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HomeMy WebLinkAbout11-6536A FILED-OFFICE OF THE PROTHONOTARY 2011 AUG 19 PM 3: 14 CU PENNSYLVANIA TY McCABE, WEISBERIG 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. SPI1VAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - II) # 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 Cenlar FSB 425 Phillips Boulevard Trenton, New Jersey 68618 V. Joshua A. Boughner 47 H Street Unionville, Pennsylvania 17013 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number #- 6536 ?1v11 /e rN CIVIL ACTION/MORTGAGE FORECLOSURE 5 100.00 7 0- C ? /U728q ,?? ad 3yr77 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A L,AWYI:R. IF YOU CANNOT AFFORD TO IFIRE 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuer la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir 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 usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENI A UN ABOGADO, VA A O TFIJ?FONEA LA OFICINA EXPUSO ABAJO. ESTA OI'ICINA LO PUEDE PROPOIZCIONAR CON INFORMATION ACE RCA DE I MPLEAR A UN ABOGADO. SI USTED NO PUEDE PIZOPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is Cenlar FSB, duly organized and doing business at the above-captioned address. 2. The Defendant is Joshua A. Boughner, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 47 H Street, Unionville, Pennsylvania 17013. 3. On March 30, 2007, Joshua A. Boughner made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean & Whitaker Mortgage Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1986, Page 4954. 4. The aforesaid mortgage was thereafter assigned from Mortgage Electronic Registration Systems, Inc., as nominee forTaylor, Bean & Whitaker Mortgage Corporation to Cenlar FSB, by Assignment of Mortgage, to be duly recorded in the Office of the Recorder of Cumberland County. 5. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 47 H Street, Carlisle, Pennsylvania 17013. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due March 1, 2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal halance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance $ 150,806.77 Interest through August 5, 2011 $ 4,817.43 (Plus $26.18 per diem thereafter) Attorney's Fete $ 1,325.00 Corporate Advance $ 165.90 Mortgage Insurance Premium (MIP) $ 157.24 GRAND TOTA1, $ 157,272.34 8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $157,272.34, together with interest at the rate of $26.18 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. . McCABE, WEISBERG AND CONWAY,1'.C. BY: Heidi R. Spivak, squire Attorney for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: Heidi R. Spivak, E uire Attorney for Plaintiff Cenlar FS13 v. Joshua A. Boughner 08/08/2011 03:13 7174865486 ACE PAGE 09/12 EAP LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BOUNDED on the south by "H" Street; on the west by Lot No. 42; on the north by land now or formerly of John Hays; and on the cast by Lot No. 45. BEING Lots Nos. 43 and 44 in Home Acres Plan of Lots w recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Hoop 1, Page 43. SAID tract having a frontage of 50 feet on "H" Street and extending on west line 150 feet, more or less, and on the east line 160 feet, more or less. BEING IMPROVED with a dwelling house being known and mmnbered as 47 "H" Street, Carlisle, Pennsylvania 111013. 1 I)c cc ? ?tl<;.na corded I)ccds 8K 1986PG4970 a7-17 17 SHERIFF'S OFFICE OF CUMBERLAND-COUNTY Ronny R Anderson Sheriff w.a _n Jody S Smith Chief Deputy Richard W Stewart Solicitor Cenlar FSB VS. Joshua A.Boughner Case Number 2011-6536 SHERIFF'S RETURN OF SERVICE 08/22/2011 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: Joshua A. Boughner, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Chester County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 08/29/2011 Chester County Return: And now, August 29, 2011 I, Carolyn B. Welsh, Sheriff of Chester County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Joshua A. Boughner the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Chester and therefore return same NOT FOUND. Request for service at 1752 Doe Run Road 776, Unionville, Pennsylvania 19375 is a P.O. BOX. 08/31/2011 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: Joshua A. Boughner, 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 Joshua A. Boughner. Request for service at 47 H Street, Carlisle, Pennsylvania 17013 is vacant. The Carlisle Postmaster has confirmed, Joshua A. Boughner has moved and left no forwarding address. SHERIFF COST: $58.00 September 06, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF 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) 790-1 01 0 Joshua A. Boughner Attorneys 2011 Cumberland County Court of Common Pleas Number 11-6536 MOTION TO ALLOW SERVICE ON THE DEFENDANTS PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 11 36 ?, ?r ps P ?y1 p f_fi R ri Plaintiff attempted to personally serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Joshua A. Boughner, at his/her last-known address of 1752 Doe Run Road, P.O. Box 776, Unionville, Pennsylvania 19375. The process server was notable to serve the Defendant because address is a P.O. Box and personal service can not be attempted at such address. A True and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof as Exhibit "A". 2. Plaintiff attempted to serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant's mortgaged property of 47 H Street, Carlisle, Pennsylvania 17013. The process server was not able to serve the Defendant. True and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has conducted a good faith investigation to determine the current whereabouts of Defendant and the attached Affidavit sets forth in detail the nature and extent of the investigation. See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "C". 4. As a result of the investigation, a special Order of Court is required permitting service by regular and certified mail at the Defendant last known address and by posting a copy of the original process on the mortgaged premises. 5. No judge has ruled upon any other issue in this matter or in any related matter. 6. No attorney has entered an appearance in this matter on behalf of Defendant and, therefore, no concurrence of opposing counsel was sought with regard to the instant motion. 7. If service cannot be made on the Defendant, Joshua A. Boughner, the Plaintiff will be prejudiced. WHEREFORE, Plaintiffprays this Honorable Court grant an Order allowing the Plaintiffto serve the Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff s Sale upon the Defendant Joshua A. Boughner, by regular mail; certified mail, return receipt requested; and by posting at the last-known address of Defendant and the mortgaged premises known in this herein action as 47 H Street, Carlisle, Pennsylvania 17013. TERRENCE 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 (2151790-1010 t t o net's for Plaintiff NII SEN, W' 37 P R j iCjNL RY Cumberland County Court of Common Pleas Number 11-6536 MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. TERRENCE 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 # 34419,11 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Cenlar FSB Plaintiff V. Joshua A. Boughner Defendant t Attorneys for Plaintiff ?d 1 ?, ka E ARY S, PA. Court of Common Pleas Number 11-6536 CERTIFICATION OF SERVICE The undersigned attorney for the Plaintiff hereby certifies that he/she served a true and correct copy of the foregoing Motion for Alternative Service, by United States Mail, first class, postage prepaid, on the 19th day of September, 2011, upon the following: Joshua A. Boughner 1752 Doe Run Road P.O. Box 776 Unionville, Pennsylvania 19375 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the attorney for the Plaintiff in the within action and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff s representative, who is out of this jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. i? TERRENCE J. MCCABE, SQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Cenlar FSB r at C1t1hdrt, D OFMG OF THE SKRIFF Rsco s1M5 vs. I Case Number Joshua A.Boughner 2011-6536 SHERIFF'S RETURN OF SERVICE 08/22/2011 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: Joshua A. Boughner, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Chester County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 08/29/2011 Chester County Return: And now, August 29, 20111, Carolyn B. Welsh, Sheriff of Chester County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Joshua A. Boughner the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Chester and therefore return same NOT FOUND. Request for service at 1752 Doe Run Road 776, Unionville, Pennsylvania 19375 is a P.O. BOX. 08/31/2011 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: Joshua A, Boughner, 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 Joshua A. Boughner. Request for service at 47 H Street, Carlisle, Pennsylvania 17013 is vacant, The Carlisle Postmaster has confirmed, Joshua A. Boughner has moved and left no forwarding address. SHERIFF COST; $58.00 SO ANSWERS, 71 September 06, 2011 RON R ANDERSON, SHERIFF (c) GountySuite Sheriff, TP.IeOSofl htc. Exhibit A SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Cenlar FSB vs. Joshua A. Boughner LIVIA,p of t a?hGrt/??b OFFICE OF THE RIFF ?5'C'dl1 SSSb`I Case Number 2011-6536 SHERIFF'S RETURN OF SERVICE 08/22/2011 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: Joshua A. Boughner, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Chester County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law, 08/29/2011 Chester County Return: And now, August 29, 20111, Carolyn B. Welsh, Sheriff of Chester County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Joshua A. Boughner the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Chester and therefore return same NOT FOUND. Request for service at 1752 Doe Run Road 776, Unionville, Pennsylvania 19375 is a P.O. BOX. 08/31/2011 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: Joshua A. Boughner, 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 Joshua A. Boughner. Request for service at 47 H Street, Carlisle, Pennsylvania 17013 is vacant. The Carlisle Postmaster has confirmed, Joshua A. Boughner has moved and left no forwarding address. SHERIFF COST: $58.00 SO ANSWERS, September 06, 2011 RON R ANDERSON, SHERIFF g (c) GaunlySullO Sheriff, TklpnsOff. titc. l "? Attorney Outsourcing Support Services, Inc. Suite 2040 123 S. Broad Street Philadelphia, PA 19109 (215) 790-5964 FAX (215) 320-5770 AFFIDAVIT OF GOOD FAITH INVESTIGATION SUBJECT OF INVESTIGATION: Boughner, Joshua CLIENT: McCabe, Weisberg and Conway, P.C. FILE #: 58869 MATTER #: 392-0060 AOSS FILE#: 11-7360 SUBJECT'S LAST KNOWN ADDRESS: Po Box 776, Unionville, PA,19375 SUBJECT'S PROPERTY ADDRESS-47 H Street, Carlisle, Pennsylvania 17013 1, Scott Cumpstone, being duly sworn according to law, depose and say that Attorney Outsourcing Support Services, Inc. completed a good faith investigation into the whereabouts of the above-named subject and the extent of the investigation and the results are as follows: 1. INQUIRY OF POSTAL AUTHORITY: Postal Authority stated, Po Box 776, Unionville, PA, 19375 No change of address order on file. E-xhlbR§ C Page Z Investigation of Bouahoer, Joshua continued: (subject name) 2. INQUIRY OF LOCAL TELEPHONE COMPANY; Directory Assistance: Directory assistance had no listing for the subject. INTERNET SEARCH: Search shows the subject's address at Po Box 776, Unionville, PA, 19375. 4. DEATH RECORDS: Social Security has no death record for the subject. LOCAL TAX RECORD INQUIRY: Tax bill is mailed to subject at 47 H Street, Carlisle, Pennsylvania 17013. 6. INQUIRY OF COUNTY VOTER REGISTRATION: After inquiry, I was unable to confirm a listing with the County Voters Registration Office for this subject. Page 3 Investigation of Boaahner. Joshua contianed: (subject name) 7. INQUIRY OF NEIGHBORS: There are no neighbors listed in the search. The information set forth in this Affidavit of Good Faith Investigation is true and correct to the best of my knowledge, information, and belief. /0 / BY: NAb TITLE: Location Specialist __ DATE: September 8", 2011 Notary Public: Sworn to and subscribed before me this Wkh_-day of 2011//? pp i n /' tJll n 1G? 1 r C 1 STP, -,,? L f.Y ..Rt^IYYkY.w,Ftl. j ( ?} 111?rS^. IIC@tiih COU I ,Y , FI?v, 0L, 2014 Date Aueust 31.2011 Postmaster y Unionville. PA 19375 City, state, ZIP Code Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a -Qxholderl for the following: Name: Boushner Josltuua Address: Po Box 776 Unionville. PA 19375 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6xii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(dxl) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e.g. process server, attorney, party representing himself): attorney 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or party acting pro se - except a corporation acting pro se must cite statute): Not applicable Requester is anattorney v Boushner Joshua_ 3. The names of all known parties to the litigation:_ 4. The court in which the case has been or will be heard: YxMBER AND. PA 5. The docket or other identifying number if one has been issued: NO: ??fendant 6. The capacity in which this individual is to be served (e.g. defendant or witness): WARNING THE SUBMISSION OF FA PURP03 AT HER TDO OBTAIN SERVICE OFCLEGAL PROCESS IN CONNECTION WITH ACTUAL OR INFORMATION O 000 PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $1OF N T IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). PLEASE PROVIDE THE CORRECT ADDRESS FOR THE DEFENDANT. e above information is true and that the address information is needed and will be used solely for serocess ' connection with actual or prospective litigation. 123 S Broad Street Suite 2050 Address I ±Signature Philadelphia PA 19109tone State, ZIP Code Printed Name city, FOR POST OFFICE USE ONLY No change of address order on file. Not known at address given. Moved, left no forwarding address. No such address. Good As Addressed NEW ADDRESS or BOXHOLDER'S NAME and PHYSICAL STREET AIREStii? , c o? ' ? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?4r?trtst?rata?f? Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFU E ? TNG <-C-H 9F ??. Clr'T'?7 'A M J!; +a i h Cenlar FSB vla Case Number Joshua A.Boughner 2011-6536 SHERIFF'S RETURN OF SERVICE 10/19/2011 04:03 PM - William Cline, Corporal, who being duly sworn according to law, states that on October 19, 2011 at 1603 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Joshua A. Boughner, pursuant to order of court by posting the premises located at 47 H Street, Carlisle, Cumberland County, Pennsylvania 99999 with true and correct copy according to law. WILLIAM CLINE, DEPUTY SHERIFF COST: $40.00 October 21, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (r, Count, Sutte ShentT, iFleo??ft Inc. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N011-6536 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENLAR FSB Plaintiff (s) From JOSHUA A. BOUGHNER (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: $160,466.30 L.L.: $.50 Interest FROM 12/6/11 $4,853.92 AT $26.38 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $240.50 Other Costs: Plaintiff Paid: Date: DECEMBER 12, 2011 -? 1 .. David D. Buell, Prothono (Seal) Deputy REQUESTN(i PARTY: Name: MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION FILE NO.: H-6536 Civil Term Cenlar FSB V. Joshua A. Boughner 4t7 H , S1trt4tA (,,,Maxuj (1e t `I IA 1-70(& AMOUNT DUE: $160,466.30 INTEREST: from 12/06/11 $4,853.92 at $26.38 ATTY'S COMM.: COSTS: T? CID 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. C-, 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) 47 H Street, Carlisle, Pennsylvania 17013 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: December 7, 2011 00N may. oa a N ?8.d0 F 9 ;).06 X0.00 1 t -A' 00 ., Signature: Print Name: 14argar Gairo, Esquire Firm: MCCABE, 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 cl, `?- a'z .S'64(' ?? /?s?A0 P##A?507 W/"4 ci a, -Z?Eilew LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BOUNDED on the south by "H" Street; on the west by Lot No. 42; on the north by land now or formerly of John Hays; and on the east by Lot No. 45; being Lots Nos. 43 and 44 in Home Acres Plan of lots as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 1, Page 93; said tract having a frontage of 50 feet on "H" Street and extending on west line 150 feet, more or less, and on the east line 160 feet, more or less; being improved with a dwelling house and being known as 47 "H" Street, Carlisle, Pennsylvania. BEING: 47 H Street, Carlisle, Pennsylvania 17013. BEING the same premises which SCOTT HENCH, MARRIED MAN, by deed dated March 29, 2007 and recorded March 30, 2007 in the office of the Recorder in and for Cumberland County in Deed Book 279, Page 1804, granted and conveyed to Joshua A. Boughner, single man. TAX MAP PARCEL NUMBER: 06-19-1641-033 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 Cenlar FSB Plaintiff V. Joshua A. Boughner Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 11-6536 AFFIDAVIT PURSUANT TO RULE 3129 CD The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 47 H Street, Carlisle, Pennsylvania 17013, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Joshua A. Boughner 47 H Street Unionville, Pennsylvania 17013 2. Name and address of Defendant in the judgment: Name Address Joshua A. Boughner 47 H Street Unionville, Pennsylvania 17013 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 5 Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Address 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 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 Tenants/Occupants 47 H Street Carlisle, Pennsylvania 17013 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 It Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States Name and address of Attorney of record: Name None P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 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. lin December 7, 2011 Margaret giro, Esquire DATE Attorney r 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 Cenlar FSB Plaintiff V. Joshua A. Boughner Defendant Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-6536 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: Joshua A. Boughner 47 H Street Unionville, Pennsylvania 17013 SWO AND SUB:?Y 01 BEF E THIS OF , 201 I argaGairo, Esquire `/yf Attornr for Plaintiff ARY PUBLIC a N L . z Barbara I mcyer-No-'ary P'wI"'; Ctlyy of Philadelphia, Philadelphia Cours y 201 MY COMMISSION EXPIRES 12,20111 C- €'nk ?a 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 CIVIL ACTION LAW Cenlar FSB V. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Joshua A. Boughner Number 11-6536 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Joshua A. Boughner 47 H Street Unionville, Pennsylvania 17013 .- r-S Your house (real estate) at 47 H Street, Carlisle, Pennsylvania 17013 is scheduled to be sold at Sheriffs Sale on June 6, 2012 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 $160,466.30 obtained by Cenlar FSB 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 Cenlar FSB 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 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. 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. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BOUNDED on the south by "H" Street; on the west by Lot No. 42; on the north by land now or formerly of John Hays; and on the east by Lot No. 45; being Lots Nos. 43 and 44 in Home Acres Plan of lots as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 1, Page 93; said tract having a frontage of 50 feet on "H" Street and extending on west line 150 feet, more or less, and on the east line 160 feet, more or less; being improved with a dwelling house and being known as 47 "H" Street, Carlisle, Pennsylvania. BEING: 47 H Street, Carlisle, Pennsylvania 17013. BEING the same premises which SCOTT BENCH, MARRIED MAN, by deed dated March 29, 2007 and recorded March 30, 2007 in the office of the Recorder in and for Cumberland County in Deed Book 279, Page 1804, granted and conveyed to Joshua A. Boughner, single man. TAX MAP PARCEL NUMBER: 06-19-1641-033 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 Cenlar FSB Plaintiff V. Joshua A. Boughner Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 11-6536 AMENDED AFFIDAVIT PURSUANT TO RULE 3129 rrx =M r1l ri ? ? m atD3 ? r-- -+6 o x" . -e -,. :z a Cl '- 0 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 47 H Street, Carlisle, Pennsylvania 17013, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. Name and address of Owner or Reputed Owner Name Address Joshua A. Boughner 47 H Street Carlisle, Pennsylvania 17013 2. Name and address of Defendant in the judgment: Name Address Joshua A. Boughner 47 H Street Carlisle, Pennsylvania 17013 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 w 4 5 Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Address 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 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 Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 47 H Street Carlisle, Pennsylvania 17013 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8`h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales United States of America Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States Name and address of Attorney of record: Name None Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 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. February 1, 2012 Margare giro, squire DATE Attorney or Plaintiff McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Cenlar FSB Plaintiff V. Joshua A. Boughner Defendant -, Ftj ney for Plaintiff FLED 2 APR - 4 PIN 1: "UM-BERLAN0 C0U?1 i `1' PENN S' LVA141 CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 11-6536 AFFIDAVIT OF SERVICE OF AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 30th day of March, 2012, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF A() 1 , 2012 Nova n (%_ NOTARY PUBLIC ? M E LTH OF FENNSYL.VANIA N TATARIAL SEAL Meg,a,n C. PaAcu-Notary Public C* of Ph.iladelt$ia, Philadelphia County M y CokimL%1QN EXPIRE'S JAN, 06, ZO14 McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff By: TERRENCE f?AcCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Cenlar FSB Plaintiff V. Joshua A. Boughner Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 11-6536 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 47 H Street, Carlisle, Pennsylvania 17013, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property is attached hereto. 1. Name and address of Owner or Reputed Owner 2. 3 4. Name Address Joshua A. Boughner 47 H Street Unionville, Pennsylvania 17013 Name and address of Defendant in the judgment: Name Address Joshua A. Boughner 47 H Street Unionville, Pennsylvania 17013 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Address 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 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 47 H Street Carlisle, Pennsylvania 17013 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 811 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: 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 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Name and address of Attorney of record: Name Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. McCABE, WEISBERG & CONWAY, P.C. March 30, 2012 Attorneys for Plaintiff DATE By: TERRENCE . MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE MARISA J. COHEN, ESQUIRE KEVIN T. McQUAIL, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Cenlar FSB Plaintiff V. Joshua A. Boughner Defendant DATE: March 30, 2012 COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-6536 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Joshua A. Boughner PROPERTY: 47 H Street, Carlisle, Pennsylvania 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on June 6, 2012 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. yyy hP?? ? J J. fS .. IL 7 4r lu D iINn x Ec _ o o'a 47,q w? ?w G " ? C CJ L O re) L O., N G? t*O y -- v ? ? A N o - 44 W R R R °' C ? C C y ? 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O W o R Q V 3 `:a ? CL .. U Mom ?z R?NrEn g N M d V7 r • I l 0 M y L C +' ? ,p T ? ? U O t/1 w T ?° OA .? C Q tr) zo •Q p ?? Zo 0 nQa V Ld O ?bN.? r ? wO CQ O ?Oi O" •L 40 • L C3 O L i C a? Od O C ti00 ?CO?O O CM Q?? >? y C O CM ?Rn ?V v L n'? v+ C ?++CLG4 bl0 d y , U 4r ??h L ,.w werr ?dN O ?dN d ? d w 7 O GL +. d w O O ,, C C ?" w .+ -• y Ow0 O • G, y 'O L d O 04 y cc + a+ es r, a> > O v ea +-' G? V1 L •' a? CN a C d z?d H Ga 4.0 .+ ++ UI ' bD yw C ++ r 0 > O a> ?w C L O > p CQ NAG ? fn CL, ??i! w^O"'?7_' a?A wC ? ? L C L C D ? C/1 w y?+ ?QCpq ?+ ?w '/? a+ ?CpCpp ?c??MUy y C er L,? ?+y0y y?a1 "-'y?i•O y C"O z C "O?io? +?, L? L "Cy?a?OC AaZ ?a?CC -0?Aa,s ?SF3aQa cuav N? , ?xN00 x d?3 d? ap O h O ud y a E o? z, • d Ha r v 'a ?.. o? y C O ? o ? z? OQ O? O .ti .-? .••i N .r M .r a m am M [r r? .r 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 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 Cenlar FSB V. Joshua A. Boughner Attorneys for Plaintiff +. ! - AR -9 Ft :1J,"1 ,ERLAND COUNTY ENNSYLVAWA COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-6536 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: The undersigned, attorney, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: That he is counsel for the above-named Plaintiff; 2. That on April 2,2012 per the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Joshua A. Boughner, by regular mail, certified mail, return receipt requested, addressed to 1752 Doe Run Road, P.O. BOX 776, Unionville, PA 19375. True and correct copies of the letters, certified return receipt and certificate of mailing, are attached hereto, made a part hereof, and marked as Exhibit "A ." That on March 23, 2012 with the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Joshua A Boughner, by posting the same at the mortgaged premises known as, 47 H Street, Carlisle, PA 17013 True and correct copies of the Sheriff's Return of Service form indicating the same are attached hereto, made a part hereof, and marked Exhibit "B." SWORN AND SUBSCRIBED BEFORE ME THIS- Day of yj 2012 NOTAR PUBLIC Comm 0FPffXk*YLVAW NOTARIAL SEAL. MEGHAN M. PAi,MER, Notary Pubic City of Ph0adel?hia, Phia. Coturly My Commission ou Dece:°tbar 14, 2015 BY: Attorneys fo Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE HEIDI R. SPIVAK, ESQUIRE KEVIN T. McQUAIL, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE MCCANE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCAUE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQu IRF - ID # 17616 EDWARD D. CONWAY, ESQUIRE -1D # 34687 MARGARET GAIRO, ESQUIRE - ID # 3441.9 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Cenlar FSB Cumberland County Court of Common Pleas Plaintiff V. Joshua A. Boughner Defendant Number 11-6536 ORDER AND NOW, this 3dday of Qe,+. , 2011, the Plaintiff is granted leave to serve process in this mortgage foreclosure action upon the Defendant, Joshua A. Boughner, by regular mail and by certified mail, return receipt requested, to his/her last known address of 1752 Doe Run Road, P.O. Box 776, Unionville, Pennsylvania 19375, and by posting the mortgaged premises of 47 H Street, Carlisle, Pennsylvania 17013. BY THE COURT: J. E?xT A r 0 (Domestic ? Insurance ? .?- ? ?-? 43 M For delivery information visit our website at www.usps.com L.n ` r%- L n Postage $ Cr Certified Fee e q . Postmark O Return Receipt Fee Here 11 j Q (Endorsement Required) O Restricted Delivery Fee M (Endorsement Required) .-9 s r--l Total Postage & Fees r=3 Sent To r-q r-9 5x1-v-la.tS1C1?1?-?------------°-----------°------ d Street, -Apt. No.: or PO Box No. CItyY. State. IP+a / /? tQ r !VI?N(//Ale IPInk f/ S y PS Form 3800. August 2006 lo, 1,Slluctfotls ?. 3 r UCl s N ° r3 ? G a ? b R o o J ? w W Q ? U C U Ym A O d a G O 'O y V G y O O a?i `"' zG r` M y. 6 GO d Qti :l N FUj Q. ? • RI Q V ? ? ? ? ? ? y t C ? o ? Q ? p Gq N O U ? ? ? ? a u as ? z ? 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N M C G, .o pr M?M C r+ L d .y d [.n T 1 O V 0 0 0 cu t?^ ao M EXHIBIT B SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff et.V.ue& Jody S Smith Chief Deputy Richard W Stewart Solicitor cr•? of me Mice Cenlar FSB vs. Joshua A.Boughner Case Number 2011-6536 SHERIFF'S RETURN OF SERVICE 03/23/2012 07:38 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 47 H Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 03/23/2012 07:38 PM - Deputy Valerie Weary, being duly swom according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Joshua A. Boughner, pursuant to Order of Court by "Posting" the premises located at 47 H Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County with a true and correct copy according to law. SHERIFF COST: $911.20 March 27, 2012 SO ANSWERS, RONry R ANDERSON, SHERIFF m C ciuntyso% Sheriff: Townson. Ise- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff,t Jody S Smith Chief Deputy k _ t Illy L 9 Richard W Stewart rp Solicitor CiFf P E N N S Y D ,'i'% t4 l iA, Cenlar FSB vs. Joshua A.Boughner Case Number 2011-6536 SHERIFF'S RETURN OF SERVICE 03/23/2012 07:38 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 47 H Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 03/23/2012 07:38 PM - Deputy Valerie Weary, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Joshua A. Bouglhner, pursuant to Order of Court by "Posting" the premises located at 47 H Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County with a true and correct copy according to law. 05/23/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $682.20 SO ANSWERS, May 24, 2012 RON R ANDERSON, SHERIFF . SZ L?_ fof . r Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 11-6536 AFFIDAVIT PURSUANT TO RULE 3129 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 HE DI R. SPIVAK, ESQUIRE - ID #74770 MA SA 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 Philadelphiaj, Pennsylvania 19109 215) 790-10110 Cenlar FSB' Plaintiff V. Joshua A. Bjoughner Defendant The dersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real prop located at: 47 H Street, Carlisle, Pennsylvania 17013, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Joshua A. Boughner 47 H Street Unionville, Pennsylvania 17013 2. Name and address of Defendant in the judgment: Name Address Joshua A. Boughner 47 H Street Unionville, Pennsylvania 17013 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 r 4. 5 Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Address 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 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 Tenants/Occupants 47 H Street Carlisle, Pennsylvania 17013 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: 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 Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 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 unsworn falsification to authorities. / AAC fg??? December 7,, 2011 Margaret airo, Esquire DATE Attorney Ir Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BOUNDED on the south by "H" Street; on the west by Lot No. 42; on the north by land now or formerly of John Hays; and on the east by Lot No. 45; being Lots Nos. 43 and 44 in Home Acres Plan of lots as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 1, Page 93; said tract having a frontage of 50 feet on ',"H" Street and extending on west line 150 feet, more or less, and on the east line 160 feet, more or less; being improved with a dwelling house and being known as 47 "H" Street, Carlisle, Pennsylvania. BEING: 47 0 Street, Carlisle, Pennsylvania 17013. BEING the sane premises which SCOTT BENCH, MARRIED MAN, by deed dated March 29, 2007 and recorded March 30, 207 in the office of the Recorder in and for Cumberland County in Deed Book 279, Page 1804, granted and conveyed to Joshua A. Boughner, single man. TAX MAP PARCEL NUMBER: 06-19-1641-033 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOII-6536 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENLAR FSB Plaintiff (s) From JOSHUA A. BOUGHNER (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: $160,466.30 L.L.: $.50 Interest FROM 12/6/11 $4,853.92 AT $26.38 Arty's Comm: % Due Prothy: $2.00 Arty Paid: $240.50 Other Costs: Plaintiff Paid: Date: DECEMBER 12, 2011 David D. Buell, Prothonotary (Seal) p? zaau Deputy REQUESTING PARTY: Name: MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone,: 215-790-1010 Supreme Court ID No. 34419 TRUE COPY FROM RECORD in Testimony whereof, I here unto set my hand and the seal of said, rt at Carlisl 20Pa' This a` daY of yypro tary f? Q - 71 On January 1, 2012 the Sheriff levied upon the defendant's interest in the real property situated in the Borough of Carlisle, Cumberland County, PA, known and numbered as 47 H Street, Carlisle, PA 17013, more fully described on Exhibit"A" filed with this writ and by this reference incorporated herein. Date: January 30, 2012 By: For Claudia Brewbaker, Real Estate Coordinator 1 , t i I,,y ivC CUMBERLAND LAW JOURNAL Writ No. 2011-6536 Civil Term Cenlar FSB vs. Joshua A. Boughner Atty.: Terrance McCabe ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BOUNDED on the south by "H" Street; on the west by Lot No. 42; on the north by land now or formerly of John Hays; and on the east by Lot No. 45; being Lots Nos. 43 and 44 in Home Acres Plan of lots as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylva- nia, in Plan Book 1, Page 93; said tract having a frontage of 50 feet on "H° Street and extending on west line 150 feet, more or less, and on the east line 160 feet, more or less; being improved with a dwelling house and being known as 47 "H° Street, Carlisle, Pennsylvania. BEING: 47 H Street, Carlisle, Pennsylvania 17013. BEING the same premises which SCOTT HENCH, MARRIED MAN, by deed dated March 29, 2007 and re- corded March 30, 2007 in the office of the Recorder in and for Cumberland County in Deed Book 279, Page 1804, granted and conveyed to Joshua A. Boughner, single man. TAX MAP PARCEL NUMBER: 06- 19-1641-033 41 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 thesame as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 27, May 4, and May 11, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements' as to time, place and character of publication are true. i is Marie Coyne, Edito SWORN TO AND SUBSCRIBED before me this da of May, 2012 , Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFF S OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patr1*ot*1Xews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587. Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain. being duly sworn according to law. deposes and says: That she is a Staff Accountant of Tne 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, panted 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. ?11-6536 Chili Term Cenlar FSB /// Vg This ad ran on the date(s) shown below: Joshua A.Boughner Atty: Terrance McCabe 04/27/12 ALL THAT CERTAIN tract of land situate 05/04/12 in the Borough of Carlisle, Cumberland County, Pennsylvania, hounded and 05/11/12 described as follows: BOUNDED on the south by "H" Street; on the west by Lot No. 42; on the north by land now or formerly of John Hays; and on the east by Lot No. 45; being Lots Nos. 43 and 44 in Home Acres Plan of lots as Swern to and subscribed b ?re me this 22 ay of May, 2012 A. D. recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 1, Page 93; said tract having a frontage of 50 feet on "H" Street and extending on west line 150 Notary Public feet, more or less, and on the east line 160 feet, ore or less; being improved with a dwe g house and being known as 47 "H" Stre , Carlisle, Pennsylvania. BE G: 47 H Street, Carlisle, Pennsylvania 17 , COMMONWEALTH OF PENNSYLVANIA BEING the same premises which SCOTT Notarial Seal BENCH, MARRIED MAN, by deed Sherrie L. Owens, Notary Public i dated March 29, 2007 and recorded March Lower Paxton Twp., Dauphin County 30, 2007 in the office of the Recorder in My Commission Expires Nov. 26, 2015 and for Cumberland County in Deed Book MEMBER, PENNSW VANIA A350 _ A110N OP NOTARIES 279, Page 1804, granted and conveyed to Joshua A. Boughner, single man. TAX MAP PARCEL NUMBER: 06-19- 1641-033 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 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Cenlar FSB Plaintiff V. Joshua A. Boughner Defendant TO THE PROTHONOTARY: Attorney for Plaintiff rn c,- ?-? z c -? C Z 7 -n r' y,. C= Ca --R --i 7s CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 11-6536 PRAECIPE TO VACATE JUDGMENT Kindly vacate, upon payment of your costs only, the default judgment entered in the above-captioned matter ag defendant JOSHUA A. BOUGHNER on December 7, 2011. This praecipe to vacate is filed without prejudic plaintiffs rights in this matter and is without prejudice to plaintiffs right of recovery against defendant on the under] obligation. DATE: TERR CE 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 KEVIN T. MCQUAIL, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE BRIAN T. LAMANNA, ESQUIRE g q. ATTORNEY FOR PLAINTIFF to Sn? a 044?? 1Z gS? I . 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 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plai Cenlar FSB Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v. I No. 11-6536 Joshua A. Boughner Defendant CERTIFICATE OF SERVICE 1? Attorney for Plaintiff, hereby certifies that a true and correct copy of the Praecipe to Discontinue and End, as well as Praecipe to Vacate Judgment, was served on the below person by i first class mail, postage prepaid, on the 4 day of July, 2012. Joshua A. Boughner 47 H Street Unionville, Pennsylvania 17013 DATE: (a" TERR CE J. McCAE119, ESQUI MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE HEIDI R. SPIVAK, ESQUIRE MARISA J. COHEN, ESQUIRE KEVIN T. MCQUAIL, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE BRIAN T. LAMANNA, ESQUIRE ATTORNEY FOR PLAINTIFF lar 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 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Cenlar FSB i c Cb "t2 f Att nto 9 o orney r* r..,, C/) "VIM - C ) -< W u Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v. No. 11-6536 Joshua A. Boughner Defendant PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter as Discontinued and Ended, without prejudice, upon payment of your costs only. ?C 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 KEVIN T. MCQUAIL, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE BRIAN T. LAMANNA, ESQUIRE ATTORNEY FOR PLAINTIFF