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HomeMy WebLinkAbout11-4412? '•_a (? r lUE ?r E ?Ii 6 ;?; ,?ERLAIdO C4UNIT i,!gSYLVAHIA McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID# 309480 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-1 Asset-Backed Certificates, Series 2006-1 3 ADA Irvine, California 92618 V. Stephen L. Marks 4111 North 21 st Street Apt 221 Phoenix, Arizona 17603 and Alfia R. Marks 4111 North 21 st Street Apt 221 Phoenix, Arizona 17603 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 1), 411 A 0' 0 CIVIL ACTIONIMORTGAGE FORECLOSURE 50 0411:001.0f da 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 Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-1 Asset-Backed Certificates, Series 2006-1, duly organized and doing business at the above-captioned address. 2. The Defendant is Stephen L. Marks, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 4111 North 21 st Street Apt 221, Phoenix, Arizona 17603. The Defendant is Alfia R. Marks, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 4111 North 21st Street Apt 221, Phoenix, Arizona 17603. On September 26, 2005, Stephen L. Marks and Alfia R. Marks made, executed and delivered a mortgage upon the premises hereinafter described to Option One Mortgage Corporation, a California Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1924, Page 4553. On March 19, 2008, the aforesaid mortgage was thereafter assigned by Option One Mortgage Corporation, a California Corporation to Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-1 Asset-Backed Certificates, Series 2006-1, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County in Assignment of Mortgage Instrument No. 200808199. 6. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 420 South Hanover Street, Carlisle, Pennsylvania 17013. The mortgage is in default because monthly payments of principal and interest upon said mortgage due January 1, 2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following amounts are due on the mortgage: Principal Balance $ 148,481.87 Interest through April 18, 2011 $ 5,085.07 (Plus $36.41 per diem thereafter) Attorney's Fee $ 1,250.00 Corporate Advance $ 39.60 Suspense Balance $ -1,588.79 GRAND TOTAL $ 153,267.75 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $153,267.75, together with interest at the rate of $36.41 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY: Christine L. Graham, qu Attorney for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: Christine . Graham, Es uir Attorney for Plaintiff Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-1 Asset-Backed Certificates, Series 2006-1 v. Stephen L. Marks and Alfia R. Marks 4 Exhibit A Legal Description All that certain house and lot of ground in the Borough of Carlisle, Cumberland County, Pennsylvania, known as 420 South Hanover Street, Carlisle, Pennsylvania, more particularly bounded and described as follows: On the North by property formerly of H.B. Lanason, now of Norman Swigert; on the East by South Hanover Street; on the South by property formerly of Frank Dunbar, now of Everett C. Linthicum; and on the West by School Alley; fronting 30 feet on said South Hanover Street and extending an even width in depth 240 feet from the curb line of South Hanover Street to the center of alley aforesaid Tax ID No: 04-22-0483-058 For information purposes only, property also known as: 420 S Hanover St Carlisle, PA 17013-3916 Report Date 04/29/2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor {OFF . .. --F r,,c_FICF OF THE FILED-OFFICE NOTARY 2011 JUN 29 AM 9.21 CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank, N.A. vs. Stephen L. Marks (et al.) Case Number 2011-4412 SHERIFF'S RETURN OF SERVICE 05/19/2011 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: Stephen L. Marks, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Lancaster County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 05/19/2011 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: Alfia R. Marks, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Lancaster County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 05/23/2011 07:25 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Alfia R. Marks, 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 Alfia R. Marks. Request for service at 14 Hosfeld Road, Carlisle, Pennsylvania 17013 is vacant. l RO ER BITNER, DEP TY 05/23/2011 07:25 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Stephen L. Marks, 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 Stephen L. Marks. Request for service at 14 Hosfeld Road, Carlisle, Pennsylvania 17013 is vacant. L ROB RT BITNER, DEPUTY 06/20/2011 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: Stephen L. Marks, 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 Stephen L. Marks. Request for service at 420 S. Hanover Street, Carlisle, Pennsylvania 17013 is vacant and currently listed for sale through Hooke Hooke & Eckman Realty. 06/20/2011 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: Alfia R. Marks, 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 Alfia R. Marks. Request for service at 420 S. Hanover Street, Carlisle, Pennsylvania 17013 is vacant and currently listed for sale through Hooke Hooke & Eckman Realty. 06/22/2011 Lancaster County Return: And now, June 22, 2011 I, Terry A. Bergman, Sheriff of Lancaster County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Alfia R. Marks the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of Lancaster and therefore return same NOT FOUND. Request for service at 401 W. Walnut Street, Rear, Lancaster, Pennsylvania 17603 the Defendant was not found. (c; Cnu:"iySuiee S?:en`f fe?e?so!t. Ine 06/22/2011 Lancaster County Return: And now, June 22, 2011 I, Terry A. Bergman, Sheriff of Lancaster County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Stephen L. Marks the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Lancaster and therefore return same NOT FOUND. Request for service at 401 W. Walnut Street, Rear, Lancaster, Pennsylvania 17603 the Defendant was not found. SHERIFF COST: $149.00 June 27, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF rci 0XIMyS111te Shenff Teieosoft. Inc. 1 of 2 Ronny R Anderson Sheriff Jody S Smith Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY ' ?,?yttr of ? u+tiGr, fT? ??? ;r ¢, 6 Wells Fargo Bank, N.A. vs. Stephen L. Marks (et al.) 0 N SERVICE COVER SHEET o Category: Civil Action - Complaint in Mortgage Foreclosure Zone: X Manner. Deputize Expires: 1 06/17/2011 Warrant. W m _tt ..... . .......... Notes: From Cumberland County- rec'd 05/23/2011 LCSD Clerk: Yvette Turco 717123-4519 a R#1821 $150.00 $59.50 a Z Name: Alfia R. Marks g Primary ;401 W. Walnut Street, Rear a Address: 'Lancaster, PA 17603 W Phone: w ?_ .....?. W Alternate (n dress: IZ i Phone: Z _._.. _ 'Attornaki-OV:, .'-, s ` Name: McCabe Weisberg & C onway, PC Phone: 215-790-1010 o 312 711M Date: j 1 ?(a 3 Ctlt t(? ?!1 [? __?I Time: , Z°? p vv% Mileage: coa Deputy: f? t e'?ter g N w, May 19, 2011 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Lancaster County to a ex cute service of the documents herewith and make return thereof according to law. Y Return To: C??' f Cumberland County Sheriffs Office Lr,2>Z? One Courthouse Square Carlisle, PA 17013 onny R nderso Sheriff M Richard W Stewart' Solicitor Case Number 2011-4412 rt •?.?' s A46&4-- c??L • E'Sr'c? r? °_211 'D `. MCCABE, WEISBE12G AND CONWAY, P.C. BY: TERRENC'?, J. McCABE, ESQUIRE - ID # 16496 MARC S. V EISBERG, ESQUIRE - ID # 17616 EDWARD 10. CONWAY, ESQUIRE - ID # 34687 MARGARF T GAIRO, ESQUIRE - ID # 34419 ANDREW I.. MARKOWITZ, ESQUIRE - ID # 28009 123 South Broad Sty eet, Suite 2080 Philadelphia, Penns` lvania 19109 (215) 790-1010 Wells Fargo Bank, i I.A. as Trustee for Option One Mortgage Loan Trutt 2006-1 Asset-Backed Certificates, Series '006-1 Pl, iintiff v. Stephen L. Marks ai d Alfia R. Marks Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 11-4412 Civil ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHON )TARY: MW = rn ;r;0 r- tn ? r- ? )? =Q Yc= 0 J TO O LI z- c Fri - F ?rn o° --+Q Z -n o -n C7 Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above-captioned matter for failure to answer ( omplaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principa Interest ' om 04/19/11 to 07/01/11 $ 153,267.75 $ 2,694.34 Total $ 155,962.09 TERRENCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorneys for Plaintiff dew p6)gg I AND NOW, this -1 day of LA" , 2011, Judgment is entered in favor of Plaintiff, Wells Fargo Bank, N.A. as 'T'rustee for Option One Mortgage Loan Trust 2006-1 Asset-Backed Certificates, Series 2006-1, and against Defendan s, Stephen L. Marks and Alfia R. Marks, and damages are assessed in the amount of $155,962.09, plus int rest and costs. BY THE P THO AR . McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-1 Asset-Backed Certificates, Series 2006-1 Plaintiff V. Stephen L. Marks and Alfia R. Marks Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 11-4412 Civil AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHIL DELPHIA: SS. The undersi°ned, being duly sworn according to law, deposes and says that the Defendants, Stephen L. Marks and Alfia R. N arks, are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendants, Stephen L. Marks and Alfia R. Marks, are over eighteen (18) years of age, and reside as follows: Stephen L. Marks 4111 North 21 st Street Apt 221 Phoenix, Arizona 85016 SWORN AND SUBSCRIBED BEFORE ME THIS _6th _ DAY OF July , 2011 c? 2 L4V<??- NOTARY PUBLIC COMMONWEA11H OF PENNSYLVANIA NOTA,91;e L ;SEAL E- Wiltlbanks-Notary Public Pi,ilidelphia Courtry i 'r- rlRES APR. 05, 2015 Alfia R. Marks 4111 North 21st Street Apt 221 Phoenix, Arizona 85016 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW F.,. MARKOWITZ, ESQUIRE - ID # 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Tru t 2006-1 Asset-Backed Certificates, Series :. 006-1 PI tintiff v. Stephen L. Marks and Alfia R. Marks Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-4412 Civil CERTIFICATION The undersi ied hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that `te deposited in the United States Mail a letter notifying the Defendants that judgment would be entered against them Athin ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. Copies of said letters are attached hereto and marked as Exhibit "A". SWORN AND SUBSCRIBED BEFORE ME THIS _61h _ DAY OF July T, 2011 NOTARY PUBLIC COMMONWEALTH 7F PENNSYLVANIA NOTARIAL SEAL Maleekah ?tllltba,iLs41ntary Public City of Philadelphia, Philaoephia County my cc"NI. "ISSION E'P APR. 06, 2015 ERRENCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, are true and correct to the best of .his/her knowledge, information and belief and further states that false statements herein are made subject to the pnalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. U- TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorneys for Plaintiff l0 -?7 OFFICE OF THE PROTHONOTARY SC' S 1 COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary June 17, 2011 To: Alfia R. Marks 4111 North 21 st Street Apt 221 Phoenix, AZ 85016 Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-1 Asset-Backed Certificates, Series 2006-1 vs. Stephen L. Marks Alfia R. Marks Cumberland County Court of Common Pleas Number 11-4412 Civil NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE 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 DIPENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY 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. TIUS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, 1111S OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATIONABOUT AGENCIES THAT MAYOFFER LEGAL SERVICES TO ELIGIBLE PF&'.SONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800)990.9108 I.JSTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POP NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUMO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR sENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANCES. USTED LE DF.BE TOMAR ESTE PAPEL A SU ABOOADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA E?CPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON MFORMAC16N ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOOADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGON HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 BY: Attorneys forglaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE ma ld OFFICE OF THE PROTHONOTARY 5 G S 5-7 COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary To: Stephen L. Marks 4111 North 21 st Street Apt 221 Phoenix, AZ 85016 June 17, 2011 Wells Fargo Bank, N.A. as Trustee for Option Cumberland County One Mortgage Loar Trust 2006-1 Court of Common Pleas Asset-Backed Certificates, Series 2006-1 VS. Stephen L. Marks Alfia R. Marks Number 11-4412 Civil NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PER& ?NALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST 'IOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIT NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEA UNGAND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHT- YOU SHOULD TAKE 17HIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO "0 OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN P.OVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO ij] RE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE ?ERSONS AT A REDUCED FEE• OR NO FEE. Cumberland County Bar Ass -iation 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 NOTIFICACION IMPORTANTE USTFD SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SF.A PERSONALMENTE O POR ABOGADO Y FOR NO HABER RADICADO POR FSCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTWICACION, RL TRIBUNAL PODRA, SIN NECFSIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALOUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELFFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMAC16N ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDEPROPORCIONAR PARA EMPLEAR UN ABOOADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LBOALES A PERSONAS ELE.GIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 BY: At torn s for laintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE ma OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Stephen L Marks 4111 North 21 st Street Apt 221 Phoenix, Arizona 85016 Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-1 Asset-Backed Certificates, Series 2006-1 Plaintiff V. Stephen L. Marks and Alfia R. Marks Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 11-4412 Civil NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGM T has en enter in the above pr ding as indicated below. f `I??. r thou ?, u X Judgment by Default Mcney Judgment Judgment in Replevin - Judgment for Possession if you have any quest '(ons concerning this Judgment, please call McCabe, Weisberg and Conway, P.C. at (215 790-10i 0. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Alfia R. Marks 4111 North 21 st Street Apt 221 Phoenix, Arizona 85016 Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Tru :t 2006-1 Asset-Backed Certificates, Series 006-1 Plaintiff V. Stephen L. Marks and Alfia R. Marks Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 11-4412 Civil NOTICE Pursuant to I .ule 236, you are hereby notified that a JUDGME T has been entered in the above proceeding as indicated below. Prothono X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe Weisberg and Conway, P.C. at (215) 7904011, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-4412 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2006-1 ASSET-BACKED CERTIFICATES, SERIES 2006-1 Plaintiff (s) From STEPHEN L. MARKS AND ALFIA R. MARKS (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: $155,962.09 L.L.: $.50 Interest from 7/2/11 $4076.76 at $25.64 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $281.50 Other Costs: Plaintiff Paid: Date: 7/13/11 David D. Bu 1 Prothonotary (Sea)) By: ' kd b(,`J puty REQUESTING PARTY: Name: MARC S. WEISBERG, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY, P.C. 123 SOUTH BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 17616 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Wells Fargo Bank, N.A. as Trustee for Option One FILE NO.: 11-4412 Civil Civil Term Mortgage Loan Trust 2006-1 Asset-Backed AMOUNT DUE: $155,962.09 C o - Certificates, Series 2006-1 -n3 -- - v INTEREST: from 07/02/11 ?? :Zrn = L te '+y - $4,076.76 at $25.64 X Stephen L. Marks and Alfia R. Marks ATTY'S COMM.: r - ' vm Q COSTS: 2 ' C") C ) TO THE PROTHONOTARY OF SAID COURT: 00 The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or acedunt based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 420 South Hanover Street, Carlisle Pennsylvania 17013 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: July 12, 2011 O oo _ a- ATN .°o°o CBF' 14- oo a.5o ., asp .50 - Po Arrv Signature: V v Print Name: CABS, ISBERG ND CONWAY Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. a.oo roue eo 5o LL ?.t am 17'1(v Wri'?- eon RZ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-1 Asset-Backed Certificates, Series 2006-1 Plaintiff V. Stephen L. Marks and Alfia R. Marks Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 11-4412 Civil AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. n C -OX rnco ZM Wr- t" ? { C3 A? ev 0 C t-" W '!7 cn The undersigned, being duly sworn according to law, deposes and says that the Defendants, Stephen L. Marks and Alfia R. Marks, are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendants, Stephen L. Marks and Alfia R. Marks, are over eighteen (18) years of age, and reside as follows: Stephen L. Marks 4111 North 21 st Street Apt 221 Phoenix, Arizona 85016 SWORN AND SUBSCRIBED BEFO ME THIS ?-PbAY OF fil • 22011 ?? (5 z-- NOTARY PUBLIC COMMONWE .!=.,.. F'^ NS' ENOT C? EAL ry Public hia County MMI ^ ?`'' 06, 2015 Alfia R. Marks 4111 North 21 st Street Apt 221 Phoenix, Arizona 85016 r*,, ju4 TERRENCE J. MCCABE, ESQUIRI MARC S. WEISBERG, ESQUIRE ' EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff C' S :U G7 C3-n G7 M McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-1 Asset-Backed Certificates, Series 2006-1 Plaintiff V. Stephen L. Marks and Alfia R. Marks Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-4412 Civil p C= N a p Ti rnco -' s Z ?' _V c nt C) b Z s° C') XC) Z a `n o? 5:C= rv ' X AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANTS The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing addresses of the Defendants are: Stephen L. Marks 4111 North 21st Street Apt 221 Phoenix, Arizona 85016 Alfia R. Marks 4111 North 21 st Street Apt 221 Phoenix, Arizona 85016 SWORN AND SUBSC ED BEFORE E THIS ?AY OF 2011 ,A NOTARY PUBLIC CCMM0NWEA1L_' _ F PENNSYLVANIA N0TP ;Ar. 0_3 E A L Maleekan ?ti'? ;nKSoary Public City o° County MY CC`1`^isS,Ciw E_7,-;ORES APR. 06, 2015 TERRENCE J. McCABE, XSQtJIRI MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-1 Asset-Backed Certificates, Series 2006-1 Plaintiff V. Stephen L. Marks and Alfia R. Marks Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURTCqF CrOMM$N PLEAS C o 3 --a =rn r*?r NO: 11-4412 Civil r t+t -<3> C) <? DC-) 3 cD-n ?p --a cm -' A AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 420 South Hanover Street, Carlisle, Pennsylvania 17013, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. Name and address of Owners or Reputed Owners Name Address Stephen Marks 4111 N 21st Ap 221 Phoenix, Arizona 17603 Alfia Marks 4111 N 21 st Ap 221 Phoenix, Arizona 17603 2. Name and address of Defendants in the judgment: Name Stephen L. Marks Alfia R. Marks Address 4111 North 21 st Street Apt 221 Phoenix, Arizona 85016 4111 North 21 st Street Apt 221 Phoenix, Arizona 85016 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Name and address of the last recorded holder of every mortgage of record: Name Address Manufacturers and Traders Trust One M&T Plaza Company Buffalo, New York 14240 Name and address of every other person who has any record lien on the property: Name Address None Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Address 420 South Hanover Street Carlisle, Pennsylvania 17013 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8`h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-175 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. July 11, 2011 TERRE CE J. McCABE, E QUIRI DATE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-1 Asset-Backed Certificates, Series 2006-1 V. Stephen L. Marks and Alfia R. Marks Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-4412 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Stephen L. Marks Alfia R. Marks 4111 North 21 st Street Apt 221 4111 North 21 st Street Apt 221 Phoenix, Arizona 85016 Phoenix, Arizona 85016 c'= C -?3 zm cnt A? D rv C r- W N Ln k_0 c -n ?3O C3 am V Your house (real estate) at 420 South Hanover Street, Carlisle, Pennsylvania 17013 is scheduled to be sold at Sheriffs Sale on December 7, 2011 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $155,962.09 obtained by Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-1 Asset-Backed Certificates, Series 2006-1 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-1 Asset-Backed Certificates, Series 2006-1 the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION All that certain house and lot of ground in the Borough of Carlisle, Cumberland County, Pennsylvania, known as 420 South Hanover Street, Carlisle, Pennsylvania, more particularly bounded and described as follows: On the North by property formerly of H.B. Lanason, now of Norman Swigert; on the East by South Hanover Street; on the South by property formerly of Frank Dunbar, now of Everett C. Linthicum; and on the West by School Alley; fronting 30 feet on said South Hanover Street and extending an even width in depth 240 feet from the curb line of South Hanover Street to the center of alley aforesaid 420 South Hanover Street, Carlisle, Pennsylvania 17013. BEING the same premises which CESAR VALDEZ, JR. AND THROUGH HIS ATTORNEY-IN-FACT, VIRGINA VALDEZ AND VIRGINIA VALDEZ, HUSBAND AND WIFE by deed dated September 26, 2005 and recorded September 29, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 271, Page 957, granted and conveyed to Stephen L. Marks and Alfia R. Marks, husband and wife, in fee. TAX MAP PARCEL NUMBER: 04-22-0483-058 McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-1 Asset-Backed Certificates, Series 2006-1 Plaintiff V. Stephen L. Marks and Alfia R. Marks Defendant r s ttorne for Plaintiff r cF'L D COU,W' CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 11-4412 Civil AFFIDAVIT OF SERVICE OF AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 19th day of October, 2011, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF kfjD&'T_ , 2011 Tf )b NOTARY PUBLIC -k McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff By: TERRENCE J. cCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-1 Asset-Backed Certificates, Series 2006-1 Plaintiff V. Stephen L. Marks and Alfia R. Marks Defendants Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 11-4412 Civil AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 420 South Hanover Street, Carlisle, Pennsylvania 17013, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property is attached hereto. Name and address of Owners or Reputed Owners Name Address Stephen Marks 4111 N 21st Ap 221 Phoenix, Arizona 17603 Alfia Marks 4111 N 21 st Ap 221 Phoenix, Arizona 17603 2. Name and address of Defendants in the judgment: Name Address Stephen L. Marks 4111 North 21 st Street Apt 221 Phoenix, Arizona 85016 Alfia R. Marks 4111 North 21 st Street Apt 221 Phoenix, Arizona 85016 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. 6. Name and address of the last recorded holder of every mortgage of record: Name Address Manufacturers and Traders Trust One M&T Plaza Company Buffalo, New York 14240 Name and address of every other person who has any record lien on the property: Name Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 420 South Hanover Street Carlisle, Pennsylvania 17013 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8`h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales United States of America Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Name and address of Attorney of record: Name Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. McCABE, WEISBERG & NWAY, P.C. October 19, 2011 Attorneys for Plaintiff - DATE By: TERRENCE J. cCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE KEVIN T. McQUAIL, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-1 Asset-Backed Certificates, Series 2006-1 Plaintiff V. Stephen L. Marks and Alfia R. Marks Defendants DATE: October 19, 2011 TO: ALL PARTIES IN INTEREST AND CLAIMANTS Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-4412 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Stephen L. Marks and Alfia R. Marks PROPERTY: 420 South Hanover Street, Carlisle, Pennsylvania 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on December 7, 2011 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. G r m -n O N Q1 ui- ri E Q, ? ? o C7 O ? rr u w x ¢„E ?i S! r ?. J a C t0 d p C d tc S L M Ca?O w y w C C ^ C y In 6 a p . •a p W y W y Y! Q' "° y F; 00 an C N -; 0 6 65 WA $. Co t 0 w ?aoo0 cacao ?o>, a•° u ve.+ d A a?oe3aod N p"AL? d w n `" Md C E ^ o??naa ea v? a . ..?„ ^ • ea ea ?F, Lea o o?,oA?a ? Qua ? ° € is 3 ? Z ur?i aCi a aCi'"'U? b?= 3 C4 v yoo ? 3 WA ? ° a?? ? on 3w" u'^ ? ?a.yE? pfp Oa as o o ` ?VN ? o o F w o Or ?.. o ai 41 a oseaA . o ° o y C= oa• o« o u Co=?= o ° ? Q° y ? ? a y U > re o ?i ?•Lz A .. , 6? I"Gir RS L R Q O L A G? L oaaioQ aF " ' o?°a? oo???`? ` aoipa,aui=C? OG30.x A doQw aiYia ' T Uoooo? OCA E•?erU ,d r7 UAPaa U••.?v?a rL Ua1.-ZA N i ? 40 v v ? Q t` kn z Z 41 G p ?p C V N .• a'u v?•o C Qa ? Y N cl ? 3 A C 3 u rr N M V V) ?p t` M E"q z??ad ? w O C L O A 00 N >;:Eo c o c?? o ? Ay u a ?% ?EXz oar=C?F UpGUxd 00 on C .fl G 7 ev ?D d y t 6? ~ Ogdp ?a rn ? C ? L ?4 do eq a .2 S en 0 6? 6Q eta ? V.., a $2 ? a o 0 e ? wa a ?MMo ? q d I+I 0 wo v AUaU M O 064 ;TO blp C-c0v, wy0p?00 ??yz3a V??Ati.C C as ... z a v C O MN u 53WX as 0 0 L O O U ofirra ayiojpu o cc a g=el= ori?vzo O uy? ?O u O O ' p qM ypa >? F. ? VQN oo?oU ;A 0>C O ?aaaon ad??3 ova?Zo O cay??O v^000 ? vQN Op?•OV ;A ti +?'' t0.0>O O rM v C b y?Ap;a ?dd?3 d? u u ap F ? q 0 V P. ? r o? z; W ? Ha 1 O? I• h V V V 'a F L O eV 7 ? V ? d [? ra r+ 2011.4412 CNII Term Wells Fargo Bank, N.A Vs Stephen L. Marks Alfla R. Marks Atty: Mgirc Weisberg All that certain house and lot of ground in the Borough of Carlisle, Cumberland County, Pennsylv.una, known as 420 South Hanover Street, Carlisle, Pennsylvana, more particularly bounded and described as follows On the North by property formerly of H B Lanason, now of Norman Swigert, on the East by South Hanover Street, on the South by property formerly of Frank Dunbar, now of Everett C Linthicum, and on the West by School Alley, fronting 30 feet on said South Hanover Street and extending an even width m depth 240 feet from the curb line of South Hanover Street to the center of alley aforesaid 420 South Iianover Street, Carlisle, Pennsylvania 17013 BEING the same premises which CESAR VALDEZ, JR AND THROUGH HIS ATTORNEY-IN-FACT, VIRGINA VALDEZ AND VIRGiNIA VALDEZ, HUSBAND AND WIFE by deed dated September 26, 2005 and recorded September29 2005 m the office of the Recorder m and for Cumberland County m Deed Book 271, Page 957, granted and conveyed to Stephen L Marks and Alfia R Marks, husband and wife, rg fee TAX MAP PARCEL NUMBER: 04-22- 0483-058 iM:. .SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?????tlq OS ?;.ltl111JCP???t t7 lv b ? F 24 pl,i, n 1) ?. CUMIDCEijiL.^. ill0fCC+.1NTY PEH)gJ J LVA;,! ,4 Wells Fargo Bank, N.A. vs. Stephen L. Marks (et al.) Case Number 2011-4412 SHERIFF'S RETURN OF SERVICE 10/03/2011 03:39 PM - Deputy Stephen Bender, 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 420 South Hanover Street, Carlisle, PA 17013, Cumberland County. 12/05/2011 As directed by Marc Weisberg, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/1/2012 02/01/2012 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, Carlisle, Cumberland County, Pennsylvania on February 1, 2012 at 10:00 o'clock AM. He sold the same for the sum of $1.00 to Attorney Marc Weisberg, on behalf of Wells Fargo Bank, N.A. Wells Fargo Bank, N.A. at 3 ADA, Irvine, CA 92618, being the buyer in this execution, paid to the Sheriff the sum of $812.82. 02/13/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this Writ is returned STAYED. SHERIFF COST: $812.82 SO ANSWERS, February 24, 2012 RON W R ANDERSON, SHERIFF q1.. W ('24 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID# 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Batik, N.A. as Trustee for Option One Mortgage Loan Trust 2006-1 Asset-Backed Certificates, Series 2006-1 Plaintiff V. Stephen L. Marks and Alfia R. Marks Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 11-4412 Civil AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 420 South Hanover Street, Carlisle, Pennsylvania 17013, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owners or Reputed Owners Name Address Stephen Marks 4111 N 21st Ap 221 Phoenix, Arizona 17603 Alfia Marks 4111 N 21st Ap 221 Phoenix, Arizona 17603 2. Name and address of Defendants in the judgment: Name Address Stephen L. Marks 4111 North 21 st Street Apt 221 Phoenix, Arizona 85016 Alfia R. Marks 4111 North 21st Street Apt 221 Phoenix, Arizona 85016 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Manufacturers and Traders Trust One M&T Plaza Company Buffalo, New York 14240 5. 6. Name and address of every other person who has any record lien on the property: Name Address None Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Address 420 South Hanover Street Carlisle, Pennsylvania 17013 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8' Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-175 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 8. Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. July 11, 2011 DATE TERRENCE J. McCABE, ESQUIR] MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET CAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff CIVIL ACTION LAW Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-1 Asset-Backed Certificates, Series 2006-1 COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Stephen L. Marks and Alfia R. Marks Number 114412 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Stephen. L. Marks 4111 North 21 st Street Apt 221 Phoenix, Arizona 85016 Alfia R. Marks 4111 North 21st Street Apt 221 Phoenix, Arizona 85016 Your house (real estate) at 420 South Hanover Street, Carlisle, Pennsylvania 17013 is scheduled to be sold at Sheriffs Sale on December 7, 2011 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $155,962.09 obtained by Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-1 Asset-Backed Certificates, Series 2006-1 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-1 Asset-Backed Certificates, Series 2006-1 the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION.DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION All that certain house and lot of ground in the Borough of Carlisle, Cumberland County, Pennsylvania, known as 420 South Hanover Street, Carlisle, Pennsylvania, more particularly bounded and described as follows: On the North by property formerly of H.B. Lanason, now of Norman Swigert; on the East by South Hanover Street; on the South by property formerly of Frank Dunbar, now of Everett C. Linthicum; and on the West by School Alley; fronting 30 feet on said South Hanover Street and extending an even width in depth 240 feet from the curb line of South Hanover Street to the center of alley aforesaid 420 South Hanover Street, Carlisle, Pennsylvania 17013. BEING the same premises which CESAR VALDEZ, JR. AND THROUGH HIS ATTORNEY-IN-FACT, VIRGINA VALDEZ AND VIRGINIA VALDEZ, HUSBAND AND WIFE by deed dated September 26, 2005 and recorded September 29, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 271, Page 957, granted and conveyed to Stephen L. Marks and Alfia R. Marks, husband and wife, in fee. TAX MAP PARCEL NUMBER: 04-22-0483-058 WRIT OF ?XFCUTP9N and/or ATTAC', Y`I NT - COMMONWEALTH OF PENNSYL VAN [A) NO 11-4412 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FA.RGO BANK, N.A. AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2006-1 ASSET-BACKED CERTIFICATES, SERIES 2006-1 Plaintiff (s) From STEPHEN L. MARKS AND ALFIA R. MARKS (1) 'You are directed to levy upon the property of the defendant (s)ard 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: 5155,962.09 L.L.: S.50 Interest from 7/2/11 $4076.76 at $25.64 Atty's Cornm: % Due Prothy: $2.00 Atty Paid: $281.50 Other Costs: Plaintiff Paid: Date: 7/13;11 David D. u 11, Prothonotary r, (Seal) By; Uf???2 i eputy REQUESTING PARTY: Name: MARC S. WEISBERG, ESQUIRE Address: 1VICCABE, WEISBERG AND CONWAY, P.C. 123 SOUTH BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 17616 TRUE COPY FROM RECORD In Testimony whereof, i here unto set my hand and the sea! of said C urt at Carlisle, Pa. This, day of =20 11 Prothonotary _Jr_ Q610 V-2 J?j L) ?t On July 14, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as, 420 South Hanover Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference! incorporated herein. Date: July 14, 2011 By: Real Estate Coordinator ?5/ r McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-1 Asset-Backed Certificates, Series 2006-1 Plaintiff V. Stephen L. Marks and Alfia R. Marks Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 11-4412 Civil AFFIDAVIT OF SERVICE OF AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 19th day of October, 2011, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIBED BEFORE ME THIS DAY ^OFF` Q2 , 2011 NOTARY UBLIC McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plainti By: TERRENCE J. cCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-1 Asset-Backed Certificates, Series 2006-1 Plaintiff V. Stephen L. Marks and Alfia R. Marks Defendants Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 11-4412 Civil AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 420 South Hanover Street, Carlisle, Pennsylvania 17013, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property is attached hereto. 1. Name and address of Owners or Reputed Owners Name Address Stephen Marks 4111 N 21st Ap 221 Phoenix, Arizona 17603 Alfia Marks 4111 N 21st Ap 221 Phoenix, Arizona 17603 2. Name and address of Defendants in the judgment: Name Address Stephen L. Marks 4111 North 21 st Street Apt 221 Phoenix, Arizona 85016 Alfia R. Marks 4111 North 21 st Street Apt 221 Phoenix, Arizona 85016 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Manufacturers and Traders Trust One M&T Plaza Company Buffalo, New York 14240 5. Name and address of every other person who has any record lien on the property: Name Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Address 420 South Hanover Street Carlisle, Pennsylvania 17013 Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8' Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 United States of America c/o U.S. Dept of Justice, Room 5111 Atty General of the United States 950 Pennsylvania Avenue NW Washington, DC 20530-0001 United States of America c/o U.S. Dept of Justice, Room 4400 Atty General of the United States 950 Pennsylvania Avenue NW Washington, DC 20530-0001 8. Name and address of Attorney of record: Name Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. MCCABE, WEISBERG & NWAY, P.C. October 19, 2011 Attorneys for Plainti f DATE By: TERRENCE J. cCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE KEVIN T. McQUAIL, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-1 Asset-Backed Certificates, Series 2006-1 Plaintiff V. Stephen L. Marks and Alfia R. Marks Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-4412 Civil DATE: October 19, 2011 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Stephen L. Marks and Alfia R. Marks PROPERTY: 420 South Hanover Street, Carlisle, Pennsylvania 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on December 7, 2011 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. . ?- 1 0 ?e a?a vx G ti a O? "' O y aoi N w O W ?Op?0 0 g o o O G G 8 O O Y 0 U $? 4+ z aUo u ,fl N o? J ?6 u•O?F+ G ai u aaa'?'?oF, o. w G??O ? T'R?? "???? tip ? C:61 1-4 y"Okd?G a+ u?pd+? y yno $ 0 G ? 10, .0 ?U 0 a°V?nn? 3?0$ o?yO ?a??O d' G w N ^Y3 A O N I. u 04 so C4 ?p?.H rr.,aV UAAP? 7 I d d 'Z O ? Ofd ? ill i ? C7? 1.4 en d ? Y u V y, y s v, ? r+ ?ae?iaoy dUA? a w O y` ? V1 d pa"'i V?U?d ao O Gam'" w ? d ? y U a+ ? r O+ d O ?? BUNS 1*0 R ° OA 0-:0 w A yp a C ? o , ?dOw ; o V2? V ?M.v ? dy? i d ? ? o°o? pUp„U d a 0 t M ? w U 6l ? dam„ d W y''? ? biO Qyoo?? o??ycEd ;,yz,3a ?o irwse V2'? p WD GON v ?E a?Q O v.':? O GM opt a N? •o v p S? ?? d °? y 4 N ? ?d C a s^ ? w vQ'N d??`?U d'?'n?U oo„?A , ?ya !A Igo ?a vi d W ?G ?C,7Ap,? a ?a ? dw • b1E3 P;Y.iN N ? 1 <r a.0 o c da ? d IZ? od a d d° a? ?p H CUMBERLAND LAW JOURNAL Writ No. 2011-4412 civil Wells Fargo Bank, N.A vs. Stephen L. Marks Alfia R. Marks Atty.: Marc Weisberg All that certain house and lot of ground in the Borough of Carlisle, Cumberland County, Pennsylva- nia, known as 420 South Hanover Street, Carlisle, Pennsylvania, more particularly bounded and described as follows On the North by property for- merly of H B Lanason, now of Nor- man Swigert, on the East by South Hanover Street, on the South by property formerly of Frank Dunbar, now of Everett C Linthicum, and on the West by School Alley, fronting 30 feet on said South Hanover Street and extending an even width in depth 240 feet from the curb line of South Hanover Street to the center of alley aforesaid 420 South Hanover Street, Carlisle, Pennsylvania 17013. BEING the same premises which CESAR VALDEZ, JR AND THROUGH HIS ATTORNEY-IN-FACT, VIRGINA VALDEZ AND VIRGINIA VALDEZ, HUSBAND AND WIFE by deed dated September 26, 2005 and recorded September29 2005 in the office of the Recorder in and for Cumberland County in Deed Book 271, Page 957, granted and conveyed to Stephen L Marks and Alfia R Marks, husband and wife, in fee. TAX MAP PARCEL NUMBER: 04- 22-0483-058. 57 f PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 21, October 28, and November 4, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. 7)?? ?k--I?V- L' a Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this da of November. 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-Nevus Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 cue Patti* ot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot=News Co. aforesaid by virtue arid 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. PUMICATION COPY This ad ran on the date(s) shown below: 10/21/11 10/28/11 ?? - 11/04111 ern toads scribed befo his 1 da?N vember, 2011 A.D. Notary Public v H F PENN YLVANIA Not?rlN !wt ShNr?I? L. , Notary Publk anMw= Twp., culty C ? R PnNmvaNU nssocunON of wrolES 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 Option One Mortgage Loan Trust 2006-1 Asset-Backed Certificates Series 2006-1 (TR) is the grantee the same having been sold to said grantee on the 1 day of February A.D., 2012, under and by virtue of a writ Execution issued on the 13 day of Jam, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 4412, at the suit of Option One Mortgage Loan Trust 2006-1 Asset-Backed Certificates Series 2006-1 (TR) against Stephen L. Marks and Alfia R. Marks is duly recorded as Instrument Number 201205575. For of Deeds O=% caw AA Fist M=1rj of Jan. 2014 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ?? day of 2011-4412 Chrtl Term Wells Fargo Bank, N.A Vs Stephen L. Marks AMIa R. Marks Atty Marc Weisberg All that certain ho,ise and lot of ground in the Borough of Carlisle, Cumberland County, Pennsylv; ma, known as 420 South Hanover Street, Carlisle, Pennsylvama, more particularly bounded and described as follows On the North by property formerly of H B Lanason, now of Norman Swigert, ott the East by South Hanover Street, on the South by property formerly of Frank Dunbar, now of Everett C Linthicum, and on the West by School Alley, fronting 30 feet on said South Hanover Street and extending an even width m depth 240 feet from the curb he of South Hanover Street to the center of alley aforesaid 420 South Hanover Street, Carlisle, Pennsylvania 17013 BEING the same premises which CESAR VALDEZ, JR AND THROUGH HIS ATTORNEY-IN-FACT, VIRGINA VALDEZ AND VIRGINIA VALDEZ, HUSBAND AND WIFE by deed dated September 26, 2005 and recorded September29 2005 m the office of the Recorder m and for Cumberland County m Deed Book 271, Page 957, granted and conveyed to Stephen L Marks and Alfia R Marks, husband and wife, trl fee TAX MAP PARCEL NUMBER: 04-22- 0483-058