_ r :fit i }-9 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-6423 MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, ROBERTA E. CLEWELL, by certified mail and regular mail to ROBERTA E. CLEWELL at, 1003 NANROC DRIVE, UNIT 31, MECHANICSBURG, PA 17055-4480 and posting 1003 NANROC DRIVE, UNIT 31, MECHANICSBURG, PA 17055-4480 and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for August 8, 2012. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 00 3. Attempts to serve Defendant, ROBERTA E. CLEWELL, with the Notice of Sale at the mortgaged premises, 1003 NANROC DRIVE, UNIT 31, MECHANICSBURG, PA 17055-4480, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A", no service was made as the mortgaged premises is vacant. Attempts to serve Defendant, ROBERTA E. CLEWELL, with the Notice of Sale at 119 N. SPORTING HILL ROAD, # R, MECHANICSBURG, PA 17050-2454, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A", no service was made as the Defendant does not reside at the said address. Attempts to serve Defendant, ROBERTA E. CLEWELL, with the Notice of Sale at 106 WEST GREEN STREET, MECHANICSBURG, PA 17055-6251, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A", no service was made as the Defendant does not reside at the said address. 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 5. Plaintiff contacted the Prothontary's Office and as of May 7, 2012, no Judge has previously entered a ruling in this case. 6. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed. Motion for Special Service and Order to the Defendant on May 7, 2012 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs May 7, 2012 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 7. Plaintiff submits that it has made a good faith effort to locate the Defendant, ROBERTA E. CLEWELL, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to ROBERTA E. CLEWELL at, 1003 NANROC DRIVE, UNIT 31, MECHANICSBURG, PA 17055-4480 and posting 1003 NANROC DRIVE, UNIT 31, MECHANICSBURG, PA 17055-4480. DATE: 1 rl-- Phelan Ha & Schmieg, LLP By: od, Esquire Mattw Maintiff Attorney PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, CUMBERLAND COUNTY LP COURT OF COMMON PLEAS Plaintiff VS. CIVIL DIVISION NO. 10-6423 ROBERTA E. CLEWELL Defendant PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure, Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P., Rule 3129.2 (c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the Notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402 (a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy of the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in the subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, ROBERTA E. CLEWELL, are unknown, a reasonable investigation of his/her last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriff's Return or Affidavit of Service of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs.Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the attached Affidavit of Return of Service, marked hereto as Exhibit "A", the Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to ROBERTA E. CLEWELL at, 1003 NANROC DRIVE, UNIT 31, MECHANICSBURG, PA 17055-4480 and posting 1003 NANROC DRIVE, UNIT 31, MECHANICSBURG, PA 17055- 4480 and by publication pursuant to PA.R.C.P. 3129.2. DATE: ?[/ 7)JeO- Phel in & Schmieg, LLP By: d, Esquire Matth w B eaintiff Attorney for PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff One Penn Center Plaza., Suite 1400 Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP : Plaintiff vs. ROBERTA E. CLEWELL Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-6423 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter was sent by first class mail, postage prepaid to the following interested parties on the date indicated below. ROBERTA E. CLEWELL 1003 NANROC DRIVE, UNIT 31 MECHANICSBURG, PA 17055-4480 DATE: l 7 Phelan Hallinan & Schmieg, LLP EXHIBIT "A" PLAINTIFF BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, IT DEFENDANT ROBERTA E. CLEWELL SERVE ROBERTA E. CLEWF.LL AT: 1003 NANROC DRIVE UNIT 31 MECHANICSBURG, PA 17055-4480 PHS # 252593 SERVICE TEAM/ Ixh COURT NO.: 10.6423 TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: June 6, 2012 SERVED Served and made known to ROBERTA E. CLEWELL, Defendant on the _ day of .20 at o'clock_. M., at in the manner described below: _ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of .Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business, an officer of said Defendant's company. Other: Description: Age Ileight Weight Race Sex __ __ Other I, , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sea 4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: p???,??rj NOT SERVED On th day of ! ?YT wrr , 20L, at $oa o'clock ?. M., Defendant NOT FOUND because: Vacant Does Not Exist Moved Does Not Reside (Not Vacant) No Answer on -at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn 1'uisittcai?<c?--?- authorities, BY: PRINTED NAME: _ ..,_. .Q_&.4 C.f? ? MOLL- ATTORNEY FOR PLAINTIFF' Lawrence T. Phelan, Esq., Id. No. 322'27 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 8,4439 Chrisovalante P. Fliskos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 AFFIDAVIT OF SERVICE (FHLMC) CUMBERLAND COUNTY PLAINTIFF BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP DEFENDANT ROBERTA E. CLEWELL, SERVE ROBERTA E. CLEWELL AT: 119 N SPORTING HILL RD # R MECHANICSBURG, PA 17050-2454 PHS # 252593 SERVICE TEAM/ Ixh COURT NO.: 10-6423 TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: June 6, 2012 SERVED Served and made known to ROBERTA E. CLEWELL Defendant on the _ day of , 20 , at , o Block _. M., at in the manner described below: - Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. - an officer of said Defendant's company. _ Oder: Description: Age __ Height _ Weight Race Sex ..._ ., Other I, a competent adult, hereby verify that I personally handed a hate and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: NOT SERVED On the 16D day of d t- 20 *-, at 6:30 o'clock 4? M., Defendant NOT FOUND because: Vacant Does Not Exist - Moved ? Does Not Reside (Not Vacant) No Answer on at._ Service Refused Other: 1 understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec, 4904 relating to unsworn falsification t orthes. BY, PRINTED NAME: _ Ronald 1% AFFIDAVIT OF SERVICE (FHLMC) CUMBERLAND COUNTY ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack. Esq., Id. No. 84439 Chrisovalante P, Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells. Esq.. Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 process Server Cheek List If Service Is Made: Spouses Names if Applicable Wife Husband : Divorced: Yes { ) No ! ) --------------------------------------- -------------- No_ServIc.e. Made 1. Vacant: Yes ( } No ( ?) 2. Is there a name on the mailbox? is it the defendants? .......... P,.F_srofwT 3. *e-j?' Contact: Yes { ?) No ! } ?G E+ yED ? Q-?til? / N ? Right Side:,. 4. For Sale Sign: Yes { ) Realtor Name : Company Name : Phone Number: 5. Car in Drive Way Yes Plate Number: No ( ?) No ! 1/? PLAINTIFF BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP DEFENDANT ROBERTA E. CLEWELL SERVE ROBERTA E. CLE WELL AT: 106 WEST GREEN STREET MECHANICSBURG, PA 17055-6251 SERVED PHS # 252593 SERVICE TEAM/ Ixh COURT NO.: 10-6423 TYPE OF ACTION XX Notice of Sheriffs Sate SALE DATE: June 6, 2012 Served and made known to ROBERTA E. CLEWELL, Defendant on the ^ day of 20- at O'clock_. M., at in the manner described below: _ Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s), A Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: Description: Age Height-- Weight Race Sex Other I, , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriff s_L& in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TPI'LE: NOT SERVED On the AV day of ...... 20J_I- at'1,5b o'clock t-. M., Defendant NOT FOUND because: _ Vacant _,_, Does Not Exist /Moved /Does Not Reside (Not Vacant) _ No Answer on at _ ; --- at _ Service Refused Other: I under tt tit this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn fafsiCcatir t c> a rarities(. BY: PRINTED NAME: Ronald Moll ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq„ Id. No. 94620 Courtenay R, Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 AFFIDAVIT OF SERVICE (FHLMC) CUMBERLAND COUNTY Process Server Check List If Service Is Made: Spouses Names if Applicable _ Wife: HUsba Divorced: Yes ( ) No No Service Made 1. Vacant: Yes ( ) No { ?) 2. Is there a name on the mailbox? Is it the defendants? Na 3. Neighbor Contact:Yes ( ? ) No { } 4T" TAi-.T '501m AOVV Left Side: ST Right Side: 4. For Sale Sign: Yes ( ) No ( 1/? Realtor Name: Company Name: Phone Number: S. Car in Drive Way Yes { ) No ( v) Plate Number: EXHIBIT 4B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 252593 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Roberta E. Clewell Property Address: 1003 Nanroc Drive, Unit 31, Mechanicsburg, PA 17055 Possible Mailing Address: 119 North Sporting Hill Road R, Mechanicsburg, PA 17050 L CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Roberta E. Clewell - xxx-xx-4827 B. EMPLOYMENT SEARCH Roberta E. Clewell - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Roberta E. Clewell reside(s) at: 1003 Nanroc Drive, Unit 31, Mechanicsburg, PA 17055. 11. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which had no listing for Roberta E. Clewell. B. On 03-23-12 our office searched directory assistance databases, which had no phone number for Roberta E. Clewell. Ill. INQUIRY OF NEIGHBORS On 03-23-12 our office made several phone calls in an attempt to contact Donna L. Wood (717) 737-4383,115 North Sporting Hill Road, Mechanicsburg, PA 17050: answering machine. On 03-23-12 our office made several phone calls in an attempt to contact Karen L. Hoffman (71.7) 761-1967,113 North Sporting Hill Road, Mechanicsburg, PA 17050: answering machine. On 03-23-12 our office made several phone calls in an attempt to contact Joan L. Alexander (717) 737-8986,127 North Sporting Hill Road, Mechanicsburg, PA 17050: no answer. Using our white pages database our office was unable to locate any neighbors for 1003 Nanroc Drive, Unit 31, Mechanicsburg, PA 17055. 1V. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 03-23-12 we reviewed the National Address database and found the following information: Roberta E. Clewell -119 North Sporting Hill Road R, Mechanicsburg, PA 17050. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: 119 North Sporting Hill Road R, Mechanicsburg, PA 17050. V. OTHER INQUIRIES A. DEATH RECORDS As of 03-23-12 Vital Records and all public databases have no death record on file for Roberta E. Clewell. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Roberta E. Clewell -1962 B. A.K.A. Roberta Elizabeth Yingst * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. The above information is obtained from available public records and we are only liable for the cost of the affidavit. EXHIBIT "C" N N W N ~ ? 66 ?a * * R ? B x Rt 7d O A Z? ?W+ r?r? ro t Q' a . d > a H 10 w?4 q W 5' N s W or. a N C• 6 r• ? E air g ?"; 00 •• 1 y fi o>z M p. ? R. F?l w roao. ,p, cn o w ? ?r o r o ,.d y? .590 N v, N to W bo ~ ? c°o =. N fD r ? C ?? < yo zy > y cr? a. 0 P b mac , ?o r c o n I A trf ro ? pAp rA. ° O ? bC z d y y FBI 0 ? , .. on c coo c cn o+ `Ox.c? a w c 0 V) =s g? a_.o w It N ?' = M Ul W O m •! O 0 0 0 ? M N 0 O . aO m CZ C 0 y B Q c ? r ?+ a9 taa N _ c ? Y! S ? n rt 0 O 'O ? p p y `! (D _ w ? a = 0 c w c o w = ?xg (o N K w d ? C rt v. C FUS S O = p ? [? • ?P? rq O ?t? . , am p w 7 rwrNCv e ° @ $ 02 1M mi 0004277256 MAYO oaz -*,a.w vn R. fD Q En w C° a 1 CD CD E aCD C (D ?r o r o ,.d r x 90%m !s 1.59° 7 2012 MAILED FROM ZIPCODE 1 91 03 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff VS. ROBERTA E. CLEWELL Defendant ORDER CIVIL DIVISION NO. 10-6423 AND NOW, this 2- A day of , 2012, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant ROBERTA E. CLEWELL by: 0?? REGULAR MAIL TO, ROBERTA E. CLEWELL at, 1003 NANROC DRIVE, UNIT 31, MECHANICSBURG, PA 17055-4480 CERTIFIED MAIL TO, ROBERTA E. CLEWELL at, 1003 NANROC DRIVE, UNIT 31, MECHANICSBURG, PA 17055-4480 POSTING 1003 NANROC DRIVE, UNIT 31, MECHANICSBURG, PA 17055-4480 BY THE COURT: J. PHS # 252593 CC PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 --' ROBERTA E. CLEWELL -rr o 1003 NANROC DRIVE, UNI T 31, MECHANICSBURG, PA 17055-4480 3 - j' Cagy Ma,l' S?agri? PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 4 1L E -O i`I?tt?E /? e!C PROTHOROTARY 09012 AUG -2 AM 10: 11 CUMgERLANO COUNTY PENNSYLVANIA BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, CUMBERLAND COUNTY LP COURT OF COMMON PLI Plaintiff VS. ROBERTA E. CLEWELL Defendant CIVIL DIVISION NO. 10-6423 AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.RC.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to E. CLEWELL on JUNE 8, 2012 at 1003 NANROC DRIVE, UNIT 31, MECHANICSBURG, P 17055-4480 in accordance with the Order of Court dated MAY 25, 2012. The property was on JUNE 15, 2012. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. gewPh;inan & Schmieg, LLP DATE: BM 0?=od, Esquire FA Attorney for Plaintiff ¦ ¦ Al. IN THE COURT OF CCJVMN PLEAS OF CUMBERLAND COUNTY, PENNSYLV. BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION LP vs. Plaintiff ROBERTA E. CLEWELL Defendant NO. 10-6423 ORDER AND NOW, this day of 2012, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale i permitted on Defendant ROBERTA E. CLEWELL by: REGULAR MAIL TO, ROBERTA E. CLEWELL at, 1003 NAN, DRIVE, UNIT 31, MECHANICSBURG, PA 17055-4480 ? CERTIFIED MAIL TO, ROBERTA E. CLEWELL at, 1003 NAI DRIVE, UNIT 31, MECHANICSBURG, PA 17055-4480 moo( ? POSTING 1003 NANROC DRIVE, UNIT 31, MECHANICSBUI PA 17055-4480 BY THE COURT: PHS # 252593 CC PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103+ - < ?r rs ROBERTA E. CLEWELL a Ca 1003 NANROC DRIVE, UNIT 31, MECHANICSBURG, PA 17055-4480 t..`I J. r 1 O n CrJ O y Oil My l J MO J u? r z ^u y C c N C ?D oo J O? t? A w C N ? C z a 'b C-D O > a obi, y tz N C t-4 n? S` >?r m r o N 9 C1 BPI d .?i F; ~ 0. W H y t dQ 0 02 ,M $01.M i P(N .?® (giNEY BOWES I, 0004277256 JUN08 2 MAILED FROM ZIP CODE 1 a a? `S O a O? A r A? ?• r G C R? ax C A A 0 12- 03 - - QIINIUNIINIININN I? 7178 2417 6099 0102 6431 LXH / 252593 ROBERTA E. CLEWELL 1003 NANROC DRIVE UNIT 31 MECHANICSBURG, PA 17055-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS.com® - Track & Confirm 1 of 1 English Customer Service USPS Mobile Register/Sign m serf s#om* Search USPS.com or Track Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Track & Confirm You entered: 71782417809901026431 Status: Notice Lett (No Authorized Recipient Available) We atbmpted to deliver your item at 7:45 am on July 10, 2012 In PHILADELPHIA, PA 19103 and a notice was left because an authorized recipient was not available. You may arrange redelivery by visiting www.usps.comilredeiivery or calling 800-ASK-USPS or may pick up the Item at the Post Office Indicated on the notice. H this kern Is unclaimed after 30 days then it will be returned to the sander. Information, If available, 1s updated periodically throughout the day. Please check again later. Additional information for this Item Is stored In files ofkins. You may request that tiro additional Information be retrieved from the archives, and that we send you an e-mail when this retrieval is complete. Requests to retrieve additional Information are generally processed within four hours. This information will remain online for 30 days, I would like to receive notification on this request Restore Find Another Item What's your label (or receipt) number? Find LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES Privacy Policy, Government Services > About USPS Home , Business Customer Gateway, Terms of Use . Buy Stamps & Shop, Newsroom) Postal Inspectors , FOIA , Prim a Label with Postage, Mail Service Updates > Inspector General , No FEAR Act EEG Data , Customer Service, Forms & Publications , P osPal Explorer, Site Inctex, Careersr Capynahl`4) 20" 2 USPS. All Rights Reserved https://tools.usps.comlgolTrackConfi -mAction.action?tLabels=71782417609901026431 7/25/012 PLAINTIFF AFFIDAVIT OF SERVICE (FHLMC) BANK OF AMERICA N A SUCCESSO CUMBERLAND COUNTY HOME LOANS SERVICING, LP ^01 MERGER TO BAC PHS # 252593 DEFENDANT SERVICE TEAM/ Ixh ROBERTA E. CLEWELL COURT NO.: 10-6423 SERVE ROBERTA E. CLEWELL AT: TYPE OF ACTION 1003 NANROC DRIVE XX Notice of SherUrN Sale UNIT 31 SALE DATA! August 8, 2012 MECHANICSBURG, PA 17055-4480 **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED Served and made known to ROBERTA E. CLEWELL, Defendant on the (5 fbay of 7ttWF- 20 -} at t : Sq o'clock ?. M., at 1003 N Roc Ok. woo 3 i - _ Defendant personally served. A4Cv--0 Ntc% 6V", 1 in the manner described below: - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. ?Other:_ O'STE-p PRoP Description: Age Height Weight Race Sex Other a competent adult, hereby verify that I personally true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the enalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ?( ?)- NAME: PRINTED NAME: ??- 011 TITLE: Process Server cause. _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at _ Service Refused NOT SERVED On the day of , 20_, at _ o'clock . M., Defendant NOT FOUND be Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 ~~ ~~~ ~~i,~~oNaTA~ x~ ` FI~ELAN HALLINAN & SCHMIEG, LLF ~~j2 AUG 15 AM 10Y 34 Attorney for Plaintiff CUM~~RLA.NO CQUNTY 1617 JFK Boulevard, Suite 1400 F'fNNSYLWANI~1 One .Penn Center Plaza Plri~delphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, CUMBERLAND COUNTY ', LP COURT OF COMN~L,~ Plaintiff CIVIL DNISION vs. NO. 10-6423 ROBERTA E. CLEWELL Defendant AFFIDAVIT OF SERVICE OF N41'~CE G1F F'S SALE PURSUANT TO F.R.C.P., 4I2j/+~3 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the sbov+e captioned rna#er was sent by regular mail and certified mail, return receipt requested, bEr RQ$TA E. CLEWELL on JUNE 8, 2012 at 1003 NANROC DRIVE, UNIT 31, MECHANICtJIIG, l~'A 17055-4480 in accordance with the Order of Court dated MAY 25, 2012. The propert~i! v on JUNE 15, 2012. The undersigned understands that this statement is made subject to the pen~ti~s ~f 19 Pa.C.S. §4904 relating to the unsworn falsification to authorities. P & Schmieg, LLP DATE: By + Esquire Attorney for Plaintiff ,~..~.~~ IN TIC COURT OF CC VINION PLEAS OF CUMBERLAND COUNTY, PENNSYLV BA~1K OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION LP NO. 10-6423 Plaintiff vs. ROBERTA E. CLEWELL Defendant ORDER AND NOW, this ~.S ~ day of 7'1 JCt~, , 2012, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order Court, it is hereby: ORDERED. that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale pernutted on Defendant ROBERTA E. CLEWELL by: REGULAR MAIL TO, ROBERTA E. CLEWELL at, 1003 t DRIVE, UNIT 31, MECHANICSBURG, PA 17055-4480 -~ CERTIFIED MAIL TO, ROBERTA E. CLEWELL at, 1003 DRIVE, UNIT 31, MECHAIVICSBURG, PA 17055-4480 Ct 1~ POSTING 1003 NANROC DRIVE, UNIT 31, MECHAIJIC; PA 17055-4480 BY THE COURT: J. PHS # 252593 c~ ~ CC PHELAN HALLINAN & SC~IlVIIEG, LLP ~ N 1617 JFK Boulevard, .Suite 1400 a Philadelphia, PA 19103 ~ -~~" ~a ROBERTA E. CLEWELL ~~ a• 1003 NANROC DRIVE, UNIT 31, MECHANICSBURG, PA 17055-4480 ~~_-~ --, cst -< ~ .-, °_; ~ T~ mr,;, r7; o~ _ ~' a -r; Q~ --~r' 2> r :~,~ 0 y ^H t l y N H r ~o c n ~ r 5' o r., ~ , N ~ O ~O Oo J O~ to A W N .-~ g ~ ~~ ~~ a ,A~ * iF • r iF N * N 9F * iF it ~t • ~R * • iF * * * * i! M x ! * w s ~ n r a ar * at w i- * w • 11~~,, Fi'j ~ ~ ~ ~ ~~ ~~ ~ ~ y C a ~~ w ~, ;~ ~, r ~ ~~ to ro ~" e~ R s ~~ ~ ~ a ~ ~, ' < B' ao 5 ` ~ ~\ ,Q` `, ' .,, =t tt g _ k~~ _. ate . • 0 2 ,aa ~' Q~ ~'aoZo ~a ~, ~ m ~ ~ a II ~ O A ~ ~ A 'L7 O m ~ °.A~ bar ~~ ~ ~~~x ~~ ~~ O x ~ ~ 0 0 4004277256 JUN 08 2412 MAILED FRONA ZIPCOQE 99 0 3 ~u~i ~ 7178 2417 6099 0102 6431 LXH / 252593 ROBERTA E. CLEWELL 1003 NANROC DRIVE UNIT 31 MECHANICSBUR.G, PA 17055-0000 -fold hers (regular) - fold here (6x9) --fold here (regular) USPS.com®-Track & Confirm Castansr aervtae asps tAabse ~~' Quick Tools Ship a Package Send Mail Track ~ Confirm You sntarod: 717ibN700N0/03N31 Shliw: flstloa l.N! (NO AuMoAasd ttisotpiard AvaMhly ', y1s allMMlb/ to dsNvsr yow tiwa iK 7:Oti sm an .May 10.2012 In PliLADt?g.PtgA, PA 1l101.na. edllaa rrss rMe tnnnwaan sntlterlsM eaayaardrraa trot arsilabb. rou may•~w M +nww.u~spaoosiksdYWwy err odbp r~ao,M~c.uePS, ~' ~ ~I tMi1M Math ti N1et>t0it Qlllss t11d1osIW an tlw netlas. M ails tlam Y uneMMssi rrIM-2011s~s than k rsN bt nlrsrtrsd to Uls asndar. InMrarsYOn, H ava0s6N, a uM/b11 w111NWiMy NrpuOlqut the dsy. PMsN oMok p~Yl Mdar. Adstlaui FMbrsratiser 14ar'this Nam & slasd M lass offlMe. You mq that tM addtdwiN 6doratMkst Mo rNMwd from Ots arolaves, and tl1d tMS swN you an s-ms0 wMn lhN. IMMwa) N rasmpista RpuMb b esliNw addlMriM Nslsrmatlon aro patarsMy proogsed vathin taw herons. TMb irMormatlon Mil rsrttain ontMta for ]0 days. . I wags ttm to reahe noltAdtlon oa tlMS rpustt Rastoro Fktd AnofitK Msm V1tteCs your Iobel (tn reosipt) rsmbM Find Menage Your Mail Rr $~~ ti Search USPS.crom or Track Shop Buthtess LECiAI oN usPS.COee t>wt ABOIlT.Uaf+B.t~M oTHBt tfsas t,TTts Privacy Policy ~ CaovarrlmMa Services + About USPS Hama ~ au~rwss (;uslomsr GrHSwsy 3 Terms at Use + &ry Stamps 8 Stop ~ - Nawtroom + Postal Iropeabrs + FrJiA ~ Prlra a Label wlat Poatge + Mail Service Updates > Inspectp' (aenerai > No FEAR Act EEO Data + Customer Service > Farms 8 PrnsNCatlons > Postal Expbrer > Site Irxlex. Careers > CopyrlOhtC+2012 USPS. AN RlOtas Reserved 1 of 1 hops://tsois.asps.eo~nlg©/TrackConfirmAction.action?tLabels=71782417609901026431 7/25/2012 AFFIDAVIT OF SERVICE (FHIMC) PLAIIVTIFF CUMBERLAND COUNTY BANK OF AMERICA,,, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP PHS #252593 DEFENDANT ROBERTA E. CLEWELL SERVI ,~ ~yt1~I~ COURT' NO.:10-642:1 SERVE ROBERTA E. CLEWELL AT: TYPE OF ACTION 1083 NANROC DRIVE XX Nofice ~ Sherl[f's Sale UNIT 31 SALE DATE.: Augnst 8, 2012 MECHAMCSBURG, PA 17055-448!1 **PLF.ASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** S VED Served and made known to 1~F.RTA E. CLEWELL, Defendant on the ~~day of rT tl ~/tc , 20 }-at 1 ~ ; 50~ o'clock ~,. M., at t4~3 IAN ~dc etW-t 3 - , in the mannea described below: _ Defaxlant personally serval. M~'~tcs ~w~t4, _ Adult family nxinber with wham Defendant(s) recede(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name ~ relationship. _ Managerl~Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office a usual place of business. an mica of said Defendant's company. Botha: ~~ PRo~~.r~ Description: Age I#ight Weight Race Sex Other ~ ~ona~d ~Oll , a competent adult, hereby verify that I pasanadiy-l~ a~tr~ and correct copy of t Notice of w~,a ~e is the ' as set forth hereon, issued in the csptinnai ao 1~ date at'1d a< the adds indicated abcn+e. I ttrtdtrstartd that this statement is made subject to ties of 18 Pa. C.S. Sec. 4904 relating unswom falsification to authorities. DATE: ~ ~~~'' NAME: ~~ 'i On the day of , 20_, at _ Vacant _ Does Not Exist PRINTED NAME: ~ZGIl1;d iVT011 TITLE: Process Sctvcr NOT SERVED o'clock _. M., Defendant NOT FOUND because: _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: I understscxi that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to falsification to audhorities. BY: PRINTED NAME: ATTORNEY FOR PL•s Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., kl. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., D. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R Davey, Esq., Id. No. 87077 Lauren R Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., kl. No. 86657 Andrew L. Spivack, Esq., ~. No. 84439 Ctnisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevazd, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff v. ROBERTA E. CLEWELL Defendant E " ' ~ ~ ~-` ~t~y: for Plaintiff ~`~i2 t~~`~ ~ 3 ~ !0~ G J~•1~.r'~LI'~~d~ CC~t~I~T'; w'~fi~IP~S~rLV,~hIlA COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-6423 CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the October 23, 2012 Court Order in regazds to Plaintiff's Motion to Postpone was sent via first class mail to the following individuals on the date indicated below. ROBERTA E. CLEWELL 106 WEST GREEN STREET MECHANICSBURG, PA 17055-6251 ROBERTA E. CLEWELL 119 NORTH SPORTING HILL ROAD #R MECHANICSBURG, PA 17050-2454 Date: November2012 R. THOMAS KLINE, SHERIFF OFFICE OF THE SHERIFF 1 COURTHOUSE SQUARE CARLISLE PA 17013 RO$ERTA E. CLEWELL 106 WEST GREEN STREET MECHANICSBURG, PA 17055-6251 Phelan Halli By: Allison F. Wells, q Attorney for Plaintiff ieg, LLP Id. No.309519 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~o~a~a al ~u~Gr,~f~~~ ~.~~ ~ , ; ~ ~}; ~I~~ r:c rho ;»r;Fl~~ ~~ t~{~~-til I-]L { ~~'2 t~4~' 28 ASP I1 ~ 5~ rUMB~RLAY~D COU~'dT ~' PENNSYLYANiA BAC Home Loans Servicing, L.P. Case Number vs. 2010-6423 Roberta E Clewell SHERIFF'S RETURN OF SERVICE 03/21/2012 02:52 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Roberta E Clewell, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 106 W. Green Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, defendant moved, left no forwarding address. 03/21/2012 06:11 PM -Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 1003 Nanroc Drive, Unit 31, Mechanicsburg, PA 17055, Cumberland County. 05/08/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/8/2012 08/01/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/3/2012 10/03/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/5/2012 11/27/2012 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: $732.28 November 27, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF gz~sra~ r ~~ ~t_ ~~~ ~ x-73 ~~~ ~ ~-~ ,c? Coun~ySui`F SI?eriY.. Te;ssbft, L^c. On March 12, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, known and numbered 1003 Nanroc Drive, Unit 31, Mechanicsburg, PA 17055-4480 more fully described on Exhibit"A"filed with this writ and by this reference incorporated herein. Date: March 12, 2012 Y For Claudia Brewbaker, Rea! Estate Coordinator 9 I ~S '~ Z - I~dW ll0l c.~~~~ ~os~~ Yqo~ ~us~ br~l ~~~, ~aa craw s'wA i •~" ~ ` ~~ .~-~s two M~r~ ~'.,.......-...1~ 11M..~..r... aiAT ~ ,.. WRIT OF EXECUTIt}N andJor ATTACHMENT COMMONWEALTIi OF PENNSYLVANIA} NO X010-6423 Civil COUNTY OF CUMBERLAND) CIVIL ACTION-.LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the delat, interest and costs due BANK OF AMERICA, N.A., AS SUCCESSOR BY MER~GEIIt~ TO BAC HOI++iE LOAN$ 3FRVICI~iG, LP Ftrt~#~lf#' (s) From ROBERTA E. CLEWELL (1) 'You are directed to levy upon the property of the ~~i~nt{std to sell ~l~ LEGAL DESCRIFh'I'ION . (2) You are also directed. to attach the properly of the deferment(s) not .levied upon in the possession of GARI+IISHEE(S) as follows: and to notify the garois)aee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or-for the acscount oftlse ~t (sy end iirc~ri delit~o~ltf~ qty ptry of tl?te del'nt (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 thati a named garnishee, you are directed to notify him/l:imr' h+c/$13e I~t=laeien a as a garnisheeand is enjoined as above stated. Amount Diie$182001.36 L.L.5:50 Interest FROM 01/06/2012 TO DATE OF SALE (Si7.tl0 FER DIEM} - $2,G01,00 Atty's Comm % Due Prothy 52,25 Atty Paid 5320.00 Other. Costs Plaintiff Paid Date: 3/1/2012 (Seal) t - , D~virf . 7~mti, Pr aty Deputy REQUESTING PARTY: Name JO)f~N I1~I~HAEL KOLESNIK, ESQ. Address: F1E~ELAN HAi.,I:.I~tAI'~1 ~~Sfw~l~, L.LP,1517 JFK BLN}LEVAR~, SUITE 1A~, (lrl~iE PENN C1~NTER PLAZA, PHILAI#I~LPI~1iA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-5-7000 Supreme Court ID No. 308877 CUMBERLAND LAW JOURNAL Writ lio. X010-6423 Civll Term Bank of America, N.A., as successor by Merger to BAC Home Loans Servicing, LP vs. Robert E. Clewell Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-6423, BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP vs. ROBERTA E. CLE WELL, owner(s) of property situate in UP- PERALLEN TOWNSHIP, Cumbealand County, Pennsylvania, being 1003 NANROC DRIVE, UNIT 31, MECHAN- ICSBURG. PA 17055-4480. Parcel No. 42-24-0792-042A- U100331 Improvements thereon: CONDO- MINIUM. JUDGMENT AMOUNT: $102,001- .36. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103 215-563-7000 48 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 27, May 4, and May 11, 2012 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 i Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 11 da of Ma 2012 Notary ----- NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 'The Patriot-News Co. 2020 Technology Pkwy Suite 300• Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. ;iHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ~e ~lahiot News NOw you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Cammunity Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2010~644.~ q~11'iinn Bank O} A111lrlCy N.A., as MK~arHot N L.o~ns V~ RobWt E. 4"rlllYi~N Atyr: DixMN SdNntp By virtue of a Writ of Ecewtan N0.10- 6423 BANK OF AMERICA, N.A, AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP ROBERTA E. CLE WELL owner(s) of property saWate in UPPER ALLEN'POWNSHIP, Cumberland County, Pennsylvania, being (M~~~r) 1003 NANROC DRIVE, UNrf 31, MECHANICSBURG. PA 17053-4480 Pazcel No. 42-24-0792.042A-Ulq)331 ( ge or street address) ovements thereon: CONDOMINIUM MENT AMOUNP. 9102,001.36 lan Hallman & Scbmieg, LLP for Ptainiifl' 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 This ad ran on the date(s) shown below: 04/27/12 05/04/12 T'y / r Sworn to and subs~be ore me this 2,,~~da~of Nfay, 2012 A. D. - ,~ ' ~.. , ,t. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Owens, Notary Public tower Paxton TwP°res Nov`n 6~ 20 5 My Commission Expl MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 05/11/12 BAP~'K OF AMERICA, N.A., AS SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO BAC HOME LOANS SERVICING, LP . Plaintiff CIVIL DIVISION ~ NO.:10-6423 ROBERTA E. CLEWELL Defendant(s) CUMBERLAND COUNTY PHS # 252593 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1003 NANROC DRIVE, UNTT 31, MECHANICSBURG, PA 17055-4480. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ROBERTA E. CLEWELL 106 WEST GREEN STREET MECHANICSBURG, PA 17055-6251 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) GENEVA APARTMENTS 500 GENEVA DRIVE MECHANICSBURG, PA 17055 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: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 1003 NANROC DRIVE UNIT 31 MECHANICSBURG, PA 17055-4480 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O. BOX 2675 DEPARTMENT OF WELFARE HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE 22$ WALNUT STREET, SUITE 220 U.S. ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG, PA 17108-1754 FEDERAL BUILDING 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.A. § 4904 relating to unsworn falsification to authoritie,S, Date: By: ~~allinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff Y BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO BAC HOME LOANS SERVICING, LP CIVIL DIVISION Plaintiff NO.:10-6423 vs. ROBERTA E. CLEWELL CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROBERTA E. CLEWELL 106 WEST GREEN STREET MECHAlVICSBURG, PA 17055-6251 **THIS FIRM LS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WH..L BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 1003 NANROC DRIVE, UNIT 31, MECHANICSBURG, PA 17055-4480 is scheduled to be sold at the Sheriff s Sale on 06/06!2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $102,001.36 obtained by BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. l . If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You maybe 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 ca11215-563-7000. 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 the 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 maybe entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN unit designated as Unit II-31, Building I, before a condominium unit in Geneva Place, a condominium, located in Upper Allen Township, Cumberland County, Pennsylvania, which unit is located on the Floor, Building I, as designated in the Declaration of Condominium recorded October 5, 1983, in the Office of the Recorder of Deeds for Cumberland County in Misc. Book 289, Page 929, and in the Declaration Plans as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 44, Page 62. UNDER AND SUBJECT to all easements, reservations, restrictions and rights of way of record. TITLE TO SAID PREMISES VESTED IN Roberta E. Clewell, single woman, by Deed from S and E Real Estate, LLC., dated 11/13/2007, recorded 12/11/2007 in Instrument Number 200745909. PREMISES BEING: 1003 NANROC DRIVE, UNIT 31, MECHANICSBURG, PA 17055-4480 PARCEL N0.42-240792-042A-U100331 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-6423 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP vs. ROBERTA E. CLEWELL owner(s) of property situate in UPPER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1003 NANROC DRIVE, UNIT 31, MECHANICSBURG, PA 17055-4480 Parcel No. 42-24-0792-042A-U100331 (Acreage or street address) Improvements thereon: CONDOMINIUM JUDGMENT AMOUNT: $102,001.36 Phelan Hallii-an & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 r Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ' Philadelphia,PA 19103 Q 215-563-7000 [By ANK OF AMERICA,N.A. SUCCESSOR Court of Common Pleas MERGER TO BAC HOME LOANS ERVICING,LP Civil Division -46 Plaintiff =In P--r) -n CUMBERLAND County 0 p't') vs -frn No. 10-6423 ROBERTA E.CLEWELL Defendant PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P.,2352 TO THE PROTHONOTARY: Kindly substitute NATIONSTAR MORTGAGE, LLC as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: NATIONSTAR MORTGAGE, LLC is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment has been executed and sent for recording in CUMBERLAND County on or about 3/20/2013 Kindly apend1he information on the docket ac rdin y. Date: �" -7 By: Jos h A essoye sq., Id. No.200479 Attorney for Plaintiff PHS#252593 � B��gY Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 BANK OF AMERICA, N.A. Court of Common Pleas SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP Civil Division Plaintiff vs CUMBERLAND County ROBERTA E. CLEWELL No. 10-6423 Defendant PRAECIPE TO MARK IUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of NATIONSTAR MORTGAGE, LCJbcated 350 HIGHLAND DRIVE LE V E9Esq.,1d0No.200479 7 Date: Y MID PHE AN HALL By: Joseph A. D ye, PHS#252593 Attorney for Plaintiff ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of NAT STAR MORTGAGE, LLC. Date: y PHEL HALL N, LLP By: Joseph A. D s ye,E d. No.200479 PHS#252593 Attorney for Plaintiff Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff Civil Division V. CUMBERLAND County ROBERTA E. CLEWELL Defendant No. 10-6423 PHS#252593 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe to mark judgment to NATIONSTAR MORTGAGE, LLC and substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: ROBERTA E. CLEWELL 106 WEST GREEN STREET MECHANICS U G,PA 17055-6251 Date: / PH AN HA INAN, L By: Joseph A. e oye, sq., Id. No.200479 Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 NATIONSTAR MORTGAGE,LLC COURT OF COMMON PLEAS Plaintiff V. CIVIL DIVISION ROBERTA E. CLEWELL NO.: 10-6423 Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: t �- C.7-1 Amount Due $106,485.58 M r _ M Interest from 06/07/2012 to Date of Sale 8 076.25 �'> o CD ($17.75 per diem) _.a C- �4 TOTAL 14 561.83 Phe allinan,LL P J Michael Kolesnik,Esq.,Id.No.308877 Attorney for Plaintiff Note: Please attach description of property. PHS#252593 a8.so Po A` TY 7(0. 50 C BF' 38•oo ., 38.00 736A-08 q01, 00 .. to. no 10 .00 6. 00 H0, 50 018. 50 " N �,oqh.ZS --PO A 11Y 4a.a5 bueO c�►a93s� 2# x88950 IN THE COIN OF COMMON'PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NATION$TAR MORTGAGE,LLC Plaintiff V. ROBERTA E. CLEWELL Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: Address where papers may be served: ROBERTA E.CLEWELL Photh`Halllnan,LLP 1003 NANROC DRIVE, UNIT 31 John Michael Koiesnik, Esq.,Id. No.308877 MECHANICSBURG, PA 17055-4480 Attorney for Plaintiff BANK. OF AMERICA,N.A. IN THE COURT OF COMMON PLEAS OF SUCCESSOR BY MERGER CUMBERLAND COUNTY,PENNSYLVANIA TO BAC HOME LOANS SERVICING, LP, Plaintiff CIVIL ACTION—LAW V. ROBERTA E. CLEWELL, Defendant NO. 10-6423 CIVIL TERM IN RE: MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 20' day of April, 2012, upon consideration of Plaintiffs .Motion To Make Rule Absolute, and no answer to the Rule To Show Cause issued on March 27, 2012, having been filed, it is hereby ORDERED and DECREED that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiffs Motion To Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nuns pro tune as follows: Principal Balance $79,882.99 Interest through June 6, 2012 $19,754.41 Per Diem $15.01 Late Charges $397.35 Cost of Suit and Title $915.00 t, , Property Inspections $330.00 Property Preservation $9.00 ;x ; Mortgage Insurance Premium/ f' ' Private Mortgage Insurance $2,119.95 cl Escrow Deficit $4,130.45 �( Suspense/Misc. Credits $1 053.35) r) =1 TOTAL $106,485.58 BY THE COURT, �s Christylee [-, Peck., J. IN THE COURT'OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA,N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION LP Plaintiff NO. 10-6423 vs. ROBERTA E. CLEWELL Defendant ORDER AND NOW, this ___ day of, 201'1,after consideration Of Plaintiff s Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby; ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant ROBERTA E. CLEWELL by: RE(--jULAR MAIL To, ROBERTA.E. CLEwELI_ at, 1003 NANROC DRIVE, UNIT 31,MECHANICSBURG, PA 17055-4480 CERTIFIED MAIL TO, ROBERTA E. CLEWEI-L at 1003 NANROC DRIVE, UNIT 31,MECHANICSBURG,PA 17055-4480 POSTING 1003 NANROC DRIVE,UNIT 3 1,MECHANICSBURG, PA 17055-4480 BY THE COURT: J.-4 PFIS #252593 CC P1-IE IAN HALLINAN& SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 R013ERTA E. CLEWELL 1003 NANROC DRIVE, UNIT 31, MECHANICSBURG, PA 17055-4480 PHELAN HALLINAN, LLP John Michael Kolesnik, Esq., Id. No.308877 ( ' " j Attorneys for Plaintiff 1617 JFK Boulevard, Suite 1400 l t9 r ?� �' One Penn Center Plaza 2013 APR j Philadelphia, PA 19103 215-563-7000 CUt"6ERLN. Of; NATIONSTAR MORTGAGE,LLC PENNSYLYAt31A Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION ROBERTA E. CLEWELL : NO.: 10-6423 Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied (X) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By/nMi�chael nan,LLP Kolesnik,Esq.,Id.No.308877 Attorney for Plaintiff r NATIONSTAR MORTGAGE,LLC COURT OF COMMON PLEAS j Plaintiff CIVIL DIVISION V. , NO.: 10-6423 ROBERTA E.CLEWELL Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 NATIONSTAR MORTGAGE,LLC,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 1003 NANROC DRIVE, UNIT 31,MECHANICSBURG,PA 170554480. I. Name and address of Owner(s)or reputed Owner(s): r„ Name Address(if address cannot be reasonably ascertained, ` please so indicate) ri w i :rM {rZ� ROBERTA E.CLEWELL 1003 NANROC DRIVE,UNIT 31, r r MECHANICSBURG,PA 170554480 -<:r-,- p CD _$.._. 2. Name and address of Defendant(s)in the judgment: C—, = CD Name Address(if address cannot be reasonably c) c ascertained,please so indicate) ROBERTA E.CLEWELL 1003 NANROC DRIVE,UNIT 31 ^{` MECHANICSBURG,PA 17055-4480 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None, 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None, 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) GENEVA GREENS APARTMENTS 500 GENEVA DRIVE MECHANICSBURG,PA 17055 PHS #252593 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 1003 NANROC DRIVE UNIT 31 MECHANICSBURG,PA 17055-4480 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING 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.A. § 4904 relating to unswom falsification to autho ' ' s. Date: �S l-f By: Ph4dffaflinan,LLP Jo Michael Kolesnik,Esq.,Id.No.308877 ttorney for Plaintiff PHS #252593 NXTIONSTAR MORTGAGE,LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 10-6423 ROBERTA E. CLEWELL Defendant(s) CUMBERLAND CRUNTY r-- NOTICE OF SHERIFF'S SALE OF REAL PROPERTY :z 0 TO: ROBERTA E. CLEWELL cz" 1003 NANROC DRIVE,UNIT 31 =C) MECHANICSBURG,PA 17055-4480 E3 CO "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house(real estate)at 1003 NANROC DRIVE,UNIT 31,MECHANICSBURG,PA 17055-4480 is scheduled to be sold at the Sheriff's Sale on 09/04/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$106,485.58 obtained by NATIONSTAR.MORTGAGE,LLC(the mortgagee)against you. In the event the sale is continued, an announcement will be made at said sale in compliance with PaR.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale,you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) I YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 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 215-563-7000. 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 the 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 10-6423 NATIONSTAR MORTGAGE,LLC V. ROBERTA E. CLEWELL owner(s) of property situate in UPPER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 1003 NANROC DRIVE UNIT 31 MECHANICSBURG PA 17055-4480 Parcel No. 42 24-0792-042A-U100331 (Acreage or street address) Improvements thereon: CONDOMINIUM UNIT Judgment Amount: $106,485.58 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN unit designated as Unit lI-3 1,Building 1,before a condominium unit in Geneva Place,a condominium located in Upper Allen Township,Cumberland County,Pennsylvania,which unit is located on the Floor,Building 1,as designated in the Declaration of Condominium recorded October 5, 1983, in the Office of the Recorder of Deeds for Cumberland County in Misc.Book 289,Page 929,and in the Declaration Plans as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 44,Page 62.Said Unit being known and numbered as 1003-31 Nanroc Drive. TITLE TO SAID PREMISES VESTED IN Roberta E. Clewell,single woman,by Deed from S and E Real Estate,LLC.,dated 11/13/2007,recorded 12/11/2007 in Instrument Number 200745909, PREMISES BEING: 1003 NANROC DRIVE,UNIT 31,MEECHANICSBURG,PA 17055-4480 PARCEL NO.42-24-0792-042A-U100331 Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 CO ate` V BANK OF AMERICA,N.A. SUCCESSOR Court of Common Pleas ; _U T7 BY MERGER TO BAC HOME LOANS SERVICING,LP Civil Division Plaintiff CUMBERLAND County 5:CL'. vs t (AIN No. 10-6423 ROBERTA E.CLEWELL Defendant PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P.,2352 TO THE PROTHONOTARY: Kindly substitute NATIONSTAR MORTGAGE, LLC as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: NATIONSTAR MORTGAGE, LLC is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded on 3/2112013 in Instrument No. 201309045 of the Recorder of Deeds Office in and for CUMBERLAND County. Kindly amend the information on the docket accordin y7 Date: By: Johnchael Kolesnik, Esq., Id.No.308877 Attorney for Plaintiff PHS #252593 0.5o PbAT7"4 (A q,33 I d88q5O Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 BANK OF AMERICA, N.A. Court of Common Pleas SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP Civil Division Plaintiff CUMBERLAND County vs No. 10-6423 ROBERTA E. CLEWELL Defendant PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of NATIONSTAR. MORTGAGE LL , located 350 HIGHLAND DRIVE LEWISVILLE,TX 75067 Date: PHELAN *1111 LLP John c ael Kolesnik, Esq., Id.No.308877 Attorney for Plaintiff PHS #252593 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff Civil Division V. CUMBERLAND County ROBERTA E. CLEWELL No. 10-6423 Defendant PHS#252593 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe to mark judgment to NATIONSTAR MORTGAGE, LLC and substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: ROBERTA E. CLEWELL 1003 NANROC DRIVE,UNIT 31 MECHANICSBURG,PA 17055-4480 Date: 11 PHELAN LLP By: John chael Kolesnik, k, Esq.,Id.No.308877 Attorney for Plaintiff ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of NATIONSTAR MORTGAGE, LLC. Date: 0144 PHELlichael AN,LLP By: Joh Kol esnik,Esq., Id. No.308877 Attorney for Plaintiff PHS#252593 .,0 mCO 7- 3 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 10-6423 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONSTAR MORTGAGE,LLC, Plaintiff(s) From ROBERTA E.CLEWELL (1) You are directed to levy upon the property of the defendant(S)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the gamishee(s)that:(a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated, Amount Due: $106,485.58 L.L.: Interest from 6/7/12 to Date of Sale($17.75 per diem) -- $8,076.25 Atty's Comm: Due Prothy:$2.25 Atty Paid: $1,017.2$ Other Costs: Plaintiff Paid, Date: 4/10/13 David D. Buell,Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name:JOHN MICHAEL KOLESNIK,ESQUIRE Address: PHELAN HALLINAN LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone:215-563-7000 Supreme Court ID No.308877 t ter HE— F'Rl?T(iONQ A i PHELAN HALLWAN,LLP . 2M AUG "6 AM I Attorney for Plaintiff Adam H.Davis,Esq.,Id. No.203034 CUMBERLAND COUNTY 1617 JFK Boulevard,Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NATIONSTAR MORTGAGE,LLC CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION ROBERTA E. CLEWELL Defendant(s) No.: 10-6423 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa.R.C.P.3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Adam H.Davis,Esq.,Id.No.203034 /�j / Attorney for Plaintiff Date: ! IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#746427 s Name and Phelan Eallinan,LLP N Address 1617IFK Boulevard.Suite 1400 0 5 Of Sender One Penn Center Plaza Philadelphia,PA 19103 AZKJIILW•09104 013 SALE C Line Article Number Name ofAddEt-M Street,s and Pact Offiew Arldrecc Pnetas r n 11 vv I TENANTIOCCUPANT $0.45 iA 5 G<; 1003 NANROCARIYE, rc UNIT 31 t m�;* MECHANICSBURG,PA 17055-MI10 o .yr♦ 2 GENEVA GREENS APARTMENTS 50.45 300 GENEVA DRIVE r KECHANICSRURG PA 17053 3 w• AONII+ ilc RkELA'17Gi+15 Oft $OAS r CUMUE RLAND COUNTY 13 NORTH HANOVER STREET 4 — srss COMMONWEALTH OF PENNSYLVANIA DFPARTMENT OF WELFARE: P.O.BOX 2675 � r` RARRISRU,RG PA 17103 �J S rtt• INTERNAL REVENUE SERVtCE'r1DVISORY 1000 LIBERTY AVENUE ROOM 744 f PI1"I`SBURGEI PA 15222 U.S.DEPARTMENT OFJMI`tCF SO.AS U.S.ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET,SUITE 320 PO BUX 11754 HARRISBURG PA 17108.1754 RE:ROIIERTA E CLEWELL(CUMBERLAND) VHS 0252593J1021 Page I of I Writ $270 Team -. 1tMrl Ntmtxr of Total Ns Ot6mvs I f.urnsw,1lt(paaMOt 71}t fa7 dnUrttiU.atvahr i.}apfni nr a0doe.estk lMtl inrtwtbra}t(:[neted rMS0.7rr tms}numinit:rmuty py+bk titers U%W 4 Set}itr Rm3Hn4 m PW1 C 1.1mt Rspmss Mai dcawrtxnetm+}snMC:ia imaraoa 1s 530,000pn pica SAlm to a 111Nt Of SSYK'.OWpv a%XSlfr V.'mat Mk—.MknW,y Paptbit W}ntrt M111ux UMt1t t.woo TTe r�.taiery in}emmylxyaNitaST3.OJpfxrxs*ax*rJ mri},crm+�kl cyxtexn:r<<n*r+:r Sex 77smt.t:e�I.}M+nw} Form 3877 Facsimile 1 r'1":1-1 t rt_ PHELAN HALLINAN, LLP T~. 1 Attorney for Plaintiff L J;SEP 30 1617 JFK Boulevard, Suite 1400 UMBER One Penn Center Plaza PENNS YL CO IUAN T Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC • CUMBERLAND COUNTY Plaintiff • COURT OF COMMON PLEAS • • vs. • CIVIL DIVISION • ROBERTA E. CLEWELL : NO. 10-6423 • Defendant AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail,return receipt requested,to ROBERTA E. CLEWELL on MAY 6,2013 in accordance with the Order of Court dated MAY 25,2013. The property was posted on MAY 13,2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phela Hallinan, DATE: 17,1-4.3 B : lliso, '. Zucke � "�q. Id. No.309519 -•rney for Plain A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA BANK OF AMERICA,N.A. SUCCESSOR BY • MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION LP NO. 10-6423 Plaintiff • vs. ROBERTA E. CLEWELL Defendant ORDER AND NOW, this day of ..............._ l ,.._.......... , 2012, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant ROBERTA E. CLEWELL by: REGULAR MAIL TO, ROBERTA E. CLEWELL at, 1003 NANROC DRIVE,UNIT 31,MECHANICSBURG,PA 17055-4480 Y'-...._ CERTIFIED MAIL TO, ROBERTA E. CLEWELL at, 1003 NANROC DRIVE,UNIT 31,MECHANICSBURG,PA 17055-4480 ad POSTING 1003 NANROC DRIVE,UNIT 31,MECHANICSBURG, PA 17055-4480 BY THE COURT: 1,17 "et-, J. PHS #252593 CC PHELAN HALLINAN& SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 ROBERTA E. CLEWELL 1003 NANROC DRIVE, UNIT 31, MECI-IANICSBURG, PA 17055-4480 /1 . o. eb ° : N z N O � oo J C\ LA A w ,N . .-• fit a .. F■+ * CD cr ° a ^ 1 cr 7 B * * * * * * * * * * * * * * * * * * * * * * * • C = x �" ih n °w � 1 c. -0r CA p; cty ril ZZ a y -0 ^ � � � �, � a x ti o � ' o� e � � � *IV •-•- r 1?J fig' wr>y Cdr v, �, ly ■z r - C a = z r a a 6- ril � Ct" o ccf, r ° x- r o " I� B aw*V o CA v' ° -n 2 ° t ° 0000 a n y vi o N o til f7 C OD It o 4 t* cro - �I 1 * 0 w ao ' '• • •' US-POSTAGE>>PITNEY BOWES r S .L. -4011. . 14 .4`" " 02 19103 $ 001.66° •• • 0001381 191 MAY 06 2013 c 11 11 110 I 1111 . 7178 2417 6099 0134 1886 LXH/252593 ROBERTA E. CLEWELL 1003 NANROC DRIVE UNIT 31 MECHANICSBURG, PA 17055-4480 --fold here(regular) --fold here(6x9) --fold here(regular) 4fiLlainey From: US PostalService @ usps.com Sent: Wednesday, August 28, 2013 1:37 PM To: Lily Hainey Subject: U.S. Postal Service Track& Confirm email Restoration -71782417609901341886 This is a post-only message. Please do not respond. LILY HAINEY has requested that you receive this restoration information for Track& Confirm as listed below. Current Track& Confirm e-mail information provided by the U.S. Postal Service. Label Number: 71782417609901341886 Service Type: Certified Mar Shipment Activity Location Date &Time Delivered PHILADELPHIA PA 19103 May 23, 2013 9:00 am Available for Pickup PHILADELPHIA PA 19102 May 22, 2013 11:48 am Processed through USPS Sort Facility PHILADELPHIA PA 19176 May 22, 2013 12:08 am Processed through USPS Sort Facility PHILADELPHIA PA 19176 May 21, 2013 12:55 pm Processed through USPS Sort Facility LANCASTER PA 17604 May 20, 2013 5:14 pm Processed through USPS Sort Facility LANCASTER PA 17604 May 19, 2013 8:43 am Processed through USPS Sort Facility PHILADELPHIA PA 19176 May 17, 2013 5:17 am Processed through USPS Sort Facility PHILADELPHIA PA 19176 May 16, 2013 6:12 pm Processed through USPS Sort Facility LANCASTER PA 17604 May 15, 2013 2:14 pm Processed through USPS Sort Facility LANCASTER PA 17604 May 14, 2013 11:18 pm Processed through USPS Sort Facility HARRISBURG PA 17107 May 12, 2013 7:19 am Processed through USPS Sort Facility HARRISBURG PA 17107 May 11, 2013 11:08 pm Arrival at Unit MECHANICSBURG PA 17055 May 8, 2013 6:17 am Depart USPS Sort Facility HARRISBURG PA 17107 May 8, 2013 Processed through USPS Sort Facility HARRISBURG PA 17107 May 7, 2013 11:04 pm Depart USPS Sort Facility PHILADELPHIA PA 19176 May 7, 2013 Processed at USPS Origin Sort Facility PHILADELPHIA PA 19176 May 6, 2013 10:38 pm Dispatched to Sort Facility PHILADELPHIA PA 19102 May 6, 2013 6:08 pm Acceptance PHILADELPHIA PA 19102 May 6, 2013 4:01 pm Electronic Shipping Info Received May 6, 2013 USPS has not verified the validity of any email addresses submitted via its online Track& Confirm tool. For more information, or if you have additional questions on Track& Confirm services and features, please visit the Frequently Asked Questions (FAQs) section of our Track& Confirm tool at http://wwvv.usps.com/shipping/trackandconfirmfaqs.htm. 1 . AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY NATIONSTAR MORTGAGE,LLC PHS#252593 DEFENDANT SERVICE TEAM/spl ROBERTA E.CLEWELL COURT NO.:10-6423 SERVE ROBERTA E.CLEWELL AT: TYPE OF ACTION 1003 NANROC DRIVE XX Notice of Sheriff's Sale UNIT 31 SALE DATE:09/04/2013 MECHANICSBURG,PA 17055-4480 ****PLEASE POST THE PROPERTY*** **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED Served and made known to ROBERTA E. CLEWELL, Defendant on the 13 day of Mk('/ , 20 13, at "6.4iclock at at 1003 NANROC DRIVE,UNIT 31,MECHANICSBURG,PA 17055-4480,in the manner described below: Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. xx Othe:: POSTED THE PROPERTY Descri tion: Age } Height Weight Race Sex Other I,— G n°k competent ompetent adult,hereby verify that I personally posted the property with a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. p,,;Q,� DATE: / Ql NAME: �� PRINTED NAME: t''-"" 7V/t DEL 111 LE: I (` SV X. NOT SERVED On the day of ,20 at_ _o'clock_.M.,I, ,a competent adult hereby state that Defendant NOT FOUND because: _Vacant Does Not Exist Moved _Does Not Reside(Not Vacant) No Answer on at • at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T.Phelan,Esq.,Id.No.32227 Francis S.Hallinan,Esq.,Id.No.62695 Daniel G.Schmieg,Esq.,Id.No.62205 Michele M.Bradford,Esq.,Id.No.69849 Judith T.Romano,Esq.,Id.No.58745 Jenine R.Davey,Esq.,Id.No.87077 Lauren R Tabas,Esq.,Id.No.93337 Jay B.Jones,Esq.,Id.No.86657 Andrew L.Spivack,Esq.,Id.No.84439 Chrisovalante P.Fliakos,Esq.,Id.No.94620 Courtenay R.Dunn,Esq.,Id.No.206779 Allison F.Zuckerman,Esq.,Id.No.309519 Melissa J.Cantwell,Esq.,Id.No 308912 1 -SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ry Jody S Smith Chief Deputy DEC -2 PM 2: Richard W Stewart ° s'':7 4 . ,-,� 6--' Solicitor OPME OF rHE"ERIFr ..�t C E,t I_ � 1 t,U r??i y i i PENNSYLVANIA BAC Home Loans Servicing, L.P. Case Number vs. Roberta E Clewell 2010-6423 SHERIFF'S RETURN OF SERVICE 07/16/2013 02:06 PM -Deputy William Cline, 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 1003 Nanroc Drive, Unit 31, Mechanicsburg, PA 17055, Cumberland County. 09/04/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on September 04, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk on behalf of Federal Home Loan Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $776.85 SO ANSWERS, November 26, 2013 RON R ANDERSON, SHERIFF ylf.oa fa, &,A (c)CountySuite Sheriff,Teleosoft,Inc On July 2, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 1003 Nanroc Drive, Unit 31, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: July 2, 2013 By: Real Estate Coordinator 0 Z E101 LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2010-6423 Civil Term BAC HOME LOANS SERVICING,L.P. vs. ROBERTA E. CLEWELL Atty.:Joseph Schalk By virtue of a Writ of Execution No. 10-6423, NATIONSTAR MORTGAGE, LLC v.ROBERTA E.CLEWELL owner(s) of property situate in UPPER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 1003 NANROC DRIVE,UNIT 31,MECHANICSBURG, PA 17055-4480. Parcel No. 42-24-0792-042A- U100331. Improvements thereon: CONDO- MINIUM UNIT. Judgment Amount:$106,485.58. 37 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. Li a Marie Coyne, ditor SWORN TO AND SUBSC BED before me this da y of August, 2013 4�z- Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 1900 Patriot Drive i4e a 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 08/04/13 2010-6423 Chdi Tenn SAC NOME LOANS SERVICING, 08/11/13 L.P. trs. ROBERTA E CLEWELL . . . . . . . . . . . .'t1n. . . . . . . . . . . . . . . . . . . . Aur. Joseph SdWk By virtue of a Writ of Execution No.10-6423 Swo n o nd subsce thj 3 day of August, 2013 A.D. NATIONSPAR MORTGAGE,L1.0 ROBEITA E.CLEWELL owner(s) of property situate in UPP$R ALLEN TOWNSHIP, CUMBERLAND t ry Public County,Pennsylvania,being 1063 NANROC DRIVE, UNIT 31, MECHANICSBURG,PA 17OSS 4480 Pam] No.42-244742-042A U100331 (Acreage or street address) COMMONWEALTH OF PENNSYLVANIA Improvements thereon: CONDOMINIUM Notarial Seal UNIT : _ Holly Lynn Warfel,Notary Public Judgment Amount:$106,48558 Washington Twp.,Dauphin County My Commission Expires Dec.12,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mortgage Corporation is the grantee the same having been sold to said grantee on the 4th day of September A.D., 2013, under and by virtue of a writ Execution issued on the l Oth day of April, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 6423, at the suit of Nationstar Mortgage LLC against Roberta E. Clewell is duly recorded as Instrument Number 201338251. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 02 day of A.D. Z,-i �. Recorder of Deeds Gtanbe�nd Caa�►, FA MY Expires the Fast i►�ondaf►ot,�n.2014