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HomeMy WebLinkAbout11-5238SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff -iKE Jody S Smith Chief Deputy Richard W Stewart Solicitor io11 JUL 26 A 8: PENNSYLVpMA US Bank Trust National Association vs. Devin L. Montgomery Case Number 2011-5238 SHERIFF'S RETURN OF SERVICE 06/28/2011 08:57 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on June 28, 2011 at 2057 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jae Chung, by making known unto himself perso Ily, current occupant at 100 Brook Meadow Drive, Mechanicsburg, Cumberland County, Penns #a is 0 its contents and at the same time handing to him personally the said true and correct copifjt e . ,DEPUTY 06/30/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Devin L. Montgomery, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Devin L. Montgomery. Request for service at 100 Brook Meadow Drive, Mechanicsburg, Pennsylvania 17050 the Defendant was not found. 07/15/2011 11:49 AM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 15, 2011 at 1149 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Devin L. Montgomery, by making known unto himself personally, at 106 N. Market Street, #2, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the e. ('gloaj AMANDA COBAUGH, DEPU SHERIFF COST: $95.00 July 18, 2011 SO ANSWERS, RON _ R ANDERSON, SHERIFF SOU=l1 lYC ,hP.^ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank Trust National Association, as Trustee for LSF7 NPL VI Trust Plaintiff V. Devin L. Montgomery Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 11-5238 civil ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: c.-a rTi M ? r- r' ? . C') ZO a?• G -v w Q (_Il Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter C:) Fri r-- . M CD , -i C3 -1 xF M V for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal $ 222,226.55 Interest from 06/02/11 to 08/17/11 $ 3,648.26 Total $ 225,87 .81 '-?A o_'t tt" TERR NCE J. McCA , ESQUIRE MARC S. WEISBERG, ESQUIRE •14.d'' EDWARD D. CONWAY, ESQUIRE ` MARGARET GAIRO, ESQUIRE c(L ???? Attorneys for Plaintiff 0(0$4 7 S AND NOW, this -0 day of , 2011, Judgment is entered in favor of Plaintiff, U.S. ank Trust National Association, as Trustee for LSF7 NPL VI Trust, and against Defendant, Devin L. Montgomery, and damages are assessed in the amount of $225,874.81, plus interest and costs. BY THE P HO Y N McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank Trust National Association, as Trustee for LSF7 NPL VI Trust Plaintiff V. Devin L. Montgomery Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 11-5238 civil AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. The undersigned, being duly sworn according to law, deposes and says that the Defendant, Devin L. Montgomery, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Devin L. Montgomery, is over eighteen (18) years of age, and reside as follows: Devin L. Montgomery 106 North Market Street #2 Mechanicsburg, Pennsylvania 17050 SWORN AND SUBS BED BEFO ME T DAY OF u 2011 NOTARY PUBLIC COMMCNWCALr;, jFFCNNF-YLVANIA NOTARIAL .SEAL Cherice A. Wallace-Notary Public City of Fhiladelohi Philadelphia County MY COMti+ f ;iP eX?;15 APR. 06, 2015 TER NCE J. McCAB , ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank Trust National Association, as Trustee for LSF7 NPL VI Trust Plaintiff V. Devin L. Montgomery Defendant Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-5238 civil AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing address of the Defendant is: Devin L. Montgomery 106 North Market Street #2 Mechanicsburg, Pennsylvania 17050 SWORN AND SUBSCRIBED BEFO ME zTg? L?J_ DAY OF 20?1/1 ?- n???? UV GiXt%??"? NOTARY PUBLIC COMMONWEALTH r" PENNSYLVANIA NOTAV. 4 l,. SEAL Cherice A, wziiace-?Niotary Public City of Pn !4c=.i a, hiiaa, ';phla County MY COMh A?R. 6, 2015 TERR NCE J. MCCABE, ESQUIRE( MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank Trust National Association, as Trustee for LSF7 NPL VI Trust Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff V. Number 11-5238 civil Devin L. Montgomery Defendant CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would be entered against him/her within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN AND SUBSCRIBED TERR NCE J. McCABE ESQUIRE BEF ME TH DAY MARC S. WEISBERG, ESQUIRE OF U , 2011 EDWARD D. CONWAY, ESQUIRE W , ?? MARGARET GAIRO, ESQUIRE W Attorneys for Plaintiff NOTARY PUBLIC COMMONK, Of Pc. %'iNwYLVANIA EN1131 r71A-7.SE.AL A. 'Keliaee tar v Public ?'eie, 'r?iraPh <,&2iphia County . ?, v ':'? f a". 06, 2015 VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities TERREN E J. McCABE, QUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary August 5, 2011 To: Devin L. Montgomery 106 North Market Street #2 Mechanicsburg, Pennsylvania 17050 U. S. Bank Trust National -Association, as Cumberland County Trustee for LSF7 NPL VI Trust Court of Common Pleas VS. Devin L. Montgomery Number 11-5238 civil NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WIIHOUTA HEARING AND YOU MAYLOSE YOURPROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 00 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 TOPROVIDEYOU WITHINFORMAnONABOUTAGENCIESTHATMAYOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 10 5: -v0.5 NOTIFICACION IMPORTANTE USTED SE ENCUEMA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONAIMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOs EN CONTRA SUMO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALOUNA, DICTAR SENTENCIA EN SU CONTRA YUSTED PODRIA PERDER BIENES U OTROS DERECHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONARPARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCADELAS AGENCIAS QUE PUEDEN OPRECER LOS SERVICIOS LEGALES A PERSONAS ELEGMLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-108 BY: i 'I w? ?LLr Attorneys for Plaintiff TERRENCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE tp OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Devin L. Montgomery 106 North Market Street #2 Mechanicsburg, Pennsylvania 17050 U.S. Bank Trust National Association, as Trustee for LSF7 NPL VI Trust COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff V. No. 11-5238 civil Devin L. Montgomery Defendant NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGME as b enter a above proc g as indicated below. A Pr X Judgment by Default - Money Judgment - Judgment in Replevin - Judgment for Possession if you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA CIVIL DIVISION - ?? FILE NO.: 11-5238 civil Civil Term ? m r','i U.S. Bank Trust National Association, as Trustee For o - LSF7 NPL VI Trust AMOUNT DUE: $225,874.81 .?D C7! V. INTEREST: from 08/18/11 Cl ) Devin L. Montgomery $4,121.43 at $37.13 N C) ATTY' S COMM.: .? c7j COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 100 Brook Meadow Drive, Mechanicsburg, Pennsylvania 17050 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: August 26, 2011 y,oo ctS.00 ? q S. oc? ?? 11 l . 00 ?? rr ?aa? . so ?? Signature: Print Name: Margar Gairo, Esquire Firm: MCCABE, WP_ISBERG AND CONWAY Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 34419 Z. as eo c? 5U LL- C Q? ac?ot ? W V-1+ ? kjs_slb?( McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank Trust National Association, as Trustee For LSF7 NPL VI Trust Plaintiff V. Devin L. Montgomery Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 11-5238 civil AFFIDAVIT PURSUANT TO RULE 3129 cnr w Vic;' -<> c:) -0 c An =C:) .: The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 100 Brook Meadow Drive, Mechanicsburg, Pennsylvania 17050, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. Name and address of Owner or Reputed Owner Name Address Devin L. Montgomery 106 North Market Street #2 Mechanicsburg, Pennsylvania 17055 Name and address of Defendant in the judgment: Name Address Devin L. Montgomery 106 North Market Street 92 Mechanicsburg, Pennsylvania 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name PSECU Address PO Box 67013 Harrisburg, Pennsylvania 17106 Name and address of every other person who has any record lien on the property: Name None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name BrookMeadow Homeowner's Association Address Address 3255 Cape Horn Road Red Lion, Pennsylvania 17356 Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 100 Brook Meadow Drive Mechanicsburg, Pennsylvania 17050 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department 4280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States Name and address of Attorney of record: Name None c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 011 August 26, 2011 Margaret airo, Esquire DATE Attorney or Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank Trust National Association, as Trustee For LSF7 NPL VI Trust Plaintiff V. Devin L. Montgomery Defendant Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-5238 civil AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. rn CO Arm :=:U to ?" r- ? ?n 3> c-) ao DC= --t c Q SV CY _ The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing address of the Defendant is: Devin L. Montgomery 106 North Market Street #2 Mechanicsburg, Pennsylvania 17050 SWORN AND SU2#?RY BEFO ME THI OF ,2 A OTARY PUBLIC :OMMONWEALTH OF PENNSYLVAW4 NOTARIAL SEAL hy of M B C ph arbara J. Moyer- Notary pybHc ChY Of Y MMII ONhp?R?ESJANh12 20I4 /24?? 2k'&?e Margaret airo, Esquire Attorney or Plaintiff r' rTrT .. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff-,:,, r.,,, . MARC S. WEISBERG, ESQUIRE - ID # 17616 = ? _C' EDWARD D. CONWAY, ESQUIRE - ID # 34687 r rt? ,,. - - MARGARET GAIRO, ESQUIRE - ID # 34419 rn c - tm= ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 c nr t,a ` HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 <, KEVIN T. McQUAIL, ESQUIRE - ID # 307169 zp - CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 _ y, C= N r r BRIAN T. LaMANNA, ESQUIRE - ID # 310321 --! 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW U.S. Bank Trust National Association, as Trustee For LSF7 NPL VI Trust COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Devin L. Montgomery Number 11-5238 civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Devin L. Montgomery 106 North Market Street #2 Mechanicsburg, Pennsylvania 17050 Your house (real estate) at 100 Brook Meadow Drive, Mechanicsburg, Pennsylvania 17050 is scheduled to be sold at Sheriffs Sale on December 7, 2011 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $225,874.81 obtained by U.S. Bank Trust National Association, as Trustee For LSF7 NPL VI Trust against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to U.S. Bank Trust National Association, as Trustee For LSF7 NPL VI Trust the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOII-5238 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE FOR LSF7 NPL VI TRUST Plaintiff (s) From DEVIN L. MONTGOMERY (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: $225,874.81 Interest from 8/18/11 $4,121.43 AT $37.13 L.L.: $.50 Atty's Comm: % Atty Paid: $227.50 Plaintiff Paid: Date: 8/30/11 (Seal) REQUESTING PARTY: Name: MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Due Prothy: $2.00 Other Costs: Deputy Telephone: 215-790-1010 Supreme Court ID No. 34419 r SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson li_t u_ Sheriff , a.. f -W r t u- r? J E ?4t1rti1?= o ? ? trr t rr?,??? T J? t"ti t Jody S Smith ??? 22 P? ?, Chief Deputy Richard W Stewart CUMBERLAND Solicitor OFr1c, E ;)Fret-- ERIFF PENNSYLVANIA f y US Bank Trust National Association vs. Devin L. Montgomery Case Number 2011-5238 SHERIFF'S RETURN OF SERVICE 10/07/2011 Michelle Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 100 Brook Meadow Drive, Mechanicsburg, Cumberland County. 10/11/2011 01:38 PM - Deputy Tim Black, 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: Devin L. Montgomery at 106 N. Market Street #2, Mechanicsburg Borough, Mechanicsburg, PA 17050, Cumberland County. 10/11/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $105.00 SO ANSWERS, November 22, 2011 RON R ANDERSON, SHERIFF vo f'I . Cel . ?'p C. I-- f'd ` k 'C' CoLjii' Suite Sheriff. Teiecsnft. Inc MCCABI, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 U.S. Bank Trust National Association, as Trustee For LSF7 NPL VI Trust Plaintiff V. Devin L. Montgomery Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 11-5238 civil AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 100 Brook Meadow Drive, Mechanicsburg, Pennsylvania 17050, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. Name and address of Owner or Reputed Owner Name Address Devin L. Montgomery 106 North Market Street #2 V Mechanicsburg, Pennsylvania 17055 2. Name and address of Defendant in the judgment: Name Address Devin L. Montgomery 106 North Market Street #2 Mechanicsburg, Pennsylvania 17050 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name PSECU Address PO Box 67013 Harrisburg, Pennsylvania 17106 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address BrookMeadow Homeowner's 3255 Cape Horn Road Association Red Lion, Pennsylvania 17356 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 100 Brook Meadow Drive Mechanicsburg, Pennsylvania 17050 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriffs Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America 8. United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. &AIL August 26, 2011 Margaret giro, Esquire DATE Attorney or Plaintiff y0'A-!i iil. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff CIVIL ACTION LAW U.S. Bank Trust National Association, as Trustee For LSF7 NPL VI Trust COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Devin L. Montgomery Number 11-5238 civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Devin L. Montgomery 106 North Market Street #2 Mechanicsburg, Pennsylvania 17050 Your house (real estate) at 100 Brook Meadow Drive, Mechanicsburg, Pennsylvania 17050 is scheduled to be sold at Sheriffs Sale on December 7, 2011 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $225,874.81 obtained by U.S. Bank Trust National Association, as Trustee For LSF7 NPL VI Trust against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to U.S. Bank Trust National Association, as Trustee For LSF7 NPL VI Trust the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN unit, as occupying the real estate as described hereafter; said parcel being located in the Township of Silver Spring, County of Ctinberland, Commonwealth of Pennsylvania, described as follows: ,BEGINNING at a point, said point being referenced from an iron pipe at the, southeastern corner of "The Brook Meadow Condominium" said corner being in common with the southwestern comer of the Giagrr Fields, single family subdivision, said point also lying on the northern right-of-way line of Mulberry Drive; THENCE, along the northern right-of-way line of Mulberry Drive, South 49 degrees, 50 minutes, 00 seconds West, for a distance of 355.11 feet to a point, thence, leaving said right-of-way and perpendicular to said right-of-way, North 40 degrees, 10 minutes, 00 seconds West, for a distance of. 47.25 feet to a point, the POINT OF BEGINNING, said point of beginning, being the southwestem corner of Unit 36, of the herein described Unit 36, thence, along 'U'nit 36, and along a common wall with Unit 35, North 40 degrees, 10 minutes, 00 seconds West, for a distance of 42.67 feet to a point; thence, leaving Unit 35, and along aforementioned Unit 36, North 49 degrees, 50 minutes, 00 seconds East, for a distance of 4.0 feet to a point; thence, along the aforementioned Unit 36, North 40 degrees, 10 minutes, 00 seconds West, for a distance of 1.33 feet to a point; thence, along the same, North 49 degrees, 50 minutes, 00 seconds Best, for a distance of 20.00 feet to a point, thence, alone the same. South. 40 degrees, 10 minutes. 00 second, East. for a distance of 1.33 feet to a point; thence, along the same, North 49 degrees, 50 minutes, 00 seconds bast, for a distance of 4.00 feet to a point; thence, along the same, South 40 degrees, 10 minutes 00 seconds East, for a distance of 27.67 feet to a point; thence, along the same, South. 49 degrees 50 minutes, 00 seconds 'hest, for a distanoe of 2.00 feet to a point; thence, along the same, South 40 degrees, 10 ntiru s, 00 seconds bast, for a distance of 15.00 feet to a point; thence, along the same, South. 49 degrees, 50 minutes 00 seconds West, for a distance of 26.00 feet to a point, the POINT OF BEGINNING. BEING the real estate containing Unit No. 36 of an eight (8) unit building in "the Brook Meadow Condominium," as recorded in Plan Book 80; Page 132, and as described in the Condominium documents as recorded in Book 715, page 4681 in Cumberland County Records. UNDER AND SUBJECT, however, to conditions restrictions, reservations, and easements of record or visible upon the premises. RB5678 100 Brook Meadow Drive, Mechanicsburg, Pennsylvania 17050. BEING the same premises which SEAN HECKMAN AND VENUS HECKMAN, HUSBAND AND WIFE by deed dated October 18, 2007 and recorded November 2, 2007 in the office of the Recorder in and for Cumberland County with Instrument No. 200741720 granted and conveyed to Devin L. Montgomery in fee. TAX MAP PARCEL NUMBER: 38-21-0291-110-036 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N011-5238 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE FOR LSF7 NPL VI TRUST Plaintiff (s) From DEVIN L. MONTGOMERY (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: $225,874.81 L.L.: $.50 Interest from 8/18/11 $4,121.43 AT $37.13 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $227.50 Other Costs: Plaintiff Paid: Date: 8/30/11 David D. uell, Proth otary (Seal) By: Deputy REQUESTING PARTY: Name: MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF TR!,r- Cf7rt' ."' - iN„ !-ZECQRD In Te '- „_ - E- unto set my hand a.,-arlisle, Pa. T. 3c,-, .-.-QU&qe_. 20 Q Prothonotary Telephone: 215-790-1010 Supreme Court ID No. 34419 On August 31, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Known and numbered as, 100 Brook Meadow Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 31, 2011 By: Real Estate Coordinator 8? d ! 9FIV a0z McCABE,WEISBERG & CONNVAY, P.C. TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorney fmPlabitiT, MARC S.WEISBERG,ESQUIRE-ID#17616 i' .,,.... EDWARD D.CONWAY,ESQUIRE-ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ' 1 ANDREW L.MARKOWITZ,ESQUIRE ID#2400 N , ,�I HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID;Y 3091Xt1 " BRIAN T.LaMANNA,ESQUIRE-ID#310321 CD -- ANN E.SWARTZ,ESQUIRE-ID#201926 =' 4 1 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DerKRIKORIAN,ESQUIRE—ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Us Bank Trust National Association. As CUMBERLAND COUNTY Trustee For Lsf7 Npl Vi Trust COURT OF COMMON PLEAS Plaintiff V. Number 11-5238 civil Devin L. Montgomery Defendant k FFI DAVIT OF SERVICE OF AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for the Piairitiff in the within matter,hereby certifies that on the 15th day of March,2013, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s)as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Saic and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBS( D BEFOM T IS DAY 01 ql 3 McCABE,WEISBERG & CONWAY,P.C. T P LIC Attorneys for Plaintiff' �jMMWE L��" yr SEA By: Public �Ba���' ���-N1�ary 1'I�:KItE CE J. cCABE,ESQUIRE-ID#16496 y of Philadalpbia.pptla CO urdY M;1 RC S.W EI BERG,ESQUIRE-ID#17616 M`{COMMI$$10N �JAN:12,2014 E DNN'A 11 D D.CONWAY,ESQUIRE-ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 H EI D l It.SPI VAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 C E I.IN E P.DerKRIKORIAN,ESQUIRE—ID#313673 McCABE,WEISBERG & CONWAY, P.C. TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorney for Plaintiff MARC S.WEISBERG,ESQUIRE-1D#17616 EDWARD D.CONWAY,ESQUIRE-ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#29009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#3094S0 BRIAN T.LaMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DerKRIKORIAN,ESQUIRE—ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Us Bank Trust National Association,As Trustee For CUMBERLAND COUNTY Lsf7 Npl Vi Trust COURT OF COMMON PLEAS Plaintiff NO: 11-5238 civil V. Devin L.Montgomery Defendant AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 100 Brook Meadow Drive,Mechanicsburg,Pennsylvania 17050,as of the date the Praecipe for the Writ of Execution was filed, A copy of the description of said property is attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Devin L. Montgomery 106 North Market Street#2 Mechanicsburg,Pennsylvania 17055 2. Name and address of Defendant in the judgment: Name Address Devin L.Montgomery 106 North Market Street#2 Mechanicsburg,Pennsylvania 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address PSECU PO Box 67013 Harrisburgh,Pennsylvania 17106 5. Name and address of every other person who has any record lien on the property: Name Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address Brookmeadow Homeowne,'s 3255 Cape Horn Road Association Red Lion,PA 17356 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 100 Brook Meadow Drive Mechanicsburg,Pennsylvania 17050 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg,PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite#204 Philadelphia,PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division I larrisburg,PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O.Box 8486 Recovery Program Harrisburg,PA 17105-8486 PA Department of Revewie Bureau of Compliance P.O. Box 281230 Harrisburg,PA 17128-1230 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg,PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America c/o United States Attorney for the Middle District of PA William J.Nealon Federal Bldg. 235 North Washington Avenue,Ste.311 Scranton,PA 18503 and Harrisburg Federal Building&Courthouse 228 Walnut Street,Ste.220 1 iarrisburg,PA 17108-1754 United States of America c/o U.S. Dept. of Justice,Rm.5111 Atty General of the United States 950 Pennsylvania Avenue N.W. Washington, DC 20530 United States of America c/o U.S. Dept.of Justice,Rm.4400 Atty General of the United States 950 Pennsylvania Avenue,N.W. `,Vashington, DC 20530 8. Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. MCCABE, WEISBERG & CONWAY,F.C. March 15,2013 Mtorne is for Plaintiff DATE 13y: boazcj I I;RREN E J cCABE,ESQUIRE-ID#16496 �1ARC S.W BERG,ESQUIRE-ID#17616 EDWARD D. ONNVAY,ESQUIRE-ID#34687 .N IARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 11 EIDI R.SPIVAK,ESQUIRE-ID#74770 'I:%RISA,I.COHEN,ESQUIRE-ID#87830 h::VI NT.NIcQUAI L,ESQUIRE-ID#307169 CI IRISTINE L.GRAHAM,ESQUIRE-ID#309480 f>PUAN'T. LaNIANN'A,ESQUIRE-ID#310321 A\'N I:.SWARTZ,ESQUIRE-ID#201926 .10SEI'H G.RIGA,ESQUIRE-ID#57716 A)SE:1,11 I.POLEV,ESQUIRE-ID#314675 CI:LINE,P.DerKRIKORIAN,ESQUIRE—ID#313673 McCABE,WEISBERG AND CONWAY, P.C. BY: Attorney for Plaintiff TERRENCE J.McCABE,ESQUIRE-ID#16496 MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE-ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28409 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#3094K0 BRIAN T.LaMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DerKRIKORIAN,ESQUIRE—ID#31.1673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Us Bank Trust National Association,As Trustee For COURT OF COMMON PLEAS Lsf7 Npl Vi Trust Plaintiff CUMBERLAND COUNTY V. Number 11-5238 civil Devin L. Montgomery Defendant DATE:March 15,2013 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF S1IFRIFF'S SALE OF REAL PROPERTY OWNERS:Devin L.Montgomery PROPERTY: 100 Brook Meadow Drive, Nlcchanicsburg, Pennsylvania 17050 IMPROVEMENTS: Residential Dwellin JUDGMENT AMOUNT: $225,874.81 The above-captioned property is scheduled 1 o be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on May 1,2013 at 10:00 a.m. ;n the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square,Carlisle, Pennsylvania 17013.Our records indicate that you may hold a mortgage or judgments and lien t n, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be tiled by the Sheriff on a date specified by the Sheriff not later than thirty(30)days after sale. 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CTN Z 3 � � o � r*A � 'SEA 6; � e � S, b� � rower i UGC-7C� 10 �t ,-� A W. d -.4.°, !�y�°°'d—� v�►A=1 Y� �' 'dee r�o'��, �O� e e j m Z Q b W Z S.y�,O Cl LC7 .O.�O 'fi O �„� .►�0 �l �'lJ eC C p C O �1 �1 o O C]m '�"*Y C7 fog"'►Q Y •�•�� 00 O +� �0+ O Y MAO k � W Z NOVA�B ON�ry v�OP �► �7"d W �' �D ZW> z `� U� C� �° C� ~��,� W ao o ; ��js v O m O �e A eb D .�. C O, `.p '=. '� O Z A m Z��m JN�!`�"A �Y 111 AD �i d' �+f/l fJl O C7 f0 � _ O ►.. C/1 O r�r VJ O A O CJtl c d C J wr Rp A Z O g y y tC� fD , SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F L".._.( ° ;f,•,r. Sheriff ��.�+,rlt, �f�"titr��r�f�fXb Jody S Smith ""°f t 8 , Chief Deputy �� t> °,,7 —6 A rl 11 Richard W Stewart C'UM83E€R'L � , F, yy � ,�x� C:;yyij �a,�, Solicitor OFFICE OF`HE SAEP,IFF F,Et'�(v'S YE%'/'a US Bank Trust National Association Case Number vs. Devin L. Montgomery 2011-5238 SHERIFF'S RETURN OF SERVICE 01/0312013 08:39 PM -Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 100 Brook Meadow Drive, Unit 36, Mechanicsburg, PA 17050, Cumberland County. 03/04/2013 As directed by Terrance McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/1/2013 05/01/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, PA on May 1, 2013 at 10:00 a.m.. He sold the same for the sum of$1.00 to Attorney Terrance McCabe, on behalf of Volt Participation Trust 2011-NPL2, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $1,606.72 SO ANSWERS, August 05, 2013 RbNW R ANDERSON, SHERIFF pd • a4 ��e6 5'P (C)CcuntySuite Sheriff,Teleosoft,Inc. McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID#.16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419. ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID.#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 123 South Broad Street,Suite 2080 Philadelphia,Pennsylvania 19109 215 790-1010 Us Bank Trust National Association,As Trustee For CUMBERLAND COUNTY LSF7 NPL VI Trust COURT OF COMMON PLEAS Plaintiff NO: 11-5238 CIVIL V. Devin L.Montgomery Defendant AFFIDAVIT PURSUANT TO RULE 3129 The undersigned,attorney for Plaintiff in the aboye action,sets forth the following information concerning the real property located ab-100 Brook Meadow Drive,Mechanicsburg,Pennsylvania 17050,as of the date the Praecipe for the Writ of Execution was filed.A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Devin L.Montgomery 106 North Market Street#2 Mechanicsburg,Pennsylvania 17055 2. Name and address of Defendant in the judgment: Name Address Devin L.Montgomery 106 North Market Street#2 Mechanicsburg,Pennsylvania 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein i 4. Name and address of the last recorded holder of every mortgage of record: Name Address PSECU PO Box 67013 Harrisburgh,Pennsylvania 17106 PSECU -PO Box 67013 Harrisburg,Pennsylvania 17106 5. Name and address of every other person who has any record lien on the property: Name Address n None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Brookmeadow Homeowner's 3255 Cape Horn Road Association Red Lion,PA 17356-0 r Tenants/Occupants 100 Brook Meadow Drive Mechanicsburg,Pennsylvania 17050 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O.Box 2675 .Harrisburg,PA 17105 ATTN:Dan Richard P Commonwealth of Pennsylvania 110 North 8"Street Inheritance Tax Office Suite#204 Philadelphia,PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division Harrisburg,PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O.Box 8486 Recovery Program Harrisburg,PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O.Box 281230 Harrisburg,PA 17128-1230 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg,PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 Domestic Relations P.O.Box 320 Cumberland County -Carlisle,PA 17013 United States of America c/o United States Attorney for the Middle District of PA William J.Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton,PA 18503 and Harrisburg Federal Building&Courthouse .228 )Walnut Street, Ste.220 Harrisburg,PA 17108-1754 United States of America c/o U.S.Dept of Justice,Room 5111 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 United States,of America c/o U.S.Dept of Justice,Room 4400 Atty General of the United States 050 Pennsylvania Avenue NW 'Washington,DC 20530-0001 8. Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavif 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 unswom falsification to authorities. -YI Margaret giro,Esquire DATE Attorney iYfaintiff LEGAL DESCRIPTION a RB5678 100 Brook Meadow Drive,UMechanicsburg,Pennsylvania 17050. r ALL T14AT CERTAIN unit, as occupying'the real estate as d.esonibed hereafter, sak parcel b e located in the Township of 1'lver Spring, County of CV berland, Commonwealth of Penwylvani a, desorlbed as fellows: BEGINNING at a pent, said point berg referenced from an iron pipe at t_ southeastern corner of"The Brook Meadow Condominium" said corner being in common- with the southwestern corner of the GingtT Fields, single family subdivision, said poWf also lying on the north= right-of-war line of Mulbeqy Drive; THENCE, along the no ern right-of-way line of Mulberry Drive, South 49 degrees, 50 minutes, 00 seconds West, for a distance of 355-11- feet to a. poimt, thence, leaving said night-of-way any: perpendicular to said right-of-way, Naas. 40 degrees, 10 minutes, 00 B onds West, for distance of 47.25 fett to a point, the POIN`I' OF BEGINMWO, said paint of beginning. bopng the soath cstom earner of Unit 36, of the herein describe Unit 36, thence, along 'nit 36, and along a common -wall with.'Unit 35, Forth 40 degrees, 10 minatos, 00 seconds Test, for a d Oa e of 42.67 feet to 4 point; thence, leaving Unit 35, and alone aforementioned Unit 361 North 49 degrees, 50 minutes, Ott scconds Past, for a distance pI 4.0 feet to a point; thence, along the aformenfionod Unit 36, Forth 40 degrees,. l0 min-aws, 00 seconds `Nest, for a distance of 1,33 feet to a p0h11; theme, along the same, North 49 degrees, 50 minutes, 00 sa�oe least, for a distance of 20,00 feet to a point; thence, along the Sarno, South 40 degrees, 10 Minutes, 00 see011ds East, foF a. distance Cj 1.33 feet to � paint; theme., along the same, North 49 degrees, 50 minttes, 00 secom East, for a dlstanoe of 4.00 feet to a point-, ffienm along the satne, South 40 degr s, 1 minutes 00 seconds East, for a drstan e of 27.67 fort to a point; theme, along the Umi South 49 degrees 50 mliau es, 00 seco'nd.s Wos't, for a;, distaa t of 2.00 feet to a porn thence, along the name, South 40 degrees, 1.0 minutes, 00 seconds bast, for a distance t 1.5.00 feet to a points thence, along the sane, South 49 degrees, 50 mi nutes 00 secon West, for a distance of 26.00 feet to a point, the POINT OF BEGINNING. BENG the real estate: containing Unit No. 36 of an eight (8) unit bull&g in "the Brook Meadow Condorninium", as recorded in Pl*ao Book 80; Page 132, and as described in the Condominium. docurnents as recorded in Book 715, page 4681 in Cumberland Couaty .coo ls. ND .ands Nelhwvar,-to conditions, re trit:tiQrls, riser anions, a+�d easemenofs o recor orvist un promises. 1 � ��Rt u� � l Nfleh�lnte pie , .y by ^ 'atoc �oarl �f arli 1 u ]n eo o o ume ale , conv �e a o r s 610an A can�ockman Together With all and singular the buildings and Lm rov� �Tts, ways, StX��S, alleys, dr 1 veW&y$ passages, waters, water-courses, rights, Iibmties, privileges, hereditaments and appurtenances, whatsoeve, unto the hereby granted premises belonging, or in anywise appertain ng, and the reversions an{: remainders, reacts, issues, mid profits thereof; and all the Mate, right, title, interest, property, claim and demand whatsoever of theca, the said grantors, as well at law as �1 equity, of, in and to the saine. BEING the same premises which SEAN HECKMAN AND VENUS HECKMAN by deed dated October 18,2007 and recorded November 2,2007 in the office of the Recorder in and for Cumberland County in Deed Book Instrument #200741720,granted and conveyed to Devin L.Montgomery in fee. TAX MAP PARCEL NUMBER: 38-21-0291-110-036 v McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff' MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 123 South Broad Street,Suite 2080 Philadelphia,Pennsylvania 19109 (215)790-1010 CIVIL ACTION LAW Us Bank Trust National Association,As Trustee For COURT OF COMMON PLEAS LSF7 NPL VI Trust CUMBERLAND COUNTY V. Devin L.Montgomery Number 11-5238 CIVIL NOTICE OF SHERIFF'S SALROF REAL PROPERTY To: Devin L.Montgomery 106 North Market Street#2 Mechanicsburg,Pennsylvania 17050 Your house(real estate)at 100 Brook Meadow Drive,Unit 36,Mechanicsburg,Pennsylvania 17050 is scheduled to be sold at Sheriffs Sale on March 6,2013 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square,Carlisle,Pennsylvania 17013 to enforce the court judgment of$225,874.81 obtained by Us Bank Trust National Association,As Trustee For Lsf7 NpI Vi Trust against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Us Bank Trust National Association,As Trustee For LSF7 NPL VI Trust the back payments,late charges,costs,and reasonable attorney's fees due. To find out how much you must pay,you may call McCabe,Weisberg and Conway,P.C.,Esquire at(215) 790-1010. 1 You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale.through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See the following notice on how to obt�ami an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped,your property will be sold to the highest bidder. You may find out the price bid by calling McCabe,Weisberg and Conway,P.C.,Esquire at(215)790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened,you may call McCabe,Weisberg and Conway,P.C. at(215)790-1010. 4. If the amount due from the buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real-estate will be filed by the Sheriff within thirty(30)days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed schedule of distribution is wrong)are filed with the Sheriff within ten(10)days after the posting of the schedule of distribution. 7. You may also have other rights and defenses,or ways of getting your real estate back,if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 ASSOCIATION.DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 LEGAL DESCRIPTION ' R$5678 100 Brook Meadow Drive,UMecbanicsburg,Pennsylvania 17050. ALL T14AT CERTAIN unit, as occupying the real estatt as desczibed hmafte=, said parcel being located in the Township 6f Silver Spring, County of � ,berland, Conunonwealth oi`Pennsylvania, described as follows.- BEGINNING at a point, Said point being referenced from an iron pipe at tale southeastern comer of"The Brook Meadow Cando inium" said corner being in common with the southwestern comer of the i cr_Fields, single family subdivWon, said poiW also lying on the northern right-cif-war Zile of Molberry Dr ivc; THPNCE, along the north= right-of-way line of MulbanT Drive, South 49 degrees, 50 minute, 00 seconds West, for a distance of 355.1 t f t to a. point, thence, leaving said right-cf-way arid perpendicular to said right-of-way, North. 40 degrees, 10 minutes, 00 seconds WW, for a distance of 47.25 fit to a point, the POINT OF BEGIN ' ` ' ,. said point of beginning} being the south5westorn coo er of Unit 36, of the herein desoribed Unit 36, thmoc, along Unit 36, and slang a. common -wall with Unit 357 North 40 degrees* 10 minutes, 00 seconds blest, for a distame of 42.67 feet to -a point') thimoe, leaving Unit 35, and along aforementioned Unit 36, North 49 degrees, 50 minutes, 00 seconds East, for a distance of 4.0 feet to a ,point; thence, along the aforementioned Unit 36, North. 40 degrees, 10 minnotes, 00 seconds West, for a distance of 133 feet to a pout; theme, along the same, North 49 degrees, 50 minutes, 04 safmids Past, for a distance of 20.00 feet to a point-, thence, along the isamee youth. 40 degrees, to minutes; 00 seoonds Vast, for a distance of 1,33 feet to a, point; theace, along the same, North th 49 degrees, 50 miattes, 00 second East, for a distance of 4.00 feet to a point;. theme, along the same, South 40 degr ,-., 1i minute's 00 seconds East, for a distance of'27,67 feet to a point; thence, along the saMIC s South 49 degro 50 miaute4, 00 seconds `hest,. for a, dist=e, of 2.00 feet to a. point thence, along the 8mne, South 40 degrees, 10�minutes, 00 seconds last, for a distance o 1.5.00 feet to a point; thence, 'along the same, Sou' th 49 degrees, 50 minutes 00 second Wtst, for a. distance, of 26.00 feet to a point} the 'POINT OF BEGINNING. BFING the real estate containing Unit No. 36 of an eight (8) unit buildi g in "the Brook Meadow Condominium", as recorded in Plan Book 80; gage 132, and as described in the Condominium documents as recorded in Book 715, page 4681 in Cumberland Co=ty deco cls. iiE� and lect wever, to conditions, restrictions; reservations, and easements o record orvisi upbn he premises. X405 8 t NOUN� f� h jli�r'. rp js&, s by� etet �e ' � � art � r uo© o um� , aqe , .1_101W,496 un. a u n and ean�Ieckma�n. Toge er w1 1 all and sin Iar the buildings and improvements, ways, streets, alleys, driveways, pas�agos, waters, water-courses, rights, liberties, privileges, hereditameats and appurtmames, whatsoever unto the hereby granted premises belonging, or in anywise $.ppert$uzi.ng, and the m versions and remaindcra, rents, issues, and profits thereof; and all the estate, Aght, title, Merest, property, claim and demand whatsoever of diem, the said grantors, �s.vi►e11 at law as in equity, of, in and to the salve. BEING the same premises which SEAN BECKMAN AND VENUS HECKMAN by deed dated October 18,2007 and recorded November 2,2007 in the office of the Recorder in and for Cumberland County in Deed Book Instrument #200741720,granted and conveyed to Devin L.Montgomery in fee. TAX MAP PARCEL NUMBER: 38-21-0291-110-036. WRIT OF EXECUTION and/or ATTACHMENT 'COMMONWEALTH OF PENNSYLVANIA) NO. 11-5238 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK TRUST NATIONAL ASSOCIATION,AS TRUSTEE FOR LSF7 NPL VI TRUST Plaintiff(s) From DEVIN L. MONTGOMERY (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: $225,874.81 L.L.: Interest FROM 8/18/11 -$21,052.71 AT$37.13 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $358.50 Other Costs: Plaintiff Paid: Date: 10/2/12 �^ David D. Buell,Prothonotary (Seal) �t Deputy REQUESTING PARTY: Name: MARGARET GAIRO,ESQUIRE Address: MCCABE,WEISBERG AND CONWAY 123 S.BROAD STREET,SUITE 2080 TRUE COPY FROM RECORD PHILADELPHIA,PA 19109 In Testimony whereof,I here unto set my hand and the seal of said Court at Carlisle,Pa. Attorney for: PLAINTIFF This (9 day of 6. b&Z,-20 1--) Telephone: 215-790-1010 Prothonotary Supreme Court ID No.34419 On October 26, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Known and numbered as, 100 Brook Meadow Drive, Unit 36, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 26, 2012 By: Real Estate Coordinator ] 1 '0 331JAO H 2 J r CUMBERLAND LAW JOURNAL Writ No. 2011-5238 Civil point;thence,along the same,South 40 degrees, 10 minutes, 00 seconds US Bank Trust National Association east, for a distance of 1.33 feet to a vs. point;thence along the same, North 49 degrees, 50 minutes, 00 seconds Devin L. Montgomery East,for a distance of 4.00 feet to a Atty.:Terrance McCabe point;thence,along the same,South 100 Brook Meadow Drive, Me- 40 degrees, 10 minutes 00 seconds chanicsburg,Pennsylvania 17050. East,for a distance of27.67 feet to a ALL THAT CERTAIN unit, as oc- point;thence,along the same South cupying the real estate as described 49 degrees 50 minutes, 00 seconds hereafter;said parcel being located in West, for a distance 2.00 feet to a the Township of Silver Spring,Coun- point;thence,along the same,South ty of Cumberland,Commonwealth of 40 degrees, 10 minutes, 00 seconds Pennsylvania,described as follows: East,for a distance of 15.00 feet to a BEGINNING at a point,said point point;thence,along the same,South being referenced from an iron pipe 49 degrees, 50 minutes 00 seconds at the southeastern corner of"The West, for a distance of26.00 feet to Brook Meadow Condominium' said a point,the POINT OF BEGINNING. corner being in common with the TOGETHER with all the buildings and improvements, ways, streets, southwestern corner of the Ginger alleys, driveways, passages, waters, Fields, single family subdivison, water-courses, rights, liberties, said point also lying on the northern privileges,hereditaments and appur- right-of-way line of Mulberry Drive; tances,whatsoever unto the hereby THENCE, along the northern right- granted premises belonging, or in of-way line of Mulberry Drive,South anywise appertaining,and the rever- 49 degrees, 50 minutes, 00 seconds sions and remainders,rents,issues, West for a distance of 355.11 feet to and profits thereof,and all the estate, a point;thence,leaving said right-of- right, title, interest, property, claim way and perpendicular to said right- and demand whatsoever of them,the of-way, North 40 degrees, 10 min- said grantors, as well as law as in utes,00 seconds West,for a distance equity, of,in and to the same. of 47.25 feet to a point, the POINT BEING the same premises which OF BEGINNING,said point of begin- Sean Heckman and Venus Heckman ning being the southwestern comer by deed dated October 18, 2007 of Unit 36, of the herein described and recorded November 2, 2007 in Unit 36, thence, along Unit 36, and the office of the Recorder in and for Cumberland County in Deed Book along a common wall with Unit 35, Instmments #2004741720, granted North 40 degrees, 10 minutes, 00 and conveyed to Devin L. Montgom- seconds West for a distance of 42.67 ery in fee. feet to a point; thence, leaving Unit TAX PARCEL NO. 38-21-0291- 35, and along aforementioned Unit 110-036. 36, North 49 degrees, 50 minutes, 00 seconds East, for a distance of 4.0 feet to a point; thence, along the aforementioned Unit 36, North 40 degrees, 10 minutes, 00 seconds West,for a distance of 1.33 feet to a point;thence,along the same,North 49 degrees, 50 minutes, 00 seconds East,for a distance of 20.00 feet to a 85 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929),P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire,Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices,and has, since January 2, 1952,been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1, and February 8, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal,a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. a Marie Co ' Editor Y� SWORN TO AND SUBSCRIBED before me this 8 day of FebruaU, 2013. Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 .-' ''•The Patriot-News Co. 2020 Technology Pkwy Z4e atr1*otwXews Suite 300 Mechanicsburg, PA 17050 NOW• you know Inquiries - 717-2.55-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden; County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter.of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. 2011.5238 CMI US sank Trust Nation i This ad ran on the date(s)shown below: Association t Vs 01/22/13 Devin L.Montgome , Atty: Terrance McCabe re 01/29/13 gp 100 Brook Meadow Drive,Mechanicsburg^ — 02/05/13 Pennsylvania 17050 )N ALL THAT CERTAIN unit,as occupyin€ano, the real estate as.described hereafterlppg . . . . . . . . . said parcel being located in the Townshipppg of Silver Spring,County of Cumberland,b IX Commonwealth of pennsylvania,juoi Sworn to and subscribed before a this 14 day of February, 2013 A.D. described as follows: P!"1' BEGINNING at a point, said point iU2f being referenced from an iron pipe at�; the southeestem comer of "Me Brook_ {: O a PUbIIC Meadow Condominium" said comer `w being in common with the southwester corer of the Ginger Fields,single family subdivison, said point also lying on the COMMONWEALTH OF PENNSYLVANIA northern right-of-way line of Mulberry Notarial Seale Drive; THENCE, along the northern Holly Lynn Warfel,Notary Public right-of-way line of Mulberry Drive,South s Washington Twp.,Dauphin County 49 degrees,50 minutes,00 seconds nest My Commission Expires Dec.12,2016 for a distance of 355.11 fe`0t' MP Om; MEMBER,PENNSYLVANIA ASSOaAnON OF NOTARIES thence, leaving said right-of-way and •.)' perpendicular to said right-of-way,North f li nds West, 140 degrees,10 MI-10,00 seco COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: 1, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Devin L. Montgomery is the grantee the same having been sold to said grantee on the 1 st day of Mauy A.D., 2013, under and by virtue of a writ Execution issued on the 2nd day of October, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 5238, at the suit of US Bank Trust National Association as Trustee for LSF7 NPL VI Trust against Devin L. Montgomery is duly recorded as Instrument Number 201326036. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. Recorder of Deeds Redxft of 00ft O nbartand Courtly,C0191a,PA My ' Expires the First Mond►d Jan.2014 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 MARC S. WEISBERG,ESQUIRE-ID# 1761.6 Attorneys for Plaintiff EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 _ ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 C HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID#87830 rn rrl rn CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 ' BRIAN T.LaMANNA,ESQUIRE-ID#310321 -G Z' CD ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 t-o r"a JOSEPH I.FOLEY,ESQUIRE-ID#314675 =C:) = C) CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 ny 123 South Broad Street,Suite 2080 p ' Philadelphia,Pennsylvania 19109 215 790-1010 US Bank Trust National Assocaition,as Trustee for COURT OF COMMON PLEAS LSF7 NPL VI Trust Plaintiff CUMBERLAND COUNTY V. Number 11-5238 Devin L. Montgomery Defendants PRAECIPE TO MARK JUDGMENT TO PLAINTIFF'S USE TO THE PROTHONOTARY: Kindly mark the judgment entered relative to the above-captioned matter to the use of Plaintiff,VOLT Participation Trust 2011-NPL2, 13801 Wireless Way,Oklahoma City, Oklahoma 73134. e RRENCE J.MCCABE,ESQUIRE MARC S. WEISBERG,ESQUIRE EDWARD D. CONWAY,ESQUIRE MARGARET GAIRO,ESQUIRE ANDREW L. MARKOWITZ,ESQUIRE HEIDI R. SPIVAK,ESQUIRE MARISA J. COHEN,ESQUIRE CHRISTINE L. GRAHAM,ESQUIRE BRIAN T.LaMANNA,ESQUIRE ANN E.SWARTZ,ESQUIRE JOSEPH F.RIGA,ESQUIRE JOSEPH I.FOLEY,ESQUIRE CELINE P.DERKRIKORIAN,ESQUIRE Attorneys for Plaintiff auk �q Q McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J. McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I. FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#31.3673 123 South Broad Street,Suite 2080 Philadelphia,Pennsylvania 19109 (215)790-1010 US Bank Trust National Assocaition,as Trustee for COURT OF COMMON PLEAS LSF7 NPL VI Trust Plaintiff CUMBERLAND COUNTY V. Number 11-5238 . Devin L. Montgomery Defendants CERTIFICATION OF SERVICE I,the undersigned,hereby certify that a true and correct copy ofthe within Praeciipe to Mark Judgment to Plaintiff's Use pertaining to the above-captioned matter was served on Ser km bel-M A/ by first-class mail, postage prepaid,upon the following: Devin L.Montgomery 106 North Market Street#2 Mechanicsburg,Pennsylvania 17055 Date: o TERRENCE J.McCABE,ESQUIRE MARC S.WEISBERG,ESQUIRE EDWARD D. CONWAY,ESQUIRE MARGARET GAIRO,ESQUIRE ANDREW L.MARKOWITZ,ESQUIRE HEIDI R. SPIVAK,ESQUIRE MARISA J. COHEN,ESQUIRE CHRISTINE L. GRAHAM,ESQUIRE BRIAN T.LaMANNA,ESQUIRE ANN E. SWARTZ,ESQUIRE JOSEPH F.RIGA,ESQUIRE JOSEPH I.FOLEY,ESQUIRE CELINE P.DERKRIKORIAN,ESQUIRE Attorneys for Plaintiff