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Home My WebLink About11-5006GOLDBECK McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866)413-2311 FILED-OFFICE OF THE pROSNONOTAR f Z t t .t?! t ?t'r 9: 4 9 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NA AS SUCCESSOR BY MERGER TO LASALLE BANK NA, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2005-AQ1 PO Box 293150 Lewisville, TX 75029 Plaintiff vs. MICHAEL D. BLUMENTHAL Mortgagor(s) and Record Owner(s) 315 South Pitt Street Carlisle, PA 17013 CIVIL ACTION: MORTGAGE FOR? ggQrl rDefendant(s) 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 the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en ]as paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar 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 continuer la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para ustedg) ok* - t99.66 Pd a Ct & S&us7y u MBE OF COMMON PLEAS E MPM 07" OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. I1- 5 ma e l 'I LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. RESOURCES AVAILABLE FOR HOMEOWNERS IN FORECLOSURE ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aWx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http://www.philadelphiafed.orgjforeclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionggoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 10238417C. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NA AS SUCCESSOR BY MERGER TO LASALLE BANK NA, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2005-AQ1, PO Box 293150, Lewisville, TX 75029. 2. The name(s) and address(es) of the Defendant(s) is/are MICHAEL D. BLUMENTHAL, 315 South Pitt Street, Carlisle, PA 17013, who is/are the mortgagor(s) and record owner(s) of the mortgaged premises hereinafter described. 3. On January 12, 2005 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to ARGENT MORTGAGE COMPANY, LLC, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County on January 26, 2005 as Book 1895 Page 2322. The mortgage has been assigned to: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NA AS SUCCESSOR BY MERGER TO LASALLE BANK NA, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2005-AQ1 by assignment of Mortgage recorded on January 11, 2007 as Book 733, Page 2246. The Mortgage and Assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for January 01, 2009 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage as of February 16, 2011: Principal Balance ................................................................................. Interest from 12/01/2008 through 02/16/2011 at 8.1000% .................. Late Charges ........................................................................................ Escrow Advance .................................................................................. BPO/Appraisals ................. Property Inspection ........... Reasonable Attorney's Fee $148,830.05 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. Plaintiff reserves the right to request additional attorney's fees if the complexity of the action results in fees in excess of the amount demanded. Further, Plaintiff will request recovery of all costs incurred in this action including, but not limited to, costs of suit, process serving and skip tracing, title searches, recording costs and any other costs of the action in accordance with the mortgage documents and applicable law. .....$121,229.19 .......$21,706.25 ............$223.64 .........$3,902.32 ............$350.00 .................................................................................$118.65 ............................................................................$1,300.00 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail on July 28, 2010, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $148,830.05, together with interest at the rate of $26.90 per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: GOLD MCCAFF RTY & MCKEEVER Michael McKe-eVVr-PaJb 56129 Gary McCafferty Pa. ID 42386/ Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff VERIFICATION Allesha Crawley , as the representative of the servicing agent for the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 3 - A 2 - 1 Allesha Crawley President U. S. B NATIONAL 'AS S ION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NA AS SUCCESSOR BY MERGER TO LASALLE BANK NA, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2005-AQ1, BY EMC MORTGAGE CORPORATION, AS ATTORNEY INFACT #102384FC - MICHAEL D. BLUMENTHAL 315 South Pitt Street Carlisle, PA 17013 Ex,hibit,4 Stewart Title Commitment Number: ZM120033AM" SCHEDULE C PROPERTY DESCRIPTION The land referred to In this Commitment is described as follows: ALL that certain tract of land together with the Improvements thereon erected, located In the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on South Pitt Street, at the Soulh-westem comer of lot now our formady of. Ira E. Zeigler; thence in an Easterly direction along said lot now or formerly of Ira I, Zeigler, 110 feet, more or lass, to a 9 foot alley; thence in a Southerly direction along the said 9 foot slay, 30 feet to a polr>r thence in a Westerly direction along lard formady of Welter Stuart and Jacob H. Foremen, now or formerly of J. Harvey Heagy, 110 feet, more or less, to South Pitt Street; thence in a Northerly direction along sold South Pitt Street, to a point, the Place of BEGINNING. CONTAINING 30 feet in front on South Pitt Street, and extending back an even width 110 feet, more or less, to a 9 foot alley. HAVING thereon erected a 2-112 stay brick dweling house known as 315 South Pitt Street, Caftle, Pennsylvania 17013. BEING Lot No. 1. Parcel # 04-21-0320-606 ALTA CammitrrMI Sdsedule C R M120033AALPFD120a4120033AM15) BX 1895PG2338 Ey?ohifiit (B 111prtz,rry, i. "3stjirsr r: z,. n EMC Mortgage Corporation PO BOX 293150 Lewisville, TX 75029-3150 07/28/2010 1067 8 4 89?I Michael D Blumenthal 315 S Pitt Street Carlisle, PA 17013 Your house is your home. We want to keep it that way. We need to talk -- call (888) 609-2379 today. You're going through tough times - we can help. In fact, we believe your home loan may be eligible for a loan workout - we may be able to change the terms of your loan, including the interest rate, to reduce the monthly payment to an amount you can afford. Call us today at (888) 609-2379 so we can help you turn things around. We'll discuss your current situation (outlined in the enclosed letter) and the options available to you. But we cannot stress enough that the longer you delay calling us-the fewer chances you may have to keep your home. It will only take a few minutes on the phone--one of our Loan Specialists will work with you to determine the option that best fits your needs. There are several options available-call us now and let's see which one will work best for you. We are committed to working with you to find a way to help you keep your home, but you must call us immediately at (888) 609-2379-the longer you delay the fewer options you may have. Homeowner's Assistance Department EMC Mortgage Corporation (888) 609-2379 (800) 735-2989 TDD / Text Telephone P.S. The enclosed letter outlines your loan status and the consequences that will occur unless we receive the required financial information from you and can approve you for a loan workout. Once you call us with the information needed, then we can work together to determine the option that will work best for you. We cannot guarantee that you will be approved, but your only chance of saving your home is by contacting us immediately. Please don't delay-call us now at (888) 609-2379. FCL MTM EMC_ ?Jrr;'f,?-`?iY,.'r• { :rrf?r:rrYferrt EMC Mortgage Corporation PO BOX 293150 Lewisville, TX 75029-3150 07/28/2010 (0e6 a -s a?e sq?l Michael D Blumenthal 315 S Pitt Street Carlisle, PA 17013 Acceleration Warning (Notice of Intent to Foreclose) Account: 41?111W (the "Loan") Property Address: 315 S Pitt Street Carlisle, PA 17013 (the "Property") Dear Mortgagor(s): ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided ii The HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the rogram works. To see if HEMAP can help, you must MEET WITH A CONSUMER REDIT COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the The name, address, and phone number of Consumer Credit Counseling Agencie •ving your County_ are listed at the end of this Notice. If you have any questions, may call the Pennsylvania Housing Finance Agency toll-free at (800) 342-2397 (Persons with impaired hearing may call [7171780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. Page Two LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Michael D Blumenthal 315 S Pitt Street Carlisle, PA 17013 0010192680 ARGENT MORTGAGE COMPANY, LLC EMC Mortgage Corporation HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three [3] days for mailing). During that time, you must arrange and attend a face-to-face meeting with one of the Consumer Credit Counseling Agencies listed at the end of this Notice.THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the Consumer Credit Counseling Agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated Consumer Credit Counseling Agencies for the county in which the Property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). Page Three You have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Program ("HEMAP"). To do so, you must fill out, sign, and file a completed HEMAP Application with one of the designated Consumer Credit Counseling Agencies listed at the end of this Notice. Only Consumer Credit Counseling Agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency ("PHFA"). To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to the PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH THE PHFA WITHIN THIRTY (30) DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE ACTION AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (bring it up to date). NATURE OF THE DEFAULT - The mortgage debt held by the above lender on your Property located at: 315 S Pitt Street, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS starting 01/01/2009 through 07/28/2010, and the following amounts are now past due. If you have any questions about the amounts below, please contact us as soon as possible at (800) 723-3004. Total Monthly Payments Past Due: $21,636.82 Late Charge(s): $223.64 NSF Fees: $0.00 Other Fees and Advances*: $3,257.50 Amount Held in Suspense: $0.00 TOTAL AMOUNT DUE TO CURE DEFAULT: $25,117.96 *Other Fees and Advances include those amounts allowed by your Note and Security Instrument. If you need additional information regarding the fees, please contact us at the number provided below. HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $25,117.96, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30)-DAY PERIOD. Payments must be made in the form of cash cashier's check money order, or certified check and sent to: Page Four Regular Mail: EMC Mortgage Corporation PO BOX 660753 Dallas, TX 75266-0753 Overnight Mail: EMC Mortgage Corporation 1010 West Mockingbird Lane Suite 100 Dallas, TX 75247-5126 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged Property. IF THE MORTGAGE IS FORECLOSED UPON -_The mortgaged Property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs.If you cure the default within the THIRTY (30)-DAY period, you will not be required to nav attorney fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30)-DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriffs Sale as specified in writing by the lender, and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a sheriffs sale of the mortgaged Property could be held would be approximately five to six (5-6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: EMC Mortgage Corporation Address: PO BOX 660753 Dallas, TX 75266-0753 Toll Free: (800) 723-3004 Fax Number: (877) 601-2677 Contact Person: Patricia Oliver Email Address: Patricia.L.Oliver@jpmorgan.com Contact Person: Catherine Pacheco Email Address: Catherine.X.Pacheco@jpmorgan.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged Property and your right to occupy it. If you continue to live in the Property after the sheriffs sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. Page Five ASSUMPTION OF MORTGAGE -- You may be eligible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. To determine eligibility, you must contact our office to verify the assumability of your Property. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, Collections Department EMC Mortgage Corporation (800) 723-3004 (800) 735-2989 TDD / Text Telephone Enclosures 1. Federal Trade Commission Pamphlet 2. HEMAP Consumer Credit Counseling Agencies CERTIFIED MAIL: Return Receipt Requested and First Class Mail An important reminder for all our customers: As stated in the "Questions and Answers for Borrowers about the Homeowner Affordability and Stability Plan" distributed by the Obama Administration, "Borrowers should beware of any organization that attempts to charge a fee for housing counseling or modification of a delinquent loan, especially if they require a fee in advance." EMC Mortgage Corporation offers loan modification assistance free of charge (i.e., no modification fee required). Please call us immediately at (888) 609-2379 to discuss your options. The longer you delay the fewer options you may have. EMC Mortgage Corporation is attempting to collect a debt, and any information obtained will be used for that purpose. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. BE860 HEMAP CONSUMER CREDIT COUNSELING AGENCIES— PENNSYLVANIA AGENCIES PHONE ADDRESS CITY ZIP CODE CCCS of Western PA 888-511-2227 524 Franklin Avenue Aliquippa 15001 Housing Opportunities of Beaver County 724-728-7511 320 College Avenue Unit 1 Beaver 15009 Housing Opportunities of Beaver County, Inc. 724-728-7511 282 East End Avenue Beaver 15010 Mon Valley Initiative 412-464-4000 303-305 E 8th Avenue Homestead 15120 CCCS of Western PA 888-511-2227 2403 Sidney Street River Park Commons Pittsburgh 15203 Action-Housing Inc. 412-281-2102 425 6th Avenue - Suite 950 Pittsburgh 15219 Neighborworks Western PA, formerly Neighborhood Housing Services Inc. 412-281-9773 710 5th Avenue - Suite 1000 Pittsburgh 15219 PA Housing Finance Agency 412-429-2842 2275 Swallow Hill Road Bldg 200 Pittsburgh 15220 Three Rivers Center for Independent Living 412-371-7700 900 Rebecca Avenue Pittsburgh 15221 Fair Housing Partnership of Greater Pittsburgh, Inc. 412-391-2535 2840 Liberty Avenue - Suite 205 Pittsburgh 15222 Urban League of Greater Pittsburgh 412-227-4163 610 Wood Street Pittsburgh 15222 Garfield Jubilee Associates 412-665-5200 5138 Penn Avenue Pittsburgh 15224 Nazareth Housing Services 412-931-6996 301 Bellevue Road Pittsburgh 15229 CCCS of Western PA 888-511-2227 41 E Chestnut Street Washington 15301 Community Action Southwest 724-255-9550 150 W Beau StreetSuite 304 Washington 15301 Southwestern PA Legal Services, Inc 800-846-0871 10 W Cherry Avenue (Central Office Washington 15301 Southwestern PA Legal Services, Inc. 800-846-0871 63 S Washington Street Waynesburg 15370 Fayette County Community Action Agency 724-437-6050 140 N Beeson Avenue Uniontown 15401 Southwestern PA Legal Services, Inc 800-846-0871 132 E Catherine Street Somerset 15501 CCCS of Western PA 888-511-2227 1 Northgate Square Greensburg 15601 Westmoreland Community Action 724-834-1260 226 S Maple Avenue Greensburg 15601 Indiana County Community Action Program, Inc. 724-465-2657 827 Water Street P.O. Box 187 Indiana 15701 The NORCAM Group 814-948-4446 4200 Crawford Avenue Suite 200 Northern Cambria 15714 Northern Tier Community Action Corporation 814-486-1161 135 W 4th Street Emporium 15834 CCCS of Western PA 888-511-2227 112 Hollywood Drive - Suite 101 Butler 16001 Housing Authority of Butler County 724-287-6797 114 Woody Drive Butler 16001 Lawrence County Social Services, Inc. 724-658-7258 241 W Grant Street P.O. Box 189 New Castle 16103 Shenango Valley Urban League 724-981-5310 601 Indiana Avenue Farrell 16121 CCCS of the Midwest 800-355-2227 734 Stambaugh Avenue Sharon 16146 Community Action Partnership of Mercer County 724-342-6222 75 S Dock Street Sharon 16146 Armstrong County Community Action Agency 724-548-3405 124 Armsdale Road - Suite 211 Kittanning 16201 CCCS of Western PA 888-511-2227 312 Chestnut Street - Suite 227 Meadville 16335 Center for Family Services, Inc. 814-337-8450 213 W Center Street Meadville 16335 Warren Forest Counties EOC 814-726-2400 1209 Pennsylvania Avenue W P.O. Box 547 Warren 16365 Greater Erie Community Action Agency 814-459-4581 18 W 9th Street Erie 16501 Booker T. Washington 814-453-5744 1720 Holland Street Erie 16503 Saint Martin Center, Inc. 814-452-6113 1701 Parade Street Erie 16503 Voices for Independence 814-874-0064 1107 Payne Avenue Erie 16503 Bayfront Nato, Inc. 814-459-2761 312 Chestnut Street Erie 16507 CCCS of Western PA 888-511-2227 4402 Peach Street Erie 16509 Blair County Community Action Agency 814-946-3651 2100 6th Avenue - Suite 102 P.O. Box 1833 Altoona 16602 CCCS of Western PA 888-511-2227 917 A Logan Boulevard Ro al/Remax Plaza Altoona 16602 CCCS of Northeastern PA 814-238-3668 202 W Hamilton Avenue State College 16801 The Trehab Center of Northeastern PA 570-724--5252 144 E East Avenue Wellsboro 16901 Pennsylvania Housing Finance Agency 717-780-3907 211 N Front Street Harrisburg 17101 CCCS of Western PA 888-511-2227 2000 Linglestown Road Harrisburg 17110 Fair Housing Council of the Capital Region, Inc. 717-238-9540 2100 N 6th Street Harrisburg 17110 Loveship, Inc. 717-232-2207 2320 N 5th Street Harrisburg 17110 PHFA 717-780-3940 211 N Front Street Harrisburg 17110 Maranatha 717-762-3285 43 Philadelphia Avenue Waynesboro 17268 CCCS of Western PA 888-511-2227 55 Clover Hill Road Dallastown 17313 Adams County Interfaith Housing Authority 717-334-1518 40 E High Street Gettysburg 17325 American Red Cross - Hanover Chapter 717-637-3768 529 Carlisle Street Hanover 17331 Housing Alliance of York 717-854-1541 35 S Duke Street York 17401 Opportunity, Inc. 717-424-3645 301 E Market Street York 17403 SACA Development Corp. 717-399-4292 453 S Lime Street Suite B Lancaster 17602 Base, Inc. 717-392-5467 447 S Prince Street Lancaster 17603 Tabor Community Services, Inc. 717-397-5182 308 E King Street Lancaster 17608 CCCS of Northeastern PA 570-323-6627 201 Basin Street - Suite 600 Williamsport 17701 Lycoming-Clinton Counties Commission for Community Action 570-326-0587 2138 Lincoln Street P.O. Box 3568 Williamsport 17703 CCCS of Northeastern PA 800-922-9537 217 S Center Street Sunbury 17801 CCCS of Northeastern PA 800-922-9537 702 Sawmill Road Bloomsburg 17815 Schuylkill Community Action 570-622-1995 225 N Centre Street Pottsville 17901 Community Action Committee of Lehigh Valley, Inc. 610-691-5620 1337 E 5th Street Bethlehem 18015 El Shaddai Bethlehem Ministries 610-625-3500 529 E Broad Street Bethlehem 18018 CCCS of Lehigh Valley, A Division of MMI 800-220-2733 306 Spring Garden Street Easton 18042 CCCS of Lehigh Valley, A Division of MMI 800-220-2733 3671 Crescent Court E Whitehall 18052 Alliance for Building Communities 610-439-7007 830 Hamilton Mall Allentown 18101 Neighborhood Housing Services of the Lehigh Valley 610-437-4571 239 N 10th Street Allentown 18102 Catholic Charities Diocese of Allentown 610-435-1541 530 Union Boulevard Allentown 18109 CCCS of Northeastern PA 800-922-9537 81 S Church Street Hazleton 18201 Opportunity, Inc. 570-236--7642 West End Plaza Unit No. 10 Brodheadsville 18322 CCCS of Northeastern PA 570-420-8980 411 Main Street - Suite 102 Stroudsburg 18360 CCCS of Northeastern PA 800-922-9537 232 Sunrise Avenue Route 191 Honesdale 18431 The Trehab Center of Northeastern PA 570-253-8941 1225 Main Street Honesdale 18431 Catholic Social Services 570-558--3019 Saint Catherine Manor 5 Knox Road Scranton 18505 Catholic Social Services, Diocese of Scranton 570-207--2283 516 Fig Street Scranton 18505 United Neighborhood Centers of Northeastern PA 570-346-0759 425 Alder Street Scranton 18505 Neighborhood Housing Services of Lackawanna County 570-558--2490 709 E Market Street Scranton 18509 Opportunity, Inc. 570-236--7642 Aharts Plaza/Key Real Estate Route 115 and 940 Blakeslee 18610 The Trehab Center of Northeastern PA 570-928-9667 German Street P.O. Box 389 Dushore 18614 American Credit Counseling Institute 888-468-8847 212 Berwick-Hazelton Highway Nescopeck 18635 CCCS of Northeastern PA 570-602-2227 401 Laurel Street Pittston 18640 The Trehab Center of Northeastern PA 570-836-6840 115 SR 92S Tunkhannock 18657 CCCS of Northeastern PA 570-821-0837 77 E Market Street, 7th Floor Wilkes Barre 18701 Commission on Economic Opportunity of Luzerne County 570-826-0510 165 Amber Lane P.O. Box 1127 Wilkes Barre 18703 The Trehab Center of Northeastern PA 570-278-5227 10 Public Avenue Montrose 18801 The Trehab Center of Northeastern PA 570-888-0412 703 S Elmer Avenue Suite M.6 Sayre 18840 Bucks County Housing Group 215-598-3566 2324 2nd Street Pike - Suite 17 Wrightstown 18940 CCCS of Lehigh Valley, A Division of MMI 800-220-2733 127 S 5th Street Quakertown 18951 Credit Counseling Center 215-396-1880 832 2nd Street Pike 18954 American Credit Counseling Institute 215-444-9429 530 W Street Road - Suite 201 Warminster 18974 Opportunity, Inc. 610-660-8687 Two Bala Plaza Suite 300 Philadelphia 19004 CCCS of the Delaware Valley 215-563-5665 1230 New Rogers Road - Suite F1 Bristol 19007 American Red Cross of Chester 610-874-1484 1729 Edgemont Avenue Chester 19013 CCCS of the Delaware Valley 215-566-5335 130 E 7th Street Chester 19013 American Financial Counseling Services 267-228-7903 871 N Easton Road Glenside 19038 CCCS of the Delaware Valley 800-989--2227 261 Old York Road Pavilion Suite 401 Jenkintown 19046 CCCS of the Delaware Valley 215-563--5665 280 N Providence Road Media 19063 Media Fellowship House 610-565-0434 302 S Jackson Media 19063 CCCS of the Delaware Valley 215-566--5335 240 N Bishop Street Springfield 19064 American Credit Alliance 215-295-7195 2 S Delmorr Avenue Morrisville 19067 Advocates for Financial Independence 215-389--2810 202 E Hinkley Avenue Ridley Park 19078 American Credit Counseling Institute 610-971--2210 175 Strafford Avenue - Suite 1 Wayne 19087 Housing Association of Delaware Valley 215-545--6010 1500 Walnut Street Suite 601 Philadelphia 19102 Unemployment Information Center 215-557--0822 112 N Broad Street 11th Floor Philadelphia 19102 CCCS of the Delaware Valley 215-563-5665 1608 Walnut Street 10th Floor Philadelphia 19103 PA Council For Community Advancement 215-567--7803 100 N 17th Street Suite 600 Philadelphia 19103 Philadelphia Council for Community Advancement 215-567--7803 1617 JFK Boulevard - Suite 1550 Philadelphia 19103 Urban League of PA 215-985--3220 1818 Market Street 20th Floor Philadelphia 19103 Intercultural Family Services, Inc. 215-386--1298 4225 Chestnut Street Philadelphia 19104 The Partnership CDC 215-662-1612 4027 Market Street Philadelphia 19104 Liberty Resources 215-634--2000 714 Market Street Suite 100 Philadelphia 19106 CCCS of the Delaware Valley 215-563-5665 901 A Wood Street Philadelphia 19107 Philadelphia NHS 215-988-9879 121 N Broad Street #502 Philadelphia 19107 Urban League of PA 215-985--3220 121 S Broad Street 9th Floor Philadelphia 19107 American Financial Counseling Services 267-228--7903 1917 Welsh Road Philadelphia 19115 MT. Airy, USA 215-844--6021 6703 Germantown Avenue - Suite 200 Philadelphia 19119 Korean Community Development Services Center 215-276-8830 6053-55 N 5th Street Philadelphia 19120 APM 215-235--6788 2147 N 6th Street Philadelphia 19122 Association De Puertorriquenos En Marcha 215-235-6070 600 W Diamond Street Philadelphia 19122 Housing Association of Delaware Valley 215-978--0224 1528 Walnut Street Philadelphia 19123 NACA Philadelphia, PA 215-531--5221 1341 N Delaware Avenue - Suite 312 Philadelphia 19125 New Kensington Community Development Corp. 215-427--0350 2515 Frankford Avenue Philadelphia 19125 Carroll Park Community Council, Inc. 215-877--1157 5218 Master Street Philadelphia 19131 Hispanic Alliance for Community Advancement 215-667-8932 2740 N Front Street Philadelphia 19133 CCCS of the Delaware Valley 800 989-2227 7340 Jackson Street Philadelphia 19136 West Oak Lane Community Development 215-224-0880 7300-02 Ogontz Avenue Philadelphia 19138 CCCS of the Delaware Valley 215-566-5335 4400 N Reese Street Philadelphia 19140 Hispanic Association of Contractors and Enterprises 215-426-8025 167 W Allegheny Avenue, Suite 200 Philadelphia 19140 Nueva Esperanza 215-324-0746 4261 N 5th Street Philadelphia 19140 FOB CDC 215-549-8755 1201 W Olney Avenue Philadelphia 19141 Northwest Counseling Service 215-324-7500 5001 N Broad Street Philadelphia 19141 West Oak Lane 215-224-0880 6259 Limekiln Pike Philadelphia 19141 Southwest Community Development Corp. 215-729-0800 6328 Paschall Avenue Philadelphia 19142 Germantown Settlement 215-849-3104 5538 Wayne Avenue Building C Philadelphia 19144 Advocates for Financial Independence 215-389-2810 1806 S Broad Street - Suite 1 B Philadelphia 19145 Esperanza 215-336-3511 1920 S 20th Street Philadelphia 19145 South PA H.O.M.E.S. 215-334-4430 1444 Point Breeze Avenue Philadelphia 19146 Universal Companies 215-732-6518 800 S 15th Street Philadelphia 19146 Philadelphia Senior Center 215-546-5879 509 S Broad Street Philadelphia 19147 United Communities Southeast PA 215467-8700 2029 S 8th Street Philadelphia 19148 American Credit Counseling Institute 888-212-6741 229 E Chestnut Street 1st Floor Coatesville 19320 CCCS of the Delaware Valley 215-563-5665 1001 E Lincoln Highway Suite 102 Coatesville 19320 Housing Partnership of Chester County 610-518-1522 41 W Lancaster Avenue Downingtown 19335 Alliance for Better Housing, Inc. 610-925-1880 648 Buena Vista Drive Kennett Square 19348 American Credit Counseling Institute 888-212-6741 21 S Church Street West Chester 19380 CCCS of the Delaware Valley 800-989-2227 790 E Market Street - Suite 170 West Chester 19382 American Credit Counseling Institute 601-971-2210 526-528 Dekalb Street Norristown 19401 CCCS of the Delaware Valley 215-563-5665 113 E Main Street - 2nd Floor Norristown 19401 Consumer Credit Counseling Service of Delaware 610-272-0578 190 Germantown Pike, Suite 140 Norristown 19401 Genesis Housing Corp. 610-275-4357 208 DeKalb Street P.O. Box 1170 Norristown 19401 American Financial Counseling Services 267-228-7903 405 W Germantown Pike Norristown 19403 CCCS of the Delaware Valley 800-989-2227 1777 Sentry Parkway West Blue Bell 19422 American Financial Counseling Services 267-228-7903 2880 Bergey Road - Suite 4 Hatfield 19440 American Credit Counseling Institute 888-212-6741 937 N Hanover Street Pottstown 19460 CCCS of Lehigh Valley, A Division of MMI 800-220-2733 1954 E High Street Pottstown 19464 PA Interfaith Community Programs, Inc. 610-562-2288 22 Willow Road Hamburg 19526 Budget Counseling Center 610-375-7866 247 N 5th Street Reading 19601 Neighborhood Housing Services of Reading, Inc. 610-372-8433 213 N 5th Street - Suite 1030 Reading 19601 American Financial Counseling Services 267-228-7903 906 Penn Avenue Wyomissing 19610 Rev. 10/09 BE860 Facing foreclosure? Scammers are targeting people having trouble paying their mortgages. Some claim to be able to "rescue" homeowners from foreclosures, while others promise loan modifications - for a fee. The Federal Trade Commission, the nation's consumer protection agency, wants you to know how to avoid scams that could make your housing situation go from bad to worse. Don't Get Hit by a Pitch. "We can stop your foreclosure!" "97% success rate!" "Guaranteed to save your home!" These kinds of claims are the tell-tale signs of a foreclosure rip-off. Steer clear of anyone who offers an easy out. Don't Pay for a Promise. Don't pay any business, organization, or person who promises to prevent foreclosure or get you a new mortgage. These so-called "foreclosure rescue companies" claim they can help save your home, but they're out to make a quick buck. Some may request hefty fees in advance - and then stop returning your calls. Others may string you along before disclosing their charges. Cut off all dealings if someone insists on a fee. Send Payments Directly. Some scammers offer to handle financial arrangements for you, but then just pocket your payment. Send your mortgage payments ONLY to your mortgage servicer. Don't Pay for a Second Opinion. Have you applied for a loan modification and been turned down? Never pay for a "second opinion." Imitations = Frustrations. Some con artists use names, phone numbers, and websites to make it look like they're part of the government. If you want to contact a government agency, type the web address directly into your browser and look up any address you aren't sure about. Use phone numbers listed on agency websites or in other reliable sources, like the Blue Pages in your phone directory. Don't click on links or open any attachments in unexpected emails. Talk to a HUD-Certified Counseling Agency - For Free. If you're having trouble paying your mortgage or you've already gotten a delinquency notice, free help is a phone call away. Call 1-888- 995-HOPE for free personalized advice from housing counseling agencies certified by the U.S. Department of Housing and Urban Development (HUD). This national hotline - open 24/7 - is operated by the Homeownership Preservation Foundation, a nonprofit member of the HOPE NOW Alliance of mortgage industry members and HUD-certified counseling agencies. For free guidance online, visit www.hopenow.com. For free information on the President's plan to help homeowners, visit www.makinghomeaffordable.gov. - Federal Trade Commission ftc.gov/MoneyMatters Call 1-888-995-HOPE for free personalized guidance from housing counseling agencies certified by the U.S. Department of Housing and Urban Development. The Homeowner's HOPETM Hotline - open 24/7 - is operated by the Homeownership Preservation Foundation, a nonprofit member of the HOPE NOW Alliance of mortgage industry members and HUD-certified counseling agencies. Or visit www.hopenow.com For free information on the President's plan to help homeowners, visit www.makinghomeaffordable.gov I* HOPENOW Support & Guidance For Homeowners %LSM MAKING ROME AFFORDABLE.oov SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff t<<,, at a m„,t,,f O THE f R0TH0NO ,, t n ', ?Q41i I,r„O f.....1 + Jody S Smith ift -I ?, ?: :7 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor PENNS YL,1A NI A US Bank Trust National Association Case Number vs. 2011-5006 Michael D. Blumenthal SHERIFF'S RETURN OF SERVICE 06/30/2011 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inqu ry for the within named defendant to wit: Michael D. Blumenthal, but was unable to locate him in his baili ick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Michael D. Blumenthal. Request for service at 315 S. Pitt Street, Carlisle, Pennsylvania 17013 is vacant. However, The Carlisle Postmaster is still delivering Michael D. Blumenthal's mail to 315 S. Pitt Street, C?arlisie, Pennsylvania 17013. SHERIFF COST: $34. June 30. 2011 SO ANSWERS, RON R ANDERSON, SHERIFF GOLDBECK McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC PO Box 293150 Lewisville, TX 75029 Plaintiff vs. MICHAEL D. BLUMENTHA.L 315 South Pitt Street Carlisle, PA. 17013 Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY MIM r po C.7, -<> Ul c r [C7 ? ? 6-zI t?-rw ? °• o r" By: G DBECK CCAFFERTY & MCKEEVER ichael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay E. Kivitz Pa. ID 26769 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff b.Cb , a P pM? I Ck.a Eg-2Uggq CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 11-5006 CIVII, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson -iL D-0 FiC1L Sheriff (ice s? + rT<01 rk' y or Jody S Smith s Chief Deputy ?} I I AUG $ PM 3• Richard W Stewart CUMBERLAND Solicitor US Bank Trust National Association vs. Case Number Michael D. Blumenthal 2011-5006 SHERIFF'S RETURN OF SERVICE 07/29/2011 07:12 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on July 29 2011 at 1912 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michael D. Blumenthal, by making known unto himself personally, at 265 S. College Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. HA SHAL EPUTY SHERIFF COST: $40.00 August 02, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF In the Court of Common Pleas of Cumberland County U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS No. 11-5006 CIVIL TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2005-AQ1 PO Box 293150 ill i TX 75029 L a Ca "'in -n ew sv e, rI r rrt Plaintiff r i t Cc 'v M vs. to '- Ca MICHAEL D BLUMENTHAL .- - i (Mortgagor(s) and Record Owner(s)) ? 2 'r7 C:)-.n 315 South Pitt Street p r ©t'a Carlisle, PA 17013 --tom Defendant(s) t PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against MICHAEL D BLUMENTHAL by default for want of an Answer. Assess damages as follows: Debt Interest from 2/15/2012 to Date of Sale per diem at $26.90 Total (Assessment of Damages attached) $158,594.75 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe as mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the cJ? ocrred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C. 7 , By: w r-?K UP, P.C. Mi haPa. ID 56129 _Ja E.26769 Lisa L020 _Kristina Murtha Pa. ID 61858 -David Fein Pa. ID 82628 -Thomas Puleo Pa. ID 27615 Ann E. Swartz Pa. ID 201926 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff O'UN a )(4.5c, Pa at Cg ? a-i i 4g ? AND NOW , 6? .C reb, oft pl , Judgment is entered in favor U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BAC D SE RTTIE LC ASSET BACKED CERTIFICATES, SERIES 2005-AQland against MICHAEL D BLUME HAL de au r want of Answer and damages assessed in the sum of $158,594.75 as per the above cent ca o . Prot Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2005-AQI PO Box 293150 Lewisville, TX 75029 Plaintiff No. 11-5006 CIVIL vs. MICHAEL D BLUMENTHAL (Mortgagors and Record Owner(s)) 315 South Pitt Street Carlisle, PA 17013 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. David D. Buell Prothonotary of Cumberland County 1 Courthouse Squ Carlisle, PA 17013 Z&O Prothonotary -DI,LI)la By: Deputy If you have any questions concerning the above, please contact: KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 102384FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: October 6, 2011 TO: MICHUL D. BLUMENTHAL 315 South Pitt Street Carlisle, PA 17013 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDBRS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC PO Box 293150 Lewisville, TX 75029 Plaintiff vs. MICHAEL D BLUMENTHAL (Mortgagor(s) and Record Owner(s)) 315 South Pitt Street Carlisle, PA 17013 Defendant(s) TO: MICI3.A.EL D. BLUMENTHAL 315 South Pitt Street Carlisle, PA 17013 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 11-5006 CIVIL IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY 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 WIfII 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 C:OUNW BAR ASSOCIATION 2 Liberty Avenue Carlisk, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 By: KML L *W ROUP, P.C. Micha McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 V Jill P. Jenkins Pa. ID 306588 215-825-6360 Attorneys for Plaintiff 102384FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: October 6, 2011 TO: MICHAEL D BLUMENTHAL 265 College Street Carlisle, PA 17013 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC PO BOX 293150 Lewisville, TX 75029 Plaintiff vs. MICHAEL D BLUMENTHAL (Mortgagor(s) and Record Owner(s)) 315 South Pitt Street Carlisle, PA 17013 Defendant(s) TO: MICHAEL D BLUMENTHAL 265 College Street Carlisle, PA 17013 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Terns No. 11-5006 CIVIL IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A BEARING 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 BUtING 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. CUIMERLAM COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 ovine Row Carlisle, PA 17013 717-243-9400 By: KML A ROUP, P.C. 'ch el McKeever Pa. ID 56129 ka Lee Pa. ID 78020 Kristine Murtha Pa. ID 61858 Davin Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 1 -Jill P. Jenkins Pa. ID 306588 215-825-6360 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2005-AQI Plaintiff VS. MICHAEL D BLUMENTHAL Defendant(s) NO. 11-5006 CIVIL VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group, P.C., as the representative for the Plaintiff in the above entitled matter, does hereby state to the best of his/her information and belief, as follows: 2. That the above named Defendant, MICHAEL D BLUMENTHAL, has a last known residence of 265 College Street, Carlisle, PA 17013. 3. That inquiry has been made with the Department of Defense as to the military status of each of the Defendants in this action. A copy of the Military Status Report is attached. 4. The Defendant is not in the military service of the United States of America as defined by the Servicemembers Civil Relief Act as amended. The undersigned understands that the statements herein are made subject to penalties of tion t uthonties 18 Pa. C.S.A. 4904 relating to unsworn fals f1i Date I 1 ( By: KML LA .C. Michael cKe ver Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay Kivitz Pa. ID 26769 Andrew Gornall Pa. ID 92382 Ann E. Swartz Pa. ID 201926 4Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Feb-14-2012 07:18:48 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency MICHAEL Based on the information you have furnished, the DMDC does not BLUMENTHAL D. possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). 14 lot 4?m_ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.miVfaq/p is/PC09SLDR.htm1. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 2/14/2012 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:N 1 PI 1 SOJD9 https://www.dindc.osd.mil/appj/scra/popreporLdo 2/14/2012 KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attornev for Plaintiff SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2005-AQI PO Box 293150 Lewisville, TX 75029 Plaintiff vs. MICHAEL D BLUMENTHAL (Mortgagor(s) and Record owner(s)) 315 South Pitt Street Carlisle, PA 17013 Defendant(s) ORDER FOR JUDGMENT IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 11-5006 CIVIL Please enter Judgment in favor of U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICAT JSA S> ZIEW005-AQ1, and against MICHAEL D BLUMENTHAL for failure to file an Answer in the above action n 20 ays in the sum of $158,594.75. By: uFm V11 ' MM Keever Pa. ID 56129 1EKivit UP, P.C. JaPa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Ann E. Swartz Pa. ID 201926 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2005-AQ1 PO Box 2931 Lewisville, /IX 75029 and that the name(s) and last known address(es) of the Defendant(s) is/are MICHAEL D BLUME J,, 205 Cege Street Carlisle, PA 17013; eP 020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Ann E. Swartz Pa. ID 201926 ?7ill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff By: P.C. P, Mic1 ael Mc Keever Pa. ID 56129 Jay . Kivit Pa. ID 26769 Lisa a. ID 78 ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 12/01/2008 through 02/14/2012 Reasonable Attorney's Fee Late Charges Escrow Advance BPO/Appraisals Property Inspection AND NOW, this 11-5006 CIVIU102384FC day of $121,229.19 $31,470.95 $1,300.00 $223.64 $3,902.32 $350.00 $118.65 By: 1-?l I -am /JAI WE - P, P.C. KML Michae McI ver Pa. ID 56129 Jay E. Kivitz a. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Ann E. Swartz Pa. ID 201926 VJill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff , 2012 damages are assessed as above. Pro Prothy PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 KML Law Group, P.C. S`trt Suite 5000 - BNY Independence Center ca -0 701 Market Street cn es c? ; Philadelphia, PA 19106 F - 215-627-1322 Attorney for Plaintiff o p U.S. BANK NATIONAL ASSOCIATION, AS --i - 71 TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF "` AMERICA, NATIONAL ASSOCIATION AS IN THE COURT OF COMMON PLEAS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR of Cumberland County CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET CIVIL ACTION - LAW BACKED CERTIFICATES, SERIES 2005-AQ1 PO Box 293150 Lewisville, TX 75029 VS. Plaintiff MICHAEL D BLUMENTHAL Mortgagor(s) and Record Owner(s) 315 South Pitt Street Carlisle, PA 17013 TO THE PROTHONOTARY: Defendant(s) ACTION OF MORTGAGE FORECLOSURE No. 11-5006 CIVIL PRAECIPE FOR WRIT OF EXECUTION Issue Writ of Execution in the above matter: l"/ 'Sy oo aF 14 0. Oo a sr Ra.oo«? 1O. W 11 w t(P.SDt, k A so uw 2-S Amount Due Interest from 2/15/2012 to Date of Sale per diem at $26.90 (Costs to be added) 4 $158,594.75 A R/ By: A GROUP, P.C. Micha 1 M Keever Pa. ID 56129 Jay E. 'vi Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Ann E. Swartz Pa. ID 201926 __V4ill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff ekff ?L7Fy ,?? a-?r?4s ?11? ? ?x ? ? uw w ? O r H W H '? P4 ? ? ? G W ? 7C ? a Qw?Q dQ Hp wM W o O O Z ?U? rnF W o?° O 0dzW??o ' p o ar O c-4 _ OE~ ~? -? QV)0 WPc? CIO o°o M U W a ??L?daNW?? 0 'Hpv?40ce. ° W d Z` d `? O wH W v°G?W UaQW QUWU Z U w R? a U U OA o.va6 rte. ^°o i ?" r ago ?N a i ALL that certain tract of land together with the Improvements thereon erected, located in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on South Pitt Street, at the South-western corner of lot now or formerly of Ira E. Zeigler, thence in an Easterly direction along said lot or now or formerly of Ira E. Zeigler, 110 feet, more or less, to a 9 foot alley; thence in a Southerly direction along the said 9 foot alley, 30 feet to a point: thence in a Westerly direction along land formerly of Walter Stuart and Jacob H. Foreman, now or formerly of J. Harvey Heagy, 110 feet, more or less, to South Pitt Street; thence in a Northerly direction along said South Pitt Street, to a point the Place of BEGINNING. CONTAINING 30 feet in front on South Pitt Street and extending back an even width 110 feet more or less to a 9 foot alley. HAVING thereon erected a 2-1/2 story brick dwelling house known as 315 South Pitt Street. Carlisle, Pennsylvania 17013. BEING Lot No. 1, Parcel # 04-21-0320-606 MUNICIPALITY: Third Ward of the Borough of Carlisle Being the same premises by deed dated 4/30/02, given by Wilma D. Giancoli to Michael D. Blumenthal and recorded 5/6/02 in Book 251 page 2967. KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff 2Q12 FEB 1 RM 11 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2005-AQ I PO Box 293150 Lewisville, TX 75029 Plaintiff VS. MICHAEL D BLUMENTHAL Mortgagor(s) and Record Owner(s) 315 South Pitt Street Carlisle, PA 17013 Defendant(s) CERTIFICATION AS TO THE SALE OF REAL PROPERTY NO. 11-5006 CIVIL Plaintiff, by counsel, hereby certifies that it has complied with the provisions of Act 91 of 1983 and/or the real property in question is not subject to the Act. A By: ji L OUP, P.C. ael cKeever Pa. ID 56129 y . Ki itz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Ann E. Swartz Pa. ID 201926 i11 P. Jenkins Pa. ID 306588 j Attorneys for Plaintiff T?' Y??VAKUA IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 315 South Pitt Street Carlisle, PA 17013 SOLD as the property of MICHAEL D BLUMENTHAL TAX PARCEL #04-21-0320-606 KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff FILED-OFFICE rJ i'-?E PROTHONOTARY 2012 FEB 16 AM 11-. 56 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEt SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2005-AQI PO Box 293150 Lewisville, TX 75029 Plaintiff VS. MICHAEL D BLUMENTHAL (Mortgagor(s) and Record Owner(s)) 315 South Pitt Street Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 11-5006 CIVIL U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2005-AQ1, Plaintiff in the above action, by counsel, KML Law Group, P.C., sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 315 South Pitt Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): MICHAEL D BLUMENTHAL 265 College Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: MICHAEL D BLUMENTHAL 265 College Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: p E TN S Y LV ftE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 LASALLE BANK NATIONAL ASSOCIATION 909 Hidden Ridge Drive, Suite 200 Irving, TX 75038 LASALLE BANK NATIONAL ASSOCIATION c/o Kristine M. Anthou, ESQ ONE GATEWAY CTR 9TH FL PITTSBURGH, PA 15222 LASALLE BANK NATIONAL ASSOCIATION c/o MARY D. GRENEN, ESQ ONE GATEWAY CTR 9TH FL PITTSBURGH, PA 15222 4. Name and address of the last recorded holder of every mortgage of record: PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street PO BOX 15057 Harrisburg, PA 17101 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 315 South Pitt Street Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: L ? - By: KM AW OUP, P.C. Michael Mc Bever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Ann E. Swartz Pa. ID 201926 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff 11-5006 CIVIL KML Law Group, P.C. FILED-OFFICE Suite 5000- BNY Independence Center 0 F T H E P R 0 T H 0 N 0 TA `;' 701 Market Street Philadelphia, PA 19106 2012 FEB 16 AM 11: 56 (215) 627-1322 Attorney for Plaintiff CUMBERLAND. C 0 UN `I` w U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2005-AQ1 PO Box 293150 Lewisville, TX 75029 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff vs. MICHAEL D BLUMENTHAL Mortgagor(s) and Record Owner(s) 315 South Pitt Street Carlisle, PA 17013 Defendant(s, Docket No. 11-5006 CIVIL THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BLUMENTHAL, MICHAEL D. MICHAEL D BLUMENTHAL 265 College Street Carlisle, PA 17013 Your house at 315 South Pitt Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, June 06, 2012, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $158,594.75 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC against you. NOTICE OF OWNER'S RIGHTS 11-5006 CIVIL YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may he able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: hU://www.phdadelphiafed.org/foreclosure! YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 11-5006 CIVIL Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@kmllaw.grouD.com.com. Call Seth at 215-825-6329 or fax 215-825- 6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 102384FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-5006 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2005-AQ1 Plaintiff (s) From MICHAEL D. BLUMENTHAL (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: $158,594.75 L.L.: $.50 Interest from 2/15/2012 to Date of Sale per diem at $26.90 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $223.50 Other Costs: Plaintiff Paid: Date: 2/16/12 L David D. Buell, Prothonotary' /yy (Seal)__.a ?-Q- )0 Deputy RECrUESTNG PARTY: Name: JILL P. JENKINS, ESQUIRE Address: KML LAW GROUP, P.C. SUITE 5000-BNY INDEPENDENCE CENTER, 700 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 306588 KML LAW GROUP, P.C. Suite 5000 BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 .. i ? J € 'r L IT t (it. ii! J 1 i VNO iF+'', F 2,5 12 i I RLAND CDU.N Y U.S. BANK NATIONAL ASSOCIATION, WblA'z) TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC PO Box 293150 Lewisville, TX 75029 Plaintiff vs. MICHAEL D BLUMENTHAL Mortgagor(s) and Record Owner(s) 315 South Pitt Street Carlisle, PA 17013 Defendant(s) 102384FC CF: 06/17/2011 SD: 06/06/2012 $158,594.75 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 11-5006 CIVIL CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Eileen Bowden, an employee of KML Law Group, P.C., counsel of Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: Personal Service by the Sheriffs Office/ )• ( ) Certified mail by KML Law Group, P.C. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by KML Law Group, P.C. to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by KML Law Group, P.C. (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail KML Law Group, P.C. (copies of proofs of mailing attached). 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U d "O J m z uj 7 LL U M P p m U J t'9 U- W Q m o U V(nra- r SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ??r at Ciur?i??Tf Jody S Smith 4 y Q? .: ;• Chief Deputy r Richard W Stewart Solicitor c-etcErHE!i R1FF US Bank Trust National Association Case Number vs. 2011-5006 Michael D. Blumenthal SHERIFF'S RETURN OF SERVICE 03/19/2012 06:22 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Michael D. Blumenthal at 265 College Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 03/23/2012 08:16 PM - Deputy Valerie Weary, 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 315 South Pitt Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. SHERIFF COST: $911.20 March 27, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ic; GctntvSw'.* :ihe-1. im. KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC PO Box 293150 Lewisville, TX 75029 VS. MICHAEL D BLUMENTHAL Mortgagor(s) and Record Owner(s) 315 South Pitt Street Carlisle, PA 17013 Defendant(s) Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 11-5006 CIVIL SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, Eileen Bowden, an employee of KML Law Group, P.C., counsel of Plaintiff, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 315 South Pitt Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): MICHAEL D BLUMENTHAL 265 College Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: MICHAEL D BLUMENT14AL 265 College Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 LASALLE BANK NATIONAL ASSOCIATION 909 Hidden Ridge Drive, Suite 200 Irving, TX 75038 LASALLE BANK NATIONAL ASSOCIATION c/o Kristine M. Anthou, ESQ ONE GATEWAY CTR 9TH FL PITTSBURGH, PA 15222 LASALLE BANK NATIONAL ASSOCIATION c/o MARY D. GRENEN, ESQ ONE GATEWAY CTR 9TH FL PITTSBURGH, PA 15222 COMMONWEALTH OF PA, DEPT. OF LABOR AND INDUSTRY Unemployment Compensation Fund 16th Floor, L&I Building Harrisburg, PA 17121 4. Name and address of the last recorded holder of every mortgage of record: PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street PO BOX 15057 Harrisburg, PA 17101 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 315 South Pitt Street Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: May 14, 2012 KML Law Group, P.C. BY: Eileen Bowden Legal Assistant SHERIFF'S OFFICE OF CUMBERLAND COUNTY a t Ronny R Anderson Sheriff ` Jody S Smith Chief Deputy 0xx5rit5 of %t?aiaG?.r.X'r,i, , [C ?' J!, j! 13 P14 Richard W Stewart Solicitor oF-E, F - - -, 6 lft"I5aER?rii4t c llty`? i Ir PBNSYLVA, td1A US Bank Trust National Association vs. Case Number Michael D. Blumenthal 2011-5006 SHERIFF'S RETURN OF SERVICE 03/19/2012 06:22 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Es ate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Mich el D. Blumenthal at 265 College Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 03/23/2012 08:16 PM - Deputy Valerie Weary, being duly sworn according to law, states service was performed bi posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled actin i, upon the property located at 315 South Pitt Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 06/06/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice h been given according to law, he exposed the within described premises at public venue or outcry at th Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on June 06, 2012 at 10: AM. He sold the same for the sum of $1.00 to Attorney Jill Jenkins, on behalf of U.S. BANK NATIONA ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAF STEARNS ASSET BACKED SECURITIES I LLC, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $906.70 July 11, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF -19 6 pdI• CC2 S tt!lod• KML Law'Group,'P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2005-AQ1 PO Box 293150 Lewisville, TX 75029 vs. MICHAEL D BLUMENTHAL (Mortgagor(s) and Record Owner(s)) 315 South Pitt Street Carlisle, PA 17013 Plav7tiff Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 11-5006 CIVIL U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SEC 'IES I LLC ASSET BACKED CERTIFICATES, SERIES 2005-AQ1, Plaintiff in the above action, by counsel, KML Law G oup, P.C., sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the eal property located at: 315 South Pitt Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): MICHAEL D BLUMENTHAL 265 College Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: MICHAEL D BLUMENTHAL 265 College Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 LASALLE BANK NATIONAL ASSOCIATION 909 Hidden Ridge Drive, Suite 200 Irving, TX 75038 LASALLE BANK NATIONAL ASSOCIATION c/o Kristine M. Anthou, ESQ ONE GATEWAY CTIZ 9TH FL PITTSBURGH, PA 15222 LASALLE BANK NATIONAL ASSOCIATION cio MARY D. GRENEN, ESQ ONE GATEWAY CTR 9TH FL PITTSBURGH, PA 15222 4. Name and address of the last recorded holder of every mortgage of record: PENNSYLVANIA HOUSING FINANCE AGENCY 2 11 North Front Street PO BOX 15057 Harrisburg, PA 17101 5. Name and address of every other person who has any record interest in or record lien on the property and whose int*st may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property 4ich may be affected by the sale. T'ENANTS/OCCUPANTS 315 South Pitt Street Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswofn falsification to authorities. DATED: ^) By: KMI? AW OUP, P.C. Michael Mc eeve Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 618.58 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Ann E. Swartz Pa. ID 201926 Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff 1^ 11-5006 CIVIL KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 (215) 627-1322 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERT'IFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2005-AQI PO Box 293150 Lewisville, TX 75029 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff vs. MICHAEL D BLUMENTHAL Mortgagor(s) and Record Owner(s) 315 South Pitt Street Carlisle, PA 17013 Defendant(s Docket No. 11-5006 CIVIL THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BLUMENTHAL, MICHAEL D. MICHAEL D. BLUMENTHAL 315 South Pitt Street Carlisle, PA 17013 Your house at 315 South Pitt Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, June 06, 2012, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $158,594.75 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR S'TEARNS ASSET BACKED SECURITIES I LLC against you. NOTICE OF OWNER'S RIGHTS 11-5006 CIVIL YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: I . The sale will be cancelled if you pay toU.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR ST'EARNS ASSET BACKED SECURITIES I LLC, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6 You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7- You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR. ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 ?- H -5006 CIVIL Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov_ for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website: http://www.phfa.org/consumers/hc)meowners/real.4Vx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@kmllawgroup.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 102384FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. I1-5006 CIVIL KM[L Law Group, P.C. Suite 5000- BNY Independence Center 701 Market Street Philadelphia, PA 19106 (215) 627-1322 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2005-AQ1 PO Box 293150 Lewisville, TX 75029 Plaintiff vs. MICHAEL D BLUMENTHAL Mortgagor(s) and Record Owner(s) 315 South Pitt Street Carlisle, PA 17013 Defendant(s,' IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Docket No. I1-5006 CIVIL THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BLUMENTHAL, MICHAEL D. MICHAEL D BLUMENTHAL 265 College. Street Carlisle, PA. 17013 Your house at 315 South Pitt Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, June 06, 2012, at 10:00 AM, in Commissioners Hearing Rm. 2nd FL Courthouse to enforce the court judgment of $158,594.75 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC against you. NOTICE OF OWNER'S RIGHTS 11-5006 CIVIL, YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to U.S. BANK NATIONAL ASSOCIATION, A5 TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good. cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sae. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sae never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: hqp://www.philadelphiafed.oryJforeclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 :LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 1701.3 717-243-9400 11-5006 CIVEL Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.g_ov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.orz/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@kmllawgroup.corn.com. Call Seth at 215-825-6329 or fax 215-825- 6429. The figure and/or package you requested will', be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825-6318 or Fax:: 215-825-6418. Please reference our Attorney File Number of 102384FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL that certain tract of land together with the Improvements thereon erected, located in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on South Pitt Street, at the South-western corner of lot now or formerly of Ira E. Zeigler, thence in an Easterly direction along said lot or now or formerly of Ira E. Zeigler, 110 feet, more or less, to a 9 foot alley; thence in a Southerly direction along the said 9 foot alley, 30 feet to a point: thence in a Westerly direction along land formerly of Walter Stuart and Jacob H. Foreman, now, or formerly of J. Harvey Heagy, 110 feet, more or less, to South Pitt Street; thence; in a Northerlv direction along said South Pitt Street, to a point the Place of BEGINNING. CONTAINING 30 feet in front on South Pitt Street and extending back an even width 110 feet more or less to a 9 foot alley. HAVING thereon erected a 2-1/2 story brick dwelling house known as 315 South Pitt Street. Carlisle, Pennsylvania 17013. BEING Lot No. 1, Parcel # 04-21-0320-606 MUNICIPALITY: Third Ward of the Borough of Carlisle Being the same premises by deed dated 4/30/02, given by Wilma D. Giancoli to Michael D. Blumenthal and recorded 5/6/02 in Book 251 page 2967. SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 315 South Pitt Street Carlisle, PA 17013 SOLD as the property of MICHAEL D BLUMENTHAL TAX PARCEL #04-21-0320-606 WIi IT OF. EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 11-5006 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2005-AQ1 Plaintiff (s) From MICHAEL D. BLUMENTHAL (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: $158,594.75 L.L.: $.50 Interest from 2/15/2012 to Date of Sale per diem at $26.90 Atty's Comm: °0 Due Prothy: $2.25 Atty Paid: $223.50 Other Costs: Plaintiff Paid: Date: 2/16/12 David DZBII, Prothon (Seal) j Deputy REQUESTING PARTY: Name: JILL P. JENKINS, ESQUIRE Address: KML LAW GROUP, P.C. SUITE 5000-BNY INDEPENDENCE CENTER, 700 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 TRUE COPY FROM RECORD Supreme Court ID No. 306588 In Testimony whereof. I here unto set my still and the seal of SaM Court st Carlisle, Pa. This _„J J4 day of.. 20 On March 2, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, known and numbered 315 South Pitt Street, Carlisle, PA 17013 more fully described on Exhibit"A" filed with this writ and by this reference incorporated herein. Date: March 2, 2012 By: U?? For Claudia Brewbaker, Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2011-5006 Civil Term U.S. Bank National Association, as Trustee Successor in Interest to Bank of America, National Association as Successor by Merger to LaSalle Bank National Association, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2005-AQl vs. Michael D Blumenthal Atty.: Jill P. Jenkins ALL that certain tract of land together with the Improvements thereon erected, located in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on South Pitt Street, at the South-western corner of lot now or fomerly of Ira E. Zeigler, thence in an Easterly direction along said lot or now or formerly of Ira E. Zeigler, 110 feet, more or less, to a 9 foot alley; thence in a Southerly direction along the said 9 foot alley, 30 feet to a point: thence in a Westerly direction along land formerly of Walter Stuart and Jacob H. Foreman, now or formerly of J. Harvey Heagy, 110 feet, more or less, to South Pitt Street; thence in a Northerly direction along said South Pitt Street, to a point the Place of BEGINNING. CONTAINING 30 feet in front on South Pitt Street and extending back an even width 110 feet more or less to a 9 foot alley. HAVING thereon erected a 2-1/2 story brick dwelling house known as 315 South Pitt Street. Carlisle, Pennsylvania 17013. BEING Lot No.l, Parcel #; 04-21- 0320-606 MIJNICIPALITY: Third Ward of the Borough of Carlisle Being the same premises by deed dated 4/30/02, given by Wilma D. Giancoli to Michael D. Blumenthal and recorded 5/6/02 in Book 251 page 2967. 40 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 any State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland La` Journal, a legal periodical published in the Borough of Carlisle in the County and State aforese 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 regularl: 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, 27, May 4, and May 11, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberla Law Journal, a legal periodical of general circulation, and that he is not interested in the subj 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. t. Li a arie Coyne, Editor SWORN TO AND SUBSCRIBED before me this Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify tihat the Sheriff's Deed in which U.S. Bank N.A. as Trustee to Bank of Ameri( to Lasalle Bank National Assoc as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC is the grantee the same having been sold to said grantee on the 6 day of June A.D, 2012, under and by virtue of a writ Execution issued on the 16 day of February, A.D., 2012, out Court of Common Pleas of said County as of Civil Term, 2011 Number 5006, at the suit of to Bank Assoc as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC against Mi hael L. Blumenthal is duly recorded as Instrument Number 201221041. IN TESTIMONY WHEREOF, I have hereunto set m}, hand and 1 of said office this day of ,ber4nd t bu PA My mmi?ion .? ft Fat M0M* of N1 he Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE= CUMBERLAND COUNTY COURT HOUSE Zbe?latriot 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 f the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, i6 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 Sate aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18?1h, 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 no 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 s tement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted sev rally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recordi g 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: ff p4/27/12 05/04/12 ?. 65/11/12 I ? Sworn to d 915scribed b or a thf day of May, 2012 A. D. Notary Public 4 COMMONWEALTH OF PENNSYLVANL4 Notarial i L Sherrie L. Owens, Notary Public Lower Paxton Twp., Dauphin County My CommisslOrl Expires Nov. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 2011,5006 Cbli Term . • Bank National AasochMon, Trustee successor In Inte rest to Bank of National Ass ocIn't1on as Successor by Merger to LasaNe Bank National Assoclatkon, as Trustee for Cer<fHcateholders of Bear Backed s "Uqs Asset LLC Asset ked mss, series 20O6.AQ1 Michael D Blumenthal Atty: Jiff P. Jenkins ALL that certain tract of land together with the Improvements thereon erected, located in the Third Ward of the Borough of Curhsle, Cumberland County Pennsyhania, bounded and dZibed as ows: B RIWG at a _ . S t, at the South-western comer of t now or fomerly of Ira E. Zeigler, then in an Easterly direction along said lot or now or formerly of Ira E. Zeigler, 110 feet, more or less, to a 9 foot alley; thence in a Southerly direction along the said 9 foot alley, 30 feet to a point: thence in a Westerly direction along land formerly of Walter Stuart and Jacob H. Foreman, now or formerly of J. Harvey Heagy,110 feet, more or less, to South Pitt Street; the m a Northerly direction along said SouPitt Street, to a point the Place of BEGINNING. CO G 30 feet in front on South Pitt eet and extending back an even width 110 feet more or less to a 9 foot alley. HAVING thereon erected a 2-1/2 story brick dwelling house known as 315 South Pitt Street. Carlisle, Pennsylvania 17013. BEING Lot No.1, parcel # 0421-0370-606 MUMCIPALITY: Third Ward of the Borough of Carlisle Being the same premises by deed dated 4/30/02, given by Wilma D. Giancoli to Michael D. Blumenthal and recorded 5/6/02 in Book 251 page 2967.