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HomeMy WebLinkAbout12-2049r•,?+;?J COUNTY SYL VA' 1141,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 Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 V. Gregg Sanders 128 Wesley Drive Mechanicsburg, Pennsylvania 17055 Attorneys for Plaintiff Cumberland County Court of Common Pleas via -?vy9 ?v?i Number G? COMPLAINT IN MORTGAGE FORECLOSURE (K) A02 13 5- /Dc/a /? NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFERLEGAL 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 cone. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a] partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpia con todas las provisiones de esta demanda. Usted puede perder d inero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O "rELEFONEA LA OFICINA EXPUSO ABAJO. 1 STA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A LJN ABOGADO. SI USTED NO PUEIA` PItOPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER 1,OS SERVICIOS LEGALES A PERSONAS EL,I?GIBLES EN UN HONORARIO REDUCIDO N1 NINGUN HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP, duly organized and doing business at the above-captioned address. 2. The Defendant is Gregg Sanders, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 128 Wesley Drive, Mechanicsburg, Pennsylvania 1.7055. 3. On June 22, 2005, Gregg Sanders made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems Inc., acting solely as a nominee for Home Loan Center, Inc., dba Lending Tree Loans which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1912, Page 339, such Mortgage being incorporated herein by reference by virtue of Rule 1019(g) Pa. R. C. P. 4. On September 19, 2011, the aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems Inc., acting solely as a nominee for Home Loan Center, Inc., dba Lending Tree Loans to Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County in Mortgage Instrument # 201125931, such Assignment of Mortgage being incorporated herein by reference by virtue of Rule 1019(g) Pa. R. C. P. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 128 Wesley Drive, Mechanicsburg, Pennsylvania 17055. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due February 1, 2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance $ 111,490.76 Interest January 1, 2011 through February 27, 2012 $ 8,204.68 (Plus $19.4194 per diem thereafter) Attorney's Fee $ 1,450.00 Late Charges $ 38.52 Corporate Advance $ 165.00 Escrow Advance $ 3,954.98 Suspense Balance $ (931.90) GRAND TOTAL $ 124,372.04 8. Notice of Intention to Foreclose under Act 6 of 1974 (41 P.S. §403) was sent to Defendant by certified mail, return receipt requested as required by that Act. Notice under the Homeowner's Emergency Mortgage Assistance Act (Act 91) was not provided as the provisions of such Act were not applicable at that time and no notice under such Act was required. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $124,372.04, together with interest at the rate of $19.4194 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY: [ ] TE CE J. McCABE, ESQt1IRE [ ^}-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 Attorneys for Plaintiff VERIFICATION L t{e c? ( l sk c hereby states that hei is li?f r< +??? e ,6 of Bank of America, NA soni ' plaintiff in this matter that he/ he authorized to make this verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hi er nowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: ° - ? - l _-4- By: Printed Name: C-I Title: J? S F cQ :-c RGvl QJ A Y?'"-Lo-L C e N Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP v. Gregg Sanders M IIIII?III?II?IIIIill?ll? ROto x? . 11??1?1?11?1?111 ?I IIII 610 092884770 D2 001 001 RECORDER Oi:DEEDG Preps wy. CUMBERLAND COUNTY-PI, Home Loan Center, Inc., ?O?s ?yy P? 1 Q dba LendingTree Loans 163 Technology Drive Irvine, CA 92618 Returned To. Home Loan Center, inc., dba LendingTree Loans 163 Technology Drive } Irvine, CA 92618 Parcel No: 13.23-0559-062 [Space Above This Line For Retarding Data) MORTGAGE MIN; 100196800030196700 Loan Number: 3019570 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which Is dated all Riders to this document. (B) "Borrower" is Gregg Sanders, a Single Person Borrower is the mortgagor under this Security Instrument. June 22, 2005 , together with (C) "N1)>RS11 is Mortgage Electronic Registration Systems, Inc. N1ERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MFRS is the mortgagee under this Security Instrument. NMS is organised and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-VIERS. (D) "Fender" is Home Loan Center, inc., dba LendingTree Loans Lender is a a California Corporation organized and existing under the laws of Califomla . Lender's address is 163 Technology Drive, Irvine, CA 92618 (E) "Note" means the promissory note signed by Borrower and dated June 22, 2005 . 't'he Note states that Borrower owes Lender One Hundred Twenty Three Thousand Five Hundred and nof100 Dollars (U.S. $123,500.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than July 01, 2035 rMNSYLYANIA-Single Family-Fannle MaeMreddle Use UNIFORM UWRUM T Form 30391/01 oreaDo66- nW279MI ice?-MOs (Page I f16payer) To order Celt I-eoaeea•ms 276OL1 BK1912PGO339 (P') "Property" means the property that is described below under the heading `°rransfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (1) "Riders" means all Riders to this Security Instrument that are executed by Borrower: The following }ciders are to be executed by Borrower [check box as applicable]: H Adjustable Rate Rider U Condominium Rider -j Second Home Rider H Balloon Rider U Planned Unit Development Rider J Other(s) [specify] HI-4 Family Rider U Biweekly Payment Rider (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (j) "Community Association Dries, Fees, and Asses"sments" means all hues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (I) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which Is Initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term Includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers Initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than Insurance proceeds paid under the coverages described in Section 5) for (I) damage to, or destruction of, the Property; (il) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Properly. (1) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (1) principal and interest under the Note, plus (ti) any amounts under Section 3 of this Security Instrument. PENNSYLVANIA-,Single Family--Fannie Mae/Freddie Moe UNIFORM INSTRUMENT Form 30391/01 Groeaoes" ITEM 27am 10405}-Mrdt$ (Page2 of 16pager) To Order Cale 1.eoaoe8.5775 27601-2 65 11(1912 PG 0 3 .4 0 ` ,., t , (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the some subject matter. As used in this Security Instrument, "RBSPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (ty "Successor In Interest of Borrower" means any party that has talreu title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument, TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (I) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and C?nsuccessors and assigns of MFRS the following described property located in the [?,pe orRecarding County of Cumberland [Name orRecording Juri[sdiction] As per legal description attached hereto and made a part hereof APN:13.23-0559-062 which currently has the address of 128 Wesley Drive [street] Mechanicsburg , Pennsylvania 17055 ("Property Address"): [City] [Zip Code] TOGEPIiER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fttures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MFRS holds only legal title to the interests granted by Borrower in this Security Instrument, but, If necessary to comply with law or custom, MGRS (as nominee for PENNSYLVANIA--Single Family--Fannie MadFreddie Mee UNIFORM INSTRUMENT Form 30391101 OreaftosM i>'e+t27eau 0N05)-NEaa (Page3 of16papir) To order dale t-eoo•ese-sns 2760L3 ?J BK 1912PGO34 I Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER. COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank cheek, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment Is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note Immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order In which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. PENNSXLVANU--single Family-Fsnnle MaelFreddis Mae UNIFORM INSTRUMENT Form 30391/01 GreeDooe^" ITEM 278%A PQI)--YBRS (Page I q{16 pages} To Order UK: 1.800.088-M5 2760LA Gs BK1912PG0342. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment Is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the frill payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender In lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly ftimish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given In accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, If Lender is an institution whose deposits are so insured) or in any Federal Horne Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Leader pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires Interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree In writing, however, that interest shall be PENNSYLVANIA-Single Faaiiq-Fannie MadFreddie Mae UNIFORM INSTRUMENT Form 30391/01 GreaCOOa° 278 1U5 (0105)-MeRS (Page 5ojl6pagea) To Ordar C811: 1-800-90-W5 4!?S BK191.2PG034a paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RFSPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess Hinds in accordance with RESPA. If there Is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If time is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4 Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the mannerprovided in Section 3, Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower Is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfirctory to Lender subordinating the liar to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a onetime charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, In connection with this Loan, either. (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting fiom an objection by Borrower. If Borrower foils to maintain any of the coverages described above, Larder may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Leader, but might or might not protect Borrower, Borrower's equity In the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower PENNSYLVANIA--Single Family-Fanale Maeahadle Mac UNIFORM INSTRUMENT Morn 30391/01 OreaOooe*' 'TV" p4o --MQRa (Par 6of,6pages) To Order Cog: I.800.988.5775 274 ?s 10K1912PG0344 acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lander as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made In writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for In Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from, Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any reflmd of unearned premiums paid by Borrower) under all insurance policies covering the Property, Insofar as such rights are applicable to the coverage of the Property. Lender may use the Insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent pENNSY'LVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 30391/01 GreaVaosm n,ac 27!017 W/ob}-mans (Page 7 of 16 pages) To Order Cali: 1-WD-965-5776 2760L7 ?s BK1912PGO345 . . the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only If Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or In a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or peter to such an Interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default it during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or Inaccurate information or statements to Lender (or failed to provide Lender with material information) In connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its Interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities tamed on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. It for any reason, the Mortgage Insurance coverage required by Leader ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage )MMSYLVATIIA-Oink Family-Fannie MadFreddle Mac UNIFORM INSTRUM M Form 3039 1101 ITEM 27a01a 004-mms (Page 8 of i6pagw) To Order CeN:1-000QM5775 27601.8 6'S xK1912PGO346 substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insuuanco previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non- refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan Is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for th e period that Lender requires) provided by an insurer selected by Lender again becomes avallablq is obtained, and Lender requires separately designated payments Wward the premiums for Mortgage Insurance. If Lender required Mortgage Insurer= as a condition of making the an and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide anon-refundable Was reserve, Mal Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all sugh insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage Insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modif ing the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower ha"f any-with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be underteken.promptly. Lender may pay for the repairs and PENNSYLVANIA-Single Funny--Fannie Mae/Freddle Mae UNIFORM INSTRUMENT Form 30391/01 GreaOooa*r ITEM VOW lam-" WM (Page .9 Of 16 pages) To Order Col: 1400.988.5775 27601.8 4s SK 1912PG0347' restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lesseped, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lander otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss In value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss In value of the Property to which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree In writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property Is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfai ure of the Property or other material Impairment of Lender's Interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the Impairment of Lender's Interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made'by the original Borrower or PENNSYLVANIA--Site Family-Fannie Mae/Freddie Mae IMMORM MMUM M Forn? 30391/01 GroaooosTM rrEM27NUO(a0s?..Mafu (Par 10ofmpa n) To orderCal: +•eaaeae-5775 27SOL10 `BK 1912PGO3.4a any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or In amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security instrument; and (c) agrees that Lender and any other Borrower can agree to extend, mod*, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted Umit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address If sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering It or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by P)3NNSYLVANIM-61n8le Family.-Fannie Maefteddie Mec UNIFORM 94MUMENT MIM2760L11 lows)-MM 276OL11 (Page 11 of16pago) Form 30391/01 GreaCcou" To order Cell: 1.900.98""" 6K1912PGO349 this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Sevasibiiity; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained In this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest In the Property, including, but not limited to, those beneficial interests transferred In a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums segued by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Leader may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enfbroetment of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrcment, inclurd'mg, but not limited to, reasonable attorneys' fees, properly inspection and vahaation fees, and other fees ineumd for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights .under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such rerastatement sums and' expenses in one or more of the following forms, as selected by Lender. (a) cash; (b) money order; (c) cettfied check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by e federal agency, instrumentality or entity; or (d) Electronic Punds Transfer. Upon reinstatement by Borrower, PENNSYLVANIA--8iagte Family--Fannie Mw/Freddie Mac UNIFORM INSTRUMENT MW VWLa2 P4 " EM 2760!.42 (Page I2 oj16pages) Gs Form 3039 1/01 To Order Cett:1•e o-eos-M5 UK1912PGO350 r ' • t this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 1 S. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might remit in a change in the entity (known as the "Loan Serviccr'? that collects periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servieer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section IS) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances In consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of e PENNSYLVANIA-Single Family-Fannie MadFreddie Mae UNIFORM INSTRUMENT Form 30391/01 Greelneos- 6 74ex,3 (nosy-raExg (Pate lY of 16 pogo) To Order Call: 14oo-ee5-MB as ?K 1-912PGO35 I Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remedistion of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing heroin shall creatq any obligation on Lender far an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Leader shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result In acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses Incurred In pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proixedings to enforoo this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA-Sin& Family-Fannle MadFreddie Mae UNIFORM INSTRUNERNT Form 3039//01 GreaOocow ITem XMU4 040yl-*188 (Page 14 of 16 pages) To Order W:1.90Qae&5T7b 276OL14 DK1912PGO35Z a?7 I •r . BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 through 16 of this S m d in any Rider etecuted by Borrower and recorded with it. (Seal) {Seal) Gregg 3 em -Borrower -Borrower .Borrower -II (seal) rower (Seal) -Borrower Witness: Witness: PENNSYLVANIA-Sitrgle Gamily-Fanote Mae/Freddie Mae UNIFORM INSTRUMENT ITEM 2790U5 {0105}-MM 27SOL15 (Page 15 of16paper) . _ (Seal) -Borrower Form 3039 1101 ofea0oos. 7o Order Call: 1-800.96&5775 8K1912PG0353 1 r t ? . J State of Pennsylvania County of Cumberland On this the day of V V kC ?60 c , before me, the undersigned officer, personally appeared Gregg Sanders known to me (or satisfactorily proved) to be the person(s) whose pame(s) I,S subscribed to the within instrument and acknowledged that tk- executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEA{YH01'i NNS_Yt,.VgN1A MATTHEW GLA NN SEAL MA1Ien Twp. Cu?r?eNotiq and Coun Ort Title of Officer ty MS FebNa 3.20M My commission expires: After Recording Return To: Home Loan Center, Inc., dba LendingTree Loans 163 Technology Drive Irvine, CA 92618 Loan 3018570 ?? / I CERTIFICATE OF RESIDENCE I, vzl do hereby certify that the correct address of the within named lender is 163 Technology Drive, Irvine, CA 92618 Witness my hand this dov day of j t/tc aQd'?- Agent of Lender PENNSYLVANIA-Single Family-Fwak M*dFreddie Use UNIFORM INSTRUMXNT ITEM 27a0M6 P40*-61E" 2760L16 (Page 16gf 16 pages) aS Form 3039 1/01 GreaOao*" To Order Call:1-69t}966.677b $K1912PGO354 y I• LEGAL DESCRIPTION 128 WESLEY DRIVE 1410HANTCSBURG, PA 17055 MMIBIT fA, CUMBERLAND County ALL THAT CERTAIN lot situate in Lower Allen Township, Cumberland MCiuchael nty, Pennsylvania, as shown on the survey dated June 12, 1974 by follows: C. D'Angelc, Registered Surveyor, more fully described as BEGINNING at a point in the southerly side of Wesley Drive, a distance of 469.045 feet West of the southwest intersection of Wesley Drive and Roy41 Drive) thence South 45 degrees 22 minutes pest along the division line between Lots Nos. 37 and 36, a distance of 116.53 feet to a point; thence North 44 degrees 38 minutes West along the division line between Lots Nos. 7 and 36, a distance of 75 feet to a pointj thence North 45 degrees 22 minutes East along the division line between Lots 68 feet Nos. 35 and to a oint in side of Wesley/Drivel thenceoSouth.45 degrees 17pminutes Ethe southerly southerly side of Wesley Drive, a distance of 75.005 feet tota point, the place of BEGINNING, p, BEING Lot No. 36, Block C, Plan 2, Windsor Park, which Plan is recorded in Plan Book 10, at page 19. BEING known as No, J2$ Wesley Drive, I Certify this to be recorded In Cumberland County PA y\ Recorder of Deeds BR.I9I2P60355 SHERIFF'S OFFICE OF CUMBERLAND COUNW Ronny RAnderson FILED-OFFIC" , Sheriff OF THE PROTHONOTAR ?etufbr?l4 ?? Jody S Smith Chief Deputy 2912 MAY 22 AM 9-, 10 ?;... >?., Richard W Stewart solicitor OF(lUE OF'-:.! '"°' CUMBERLAND COUNTY PENNSYLVANIA Bank of America, NA Caere Number vs. 2012-2049 Gregg Sanders SHERIFF'S RETURN OF SERVICE 04/04/2012 01:56 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, stakes that on April 4, 2012 at 1356 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wk: Occupant of 128 Wesley Drive, Mechanicsburg, Pennsylvania 17055, by making known unto Fatuma Hussein, current Occupant of 128 Wessey Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same titne banding to her personally the said true and correct copy of the same. (U< MICHELL HALL, DEPUTY 04/09/2012 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: Gregg Sanders, 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 Gregg Sanders. Request for service at 128 Wesley Drive, Mechanicsburg, Pennsylvania 17055 the Defendant was not found. 05/1712012 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: Gregg Sanders, but was unable to kx*e him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Gregg Sanders. Request for service at 24 Mallard Court, Mechanicsburg, Pennsylvania 17055 the Defendant was not found. Deputies were advised, Gregg Sanders moved over one year ago from this residence. SHERIFF COST: $90.00 May 18, 2012 SO ANSWERS, - 6z - RON R ANDERSON, SHERIFF (c) CountySUte Sheriff. Telewoft, Inc. McCABE, WEISaERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WELSBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP flca Countrywide Home Loans Servicing, LP Plaintiff v. Gregg Sanders Defendant Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 2012-2049 Civil PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. T EN +' J. McCABE, ESQUIRE MARC S. EISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff c C ..,.~ ~#~i s -v ~~ ~ ~. ~~ "~ o 2p = ~ ..+ ,~ ~~ ~l S~po~i C 1~ I73o 9~ ,~ ~~ oI3S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION CD FILE NO.:2012-2049CIVIL Civil Terrrk.7 p . Bank of America,N.A. G V. AMOUNT DUE: $131,304.77 � q Gregg Sanders INTEREST: from 02/19/13 $4,272.84 at$21.58 —G� WQ ATTY'S COMM.: rC© CD-n 7G C) , COSTS: G p Ln 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) 128 Wesley Drive,Mechanicsburg Pennsylvania 17055 (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 gamishee(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: B [ Terre ce J.McCabe,Esq. [ arc . Weisberg,Esq. ] Edward D. Conway,Esq. ( ] Margaret Gairo,Esq. Andrew L.Markowitz,Esq. [ ] Heidi R.Spivak,Esq. Marisa J.Cohen,Esq. [ ] Kevin T. McQuail,Esq. {sJ�� Oj�.Op F ( ] Christine L.Graham,Esq. [ ] Brian T. LaManna,Esq. [ ] V Ann E. Swartz,Esq. [ ]Joseph F. Riga,Esq. ��• Foley, Joseph 1. [ ] P Y,Es q• [ ] Celine P.DerKrikorian,Esq. 'U 3 '�!, 11 It Attorneys for Plaintiff S t 1 t, Firm: MCCABE,WEISBERG AND CONWAY Address:123 S. Broad Street, Suite 1400 it 4! Philadelphia,PA 19109 a Attorney for: Plaintiff ff U� , Telephone: 215 790 1010 Supreme Court ID No. .ash 00. W 14 Tssu'ej LEGAL DESCRIPTION ALL THAT CERTAIN lot situate is Lower Allen Township, Cumberland County, Pennsylvania, as shown on fhe si ey dated June 12, 1974 by Miebael C, D'Angelo, Registere,d Surveyor, more fWly described as follows: BEGINNING at a point in the southerly side of Wesley Dm+e, a distance of 469,045 feet WW of the southwest intersection of Wesley give and Royal Drive; thence South 45 degtees 22 minutes, West along the division. line betweenlots :nos. 37 and 36, a d staacc of l 15.53 feet to a point-, thence North 44 de,grecs 38 minutes West along the division lice between L Ms Nos, 7 and `6, a distance of 75 feet to a point;.thence North 45 degrees 22 minutes East allom! the division line between Lots Nos. 35 and 36, a distance of i 15.68 fect to a point in the southerly side of Wesley Drive; thence South 45 degrees 17 minutes East along the southerly side of Wesley give, a distance of 75.405 feet is a Point, the place of DEG.R*,1 11 Cs, BEING Lot No. 36, Block C, Plant 2, Windsor Farb,, which Plan is recorded in Plan Book 10, at Page. 19. 128 Wesley Drive,Mechanicsburg,Pennsylvania 17055. BEING the same premises which RICHARD E. MCGEE AND HELEN L. MCGEE, HUSBAND AND WIFE by deed dated June 22,2005 and recorded June 24,2005 in the office of the Recorder in and for Cumberland County in Deed Book 269,Page 2636,granted and conveyed to Gregg Sanders,a single person. TAX MAP PARCEL NUMBER: 13-23-0559-062 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 , e7 �y HEIDI R.SPIVAK,ESQUIRE-ID#74770 � C=) MARISA J.COHEN,ESQUIRE-ID#87830 w KEVIN T.McQUAIL,ESQUIRE-ID#307169 r'rs CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 ? CD BRIAN T.LaMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 " W JOSEPH F.RIGA,ESQUIRE-ID#57716 " JOSEPH 1.FOLEY,ESQUIRE-ID#314675 C 123 South Broad Street,Suite 1400 r> Philadelphia,Pennsylvania 19109 --s � :;a 215 790-1010 Bank of America,N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff V. NO: 2012-2049CIVIL Gregg Sanders Defendant 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: 128 Wesley Drive,Mechanicsburg,Pennsylvania 17055, 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 Gregg Sanders 24 Mallard Court Mechanicsburg,Pennsylvania 17055 2. Name and address of Defendant in the judgment: Name Address Gregg Sanders 24 Mallard Court Mechanicsburg,Pennsylvania 17055 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 Cumberland County Adult Probation 1 Courthouse Square Carlisle,Pennsylvania 17013-3387 First National Bank of Omaha 1620 Dodge Street Omaha,Nebraska 68197 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address Lower Allen Township Authority 120 Limkiln Road New Cumberland ,Pennsylvania 17070 c/o Sephen P.Miner, Esquire Lower Allen Township Authority 1035 Mumma Road Suite 101 Wormleysburg,Pennsylvania 17043 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 128 Wesley Drive Mechanicsburg,Pennsylvania 17055 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"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: Sheriffs Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America c/o United States Attorney for the Middle District of PA William J.Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton,PA 18503 and Harrisburg Federal Building&Courthouse 228 Walnut Street, Ste.220 Harrisburg,PA 17108-1754 United States of America c/o U.S.Dept of Justice,Room 5111 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 United States of America c/o U.S. Dept of Justice,Room 4400 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 8. Name and address of Attorney of record: Name Address 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. BY: May 21,2013 [ ] Ter nce J. McCabe,Esq. [ arc S. eisberg,Esq. DATE [ ] Edward D. Conway,Esq. [ ] Marga et Gairo,Esq. ( ] Andrew L.Markowitz,Esq. [ ] Heidi R. Spivak,Esq. [ ] Marisa J. Cohen,Esq. [ ] Kevin T.McQuail,Esq. [ ] Christine L.Graham,Esq. [ ] Brian T.LaManna,Esq. [ ]Ann E. Swartz,Esq. [ ] Joseph F.Riga,Esq. [ ] Joseph I.Foley,Esq. [ ] Celine P.DerKrikorian,Esq. Attorneys for Plaintiff LEGAL DESCRIPTION .LL THAT CERTA N lot situate in I over Allen Townshila, �'urrzberlattd County, Permsylvania, as shown can the survey elated .Mule 12, 1974 by Michael C. D'Angelo, Registere-d Surveyor, wore fV11y described as follows: BEGINNING at a point in the southerly side of Wesley Drive, at distance or 469.045 feet West of the southwest intersection of Wesley 'Drive and Royal Drive; tbenre South 45 degrees 22 :ninates West along the division. line bemeen Lots nos. 37 and 36, a distanx of 116.53 feet:to a point, thence North 44 degrees 38 mirattes West along the division line bet veen Lots -Nos, 7 and 36, a distance of 75 feet to a point; thence Forth 45 degrees 22 rni.nutes East along the division line between Lots Nos. 35 and 36, a distance of I15.08 feet to a point Li lfw soudie:ly side of Wesley Drive; thence South 45 degrees 17 minutes East along the wutherly side of Wesley Drive, a distance of 75.005 feet to i point, the place of BEGINNING, BEING Lot Flo. 36, Block C, Plan 2, Windsor Park, which Plan is recorded in Plan Book 10, at page 19. 128 Wesley Drive, Mechanicsburg,Pennsylvania 17055. BEING the same premises which RICHARD E. MCGEE AND HELEN L. MCGEE,HUSBAND AND WIFE by deed dated June 22,2005 and recorded June 24,'2005 in the office of the Recorder in and for Cumberland County in Deed Book 269,Page 2636,granted and conveyed to Gregg Sanders,a single person. TAX MAP PARCEL NUMBER: 13-23-0559-062 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 CAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 C-1 G HEIDI R.SPIVAK,ESQUIRE-ID#74770 s MARISA J.COHEN,ESQUIRE-ID#87830 W --17. t-1 S.= KEVIN T. McQUAIL,ESQUIRE-ID#307169 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T. LaMANNA,ESQUIRE-ID#310321 �C ANN E.SWARTZ,ESQUIRE-ID#201926 �� a JOSEPH F.RIGA,ESQUIRE-ID#57716 C t JOSEPH I.FOLEY,ESQUIRE-ID#314675 123 South Broad Street,Suite 1400 ..� n Philadelphia,Pennsylvania 19109 (215)790-1010 CIVIL ACTION LAW Bank of America,N.A. COURT OF COMMON PLEAS V. CUMBERLAND COUNTY Gregg Sanders Number 2012-2049CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Gregg Sanders 24 Mallard Court Mechanicsburg, Pennsylvania 17055 Your house(real estate)at 128 Wesley Drive,Mechanicsburg,Pennsylvania 17055 is scheduled to be sold at Sheriffs Sale on September 4,2013 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$131,304.77 obtained by Bank of America,N.A. 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 Bank of America,N.A. 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. 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 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 a � LEGAL DESCRIPTION ALL THAT CERTAIN lot situate in Lower Allen Towns-hip, Cumberland County. Petltisylvania, �.s shown on file survey dated June 12, 1974 by Miebael C. D'Angelo, Registere-d Surveyor, more fWly deserib�d as fo][liws: BEGINNING at a point in the southerly side of Wesley Drive, at distance of 469.045 feet West of the southwest ttttersection of Wesley Drive turd R.o : Drive; thence South 45 dcQrees 22 ninutes West along the division. line between Lots Dios. 37 and 36, a disiaacc of 1 16.53 feet to a paint; thence North 44 degrees 38 minutes West along the division lit;_e hem,een Lots cos, t and 36, a distance of 75 feet to a point; thence North 45 degrees 22 minut,es East along the division line betwceu Lots. loos, 35 and 36, a dis=cs of 115.68 feet to a Point in & southerly side of Wesley Drivc; thence South 45 degrees 17 minutes East along the southerly side of Wesley Drive, a distance of 75,005 fea to a poi.Str, the Place of BEGINNING, BEING Lot No. 36. Block C, Plan 2, Windsor Park, which 'Plan is recorded in Flan Book 10, at Page 49_ 128 Wesley Drive, Mechanicsburg,Pennsylvania 17055. BEING the same premises which RICHARD E.MCGEE AND HELEN L.MCGEE,HUSBAND AND WIFE by deed dated June 22,2005 and recorded June 24,2005 in the office of the Recorder in and for Cumberland County in Deed Book 269, Page 2636,granted and conveyed to Gregg Sanders,a single person. TAX MAP PARCEL NUMBER: 13-23-0559-062 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-2049 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA,N.A. Plaintiff(s) From GREGG SANDERS (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the gamishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $131,304.77 L.L.:$.50 Interest FROM 2/19/13-$4,272.84 AT$21.58 Atty's Comm: Due Prothy: $2.25 Atty Paid: $340.50 Other Costs: Plaintiff Paid: Date: 5/23/13 David D B 11,Prothonota (Seal) Z49,21x P Deputy REQUESTING PARTY: Name:MARC S.WEISBERG,ESQUIRE Address: MCCABE,WEISBERG AND CONWAY 123 S.BROAD STREET,SUITE 1400 PHILADELPHIA,PA 19109 Attomeyfor: PLAINTIFF Telephone:215-790-1010 Supreme Court ID No, 17614 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-In#16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE-ID#34687 MARGARET GAIRO,ESQUIRE-In#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID 4 87830 M KEVIN T.MCQUAIL,ESQUIRE-ID#307169 f-rj f,-*, CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 CIO 123 South Broad Street, Suite 2080 W r-�Z- Philadelphia,Pennsylvania 19109 CD (215)790-1010 CD Bank of America,N.A. Cumberland County Plaintiff Court of Common Pleas V. Gregg Sanders Number 201.2-2049CfVIL Defendant SUBSTITUTION OF SUCCESSOR PLAINTIFF UNDER RULE 2352 TO THE PROTHONOTARY: Kindly substitute Plaintiff, Bank of America,N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP, with Bank of America,N.A. Pursuant to Pennsylvania Rule of Civil Procedure 2352(a), a "successor may become a party to a pending action by filing of record a statement of the material facts on which the right to substitution is based." The material facts in support of substitution of the Plaintiff are: 1. A Complaint in mortgage foreclosure was filed on 03/30/2012 in docket 4 12-00207. The Plaintiff in that action is Bank of America,N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP. 2• Effective July 1, 2011, BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP has merged with and into Bank of America,N.A. under the provisions of the National Bank Act. $Q-50M An-1 ov IM 5&9/ 110[Dq 3. Bank of America,N.A. is successor by merger to BAC Home Loans Servicing, LP of aq 1-53 fka Countrywide Home Loans Servicing LP and, as a matter of federal law, is deemed to be the same company as BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP and all rights, franchises, and interests of BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP in and to every type of property(real, personal, and mixed)and chooses in action are transferred to and vested in Bank of America,N.A., without any deed or other transfer. 4. Accordingly, the name of the plaintiff has changed to Bank of America,N.A. Based on the material facts set out above,kindly substitute Plaintiff, Bank of America, MA., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP with Bank of America,N,A. pursuant to Pennsylvania Rule of Civil Procedure 2352(a). McCABE, WEISBERG, AND CONWAY, P.C. BY: : Terrence J. McCabe, Esq. rc rc S S. Weisberg, Esq. Edward D. Conway, Esq. ] Margaret Gairo, Esq. Andrew L. Markowitz, Esq. Heidi R. Spivak, Esq. Marisa J. Cohen, Esq. Kevin T. McQuail, Esq. Christine L. Graham, Esq. Brian T. LaManna, Esq. Ann E. Swartz, Esq. I Joseph F. Riga, Esq. Joseph I. Foley, Esq. Celine P. DerKrikorian, Esq. Attorneys for Plaintiff Date: May 21,2013 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 MARC S.WEISBERG,ESQUIRE-ID#17616 Attorneys for Plaintiff EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GA1RO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.MCQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 123 South Broad Street, Suite 2080 Philadelphia,Pennsylvania 19109 (215) 790-1010 Bank of America, N.A. Cumberland County Plaintiff Court of Common Pleas V. Gregg Sanders Defendant Number 2012-2049 CIVIL CERTIFICATION OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the within Substitution of Successor Plaintiff pertaining to the above-captioned matter was served on 5/21/2013 , by first- class mail, postage prepaid, upon the following: Gregg Sanders 128 Wesley Drive Mechanicsburg, Pennsylvania 17055 Date: May 21, 2013 BY: f [ ] Terrence J. cCabe, Esq. [ arc S. Weis erg, Esq. [ ] Edward D. Conway, Esq. [ ] Margaret Gairo, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Heidi R. Spivak, Esq. [ ] Marisa J. Cohen, Esq. [ ] Kevin T. McQuail, Esq. [ ] Christine L. Graham, Esq. [ ] Brian T. LaManna, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph F. Riga, Esq. [ ] Joseph I. Foley, Esq. [ ] Celine P. DerKrikorian, Esq. Attorneys for Plaintiff Comptroller of the Currency Administrator of National Banks Washington, DC 20219 July 5, 2011 Ms. Radhi Thayu Assistant General Counsel Bank of America,NY8-114-09-02 114 West 47th Street New York,NY 10036 Re: Application to merge BAC Home Loans Servicing, LP, Plano, Texas, into Bank of America,N.A., Charlotte,North Carolina Application Control Number: 2011-ML-12-0037 Dear Ms. Thayu: This letter is the official certification from the Office of the Comptroller of the Currency of the merger of BAC Home Loans Servicing, LP, Plano, Texas, into Bank of America,N.A., Charlotte, North Carolina, effective July 1, 2011. Sincerely, / zs w� David.Reilly Large Bank Licensing Lead Expert Corporations Section P.O.Box 13697 S of Hope Andrade Austin,Texas 78711-3697 4 ' Secretary of State Y r�� Office of the Secretary of State CERTIFICATE OF MERGER The undersigned,as Secretary of State of Texas,hereby certifies.that a filing instrument merging BAC Home Loans Servicing, LP Domestic Limited Partnership(LP) (File Number: 13186910] Into Bank of America,National Association Other Entity/Organization USA [Entity not of Record,Filing Number Not Available] has been received in this office and has been found to conform to law. Accordingly, the undersigned, as Secretary of State, and by the virtue of the authority vested in the secretary by law, hereby issues this certificate evidencing the acceptance and filing of the merger on the date shown below. Dated: 06/28/2011 Effective: 07/01/2011 E 0 x /4041—t Hope Andrade Secretary of State Come visit us on the internet at http://www.sos.State.&us/ Phone:(512)463-5555 Fax:(512)463-5709 .Prepared by:lean Marchione Dial:7-1-I for Relay Services T ID: 10343 Document:374034630002 Fo ci 6 9li;svaoc :ase 2Zetaiiiiri:'duj�Iicafe fii� Secret' .d�; In the Office of the ' State: Secretary of State of Texas P.O.Boni;P3697 Aus,*' , 7871 �469 ; C-eri ficate d Merger .SUN 28 2011 512 ,4 165.55 'Combination,merger. >�AX 512.463':5`It�3 :lens pess�rganiza ions.�ade.- Corporations Section '�at'fies,;;to;lEliel►�erger.. �iswint�td:ch i'0 of i�ic�`s lca�:�B6'siniss;t�rgani3�itioa§C.dtip;.end ih�t}t��, li�Ie°totacb�e�}estic.-'�,i3iitg;EUt?�! idettti ie8`lislow,°the ifadefai d' of ssxi6miithIs cetfifictie of i4ie ger;. The.riarri i-Organiia#io ai: oiitt;state o#;idporpotatio4'.r organ za#ion,,andlile:number,Aay;:.ssue f- by-thes.=etar y.4stote;'frir��,orgamzatfo that is;a l)tl tothe:metger..are m fall6wt..' Petty,}' 8t�L'FIttsne'.I:oazl$�Si�ti?ia3rig;�' -- .',Fhe�rganizataonrls;�; tunscea. ersru� �t:i��orgati��iiler�tlie�la�v��f ex�s VSA he. teaium ,;i enp3319]ts ' S�aeaG C'otouiy'_ -" iota#SdcrilmS'�pls�ti"afde.nti�bet' tis:pricipalaoeg�:uinessis: Ga6Ct'. �xi�y �e:; ieno. s CIO, the organ azion will scrrvive tlie,merger., '� 'The organization will:no survive the: erget< ❑; be,01*W erg 4Me0&the name of the organization: The.new dame is;sei:fotth belowa JYumexu.4me-ad £taalt:affsixiYrtta;�.i�8iion$X'.Associatiira. - - - The�trgaiiizilfioriis a• :iiatyoi?a3 b'"aukit�gas`s'ocr�aoh. It is�arganizel uncf'er;the laws of S�rc(fydrgmfisarkrShcyamla Ss1Frolt C0r,P0• tfite�tad s s 'T�e the number, anyOS;.. 3 t Srata. 'Coxcnry '- TtrasS2crciaryefSretefilamrm6et, . Its:principal pl"wee of busing§is:obi scuiti roan sweet tone y. NC . ., Addirs.9; ,GYty Sraao the oiganiza#ci V ii sur ive°#be lriergeir: The orgwuzarioi wl 41—.n6f s4ivivb.the:near ec - �]•'i�'e,.�lan>o�tntrger;�meyzils,-the:fiaiine't►f�t'fie:bi"ganiza#ioti. `Fhe:�evwt#��=isset:fiarzh.��1'i�i�' Y� NGtrie'usAmgrldkif, �iaine.'of�7igaiiltsH67t' ����•� - Tlic organzafiiut is 4.. t ,YS=cSrgtiized undei'the laea"s.of ' �Spt,,�jy''l�catwt�at,yorl r,•(eg:.IdryprvltcYir{�??wricl;? �xt wlso c�-6Uavtodo c s 5.i"'S�n-'?5a�e': ' 'I'he=fiie`tn�rriberaifany,'is; Snrc G6tmrry = ?ssar.secermy,olsiweire.mmber Ifs Principe plac,4,,bttsihess-lsr s . art,fivW_sUM-iVe_the lnergcr,- ale organizafiotrwitl n6t4iltVlve_t 6l fi* e `Or,'plan-df;Mgger•ameods;the oame qf,the orgaaization:.;The c ew: cane is: t foil `:below Pub o;14lCiger "i'I?e`planianege sxttaclieil, 7f'flte„ril iarrtifn�e►g�ri�>rbrwliaCi�;lliefii�to►virk,�r7atemersis���rauti'lie:�o�sn t"efed( :Alf+ereii��I�P Statearl�i��s; i'�ieis°ii#pt vidni a plafi<lftr"ieigdr,*446 0,R,4 entity-00#W#* 1..A S g ied pla�i ti anerg r i .on.– a3:tlre pzii�ctirpal place_o#husi�ness T;e rviv ng;:, gtur n .¢r new domesuo,56trt-y ori-wn;o. or n6tiou''that:-i�;tiarire i m:tf�is:f'o a��pa y+ttr�id`me or+ar'°ais oaganizatiosi ereateil by the merger: 2., Can wr ftert request,a;copy o the p att:ofiner er'vsiill be n`ished-pv ou cwt bar ea4:,s -v aCt airing;car.new ii e t e�tti ;or.non-cede:organization to any:-Owner or 4ntmbet f afiq is oc ¢xttity tt a,.ss parfy to or czeafeei.by the; lan o :,n3etger,atui, i xhe certi icttts:oT znerge�td ndA s muftiple swv�v ilrsmestic entities or nani-cc e.of atit� to agy creditor of,M&.Of#he:Pa�i6s, to ttie merger a3.t�e: te,of then`arger if a liab lit3r.:ar obE Batton zs then outs!Wding:, Coriip�e�s IIeiir3'B�jfl�ivier�.�ected:chunges ro ihecert�cnie�?,arnwifnn.o,�d.sYavxwin8��1,�?+,8 �. 3A�. Zito amsnt arts#o the aarti sate of _ofany,s=ivang Wmg endiy,*m js;a pad+ia> rc�.erger ar"e'g4�ected by fie:netgo rw 3Bs, T#ie piafi metc etl'ecled cadges ok:attttldzeisze dftif of lcsrrrnationaf Nimte�cl.�+��s;��3Y+"�" ams,fr2rs��rt '1"lie,changes br amendments to the.iYlii��e>itity's cerfificate`of fomsati�i iit�ie�`lhati:. tisirie,,ctiange taot�da�r�ui�us�y;=are;,t,��al.beIo'av�; . :!!riejwh??2VU'eTa�t R rte, 4. Or ganizatic5t►s, reatedy tgef Tlae:Warne,jur�sd�ctlon o orgatszation,pritecipal pace.-o business actress;az%d entity d'eiio #; eaeli enftty Est trther acganx2attgn to 3ie created�tufistisi�t t�the plan t�f merger are set fortlY}�elr��v: Tlie. c tdificate ` foci att os _N ew c t inasf c enb€ ,tu be cubed ais be�tsg ilea wdh:, ceti�co%'�riergex: ' - °�xrso$oc•o�m�rtoosrcT ;�;,;a Z,6� tow *,Ccr Na Of!N-Ift ahawdlon,2 JI-b"on P, pm4oaia is d- it , bo I . 53W %Z* , PK-tPq7AGq--f h-,*-A&e-., &Wt zip Approy4of the lflawdrWerger Ap' r ied a5*)uiiediby the IhWs of each! p *:'vapafty the merger:and:,py the govemin t3tycu enfs ofthose vr.gan lzii bus. The 4ppo -6 6f� .. ..... YN"YOM4 ffUS9,'(S6Ud�th*r.A. At M'-Tbis,-4bom state: -dm ninety .0),,.Oap.from R- Thi �*(jdieg�6ffo -a l4*,dktd,which Is oqrpll "nin ,N . I . .. . the.4�gnifigj 'Oe:AelAyededpcz�.ve- Js: idly 1,20fl dr-Ifiaii-thp: Agnk-g-.W; The1lowttg evert or a fo take.p 6ci,,InAhe.,,nmner-.4 usetheApPment b vnOortiilb Kate. by b aoh-sury Ivin ifikdut!V: -SM%Vtng;aqW4W OfMtWl�V!04C� otpi om Qr!mm�o 0 for thepayAiehtbf-,theftqWr!;d ftnt isetu org*�izaaons Will-6.e.)iabje �OM_6;2:. ixjmbc.ovoi,mcIrs*=4tuw ExOci��ioi� The.3iaiciersigiei�`sigii"s this'dcxct3zheiit'sttij+eifti :penliies" pasedy ivr,fcSr"the sutbiiiissiofi ci#a maternally,false or fraudulent trumert the urldersEgneB cenifies:that-the s4ternents-cMtained, lie ein a :tr�ie.a d of 'i8d that tha can'sigiiW"xs aeithotzzed under tEte�srt�lydsion 'pfthe: us%t:es'sigAnvzatt4iis t✓b3e,,d%aher iAwoappica �e to,and governing tide merging ea�tity,;toxciite,: the filtng:insttumer�� , Y 8�tr'Hom+<Loa'n's:"Seiyicu�g„-fit' Xtbrgicis��isttiry.Atet�ie", �.:_ _ . Sr t�reo uttwriztrS'gersoa{aee;fitctrucx}ons;- 7 im Httva(;Presdcntanit CEO,8AC GP,.LLC,...�C-raueral.�arkfcr: 1Rinteci otty�kn9sr>c,';,bfDts�,est gers6d'. � ' dank=of A�zlerica;,Na)iaia)'�AsYOisi�2ioii :3�cift7y Geiizs6;A'sz¢eia3e:�att�ra l?L'o1;�A`ssis't�nt'Seetet�y. PrinuG ar typed-ipfeur3iotizat'yeroia.: ' Mergin�:i~natyNecie. . 5iprafit'lE:dit�:�igikd$;�sbairuttiY#iotSxT° Pfipted at;typedmarrie.ofer[rbQ p�lsbt)„ %taciwsoc'.6irar�m'diG� ;oa't�,a; 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 m � x i CHRISTINE L. GRAHAM, ESQUIRE-ID# 309480 BRIAN T. LAMANNA,ESQUIRE-ID# 310321 ANN E. SWARTZ, ESQUIRE-ID# 201926 ' " JOSEPH F. RIGA,ESQUIRE-ID# 57716 ?� M C:) °? JOSEPH I.,FOLEY,ESQUIRE-ID#314675 ° CELINE P. DERKRIKORIAN,ESQUIRE-ID# 313673 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 Bank of America,N.A. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. Number 2012-2049CIVIL Gregg Sanders Defendant AFFIDAVIT OF SERVICE OF AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned attorney for the Plaintiff in the within matter,hereby certifies that on the 29th day of July, 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 Sale and certificate of mailing is also ached hereto and made a part hereof. SWORN AND SUBSCRIBED MCC BE,WEISBERG ISBERG A C AY,P.0 BEFORE ME THIS—�T DAY BY: [ ] Terrence J. dabe,'Esqu' e [ ] Marc S. Weisberg,Esquire OF_ ,2013 [ ]Edward Detonway,Esquire [ ]Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ]Marisa J. Cohen,Esquire [ ] Kevin T.McQuail,Esquire W [ ] Christine L.Graham,Esquire [ ]Brian T.LaManna,Esquire NOT R PUB IC [ ]Ann E. Swartz,Esquire [ Joseph F.Riga,Esquire OF P �a�tsv►-v [ ]Joseph I.Foley,Esquire [ ]Celine P.DerKrikorian,Esquire ALSH N .Tf,121PL SF11,L Public Attorneys for Plaintiff L n MCdos%eY,Notary VGmberlY .Yn. City of Philadelphia,Ph tembef 2016 MY Commission E ices 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 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F. RIGA,ESQUIRE-ID# 57716 JOSEPH I. FOLEY,ESQUIRE-ID#314675 CELINE P. DERKRIKORJAN,ESQUIRE-ID# 313673 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19.109 215 790-1010 Bank of America,N.A. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. NO: 2012-2049CIVIL Gregg Sanders Defendant AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 128 Wesley Drive,Mechanicsburg,Pennsylvania 17055,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 Gregg Sanders 24 Mallard Court Mechanicsburg,Pennsylvania 17055 2. Name and address of Defendant in the judgment: Name - Address Gregg Sanders 24 Mallard Court Mechanicsburg, Pennsylvania 17055 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 File#62880 Page 1 Plaintiff herein Cumberland County Adult Probation 1 Courthouse Square Carlisle,Pennsylvania 17013-3387 First National Bank of Omaha 1620 Dodge Street Omaha,Nebraska 68197\ 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address Lower Allen Township Authority 120 Limkiln Road New Cumberland,Pennsylvania 17070 Lower Allen Township Authority 1035 Mumma Road c/o Sephen P.Miner,Esquire Suite 101 Wormleysburg,Pennsylvania 17043 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 128 Wesley Drive Mechanicsburg,Pennsylvania 17055 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 File#62880 Page 2 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,Rm 4400 Atty General of the United States 950 Pennsylvania Avenue,NW Washington,DC 20530 United States of America c/o U.S.Dept. of Justice,Rm 5111 Atty General of the United States 950 Pennsylvania Avenue,NW Washington,DC 20530 8. Name and address of Attorney of record.: Name Address None File#62880 Page 3 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 subjpet to the pen lties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. July 29,2013 McCABE, SBE ,P.C. DATE . BY: [ ]Terrence J.McC e [ Marc S. Weisberg,Esquire [ ]Edward D.Co ay uire [ ]Margaret Gairo,Esquire [ ]Andrew L. arkowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ]Marisa J.Cohen,Esquire [ ] Kevin T.McQuail,Esquire [ ] Christine L. Graham,Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire Joseph F.Riga,Esquire [ ] Joseph 1.Foley,Esquire [ ] Celine P.DerKrikorian,Esquire Attorneys for Plaintiff Re:Bank of America,N.A. v.Gregg Sanders.et al. Cumberland County;Number: 2012-2049CIVIL File#62880 Page 4 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 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 Bank of America,N.A. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. Gregg Sanders Number 2012-2049CIVIL Defendant DATE: July 29,2013 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Gregg Sanders PROPERTY: 128 Wesley Drive,Mechanicsburg,Pennsylvania 17055 IMPROVEMENTS:Residential Dwelling JUDGMENT AMOUNT: $131,304.77 The above-captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on September 4,2013 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.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. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien,we urge you to CONTACT YOUR OWN ATTORNEY as WE ARE NOT PERMITTED TO GIVE YOU LEGAL ADVICE. ��PITNEY BOWES ' Check type of mail or service: U.S.POSTAGE Nam:angAddress of Sender 0 Certified ❑Recorded Delivery(Intemational) ��. McCatie, Ye.Sberg and Conway,P.C. o COD ❑Registered 123 S.Broad St.,Suite 2080 ❑Delivery Confirmation ❑Retum Receipt for Merchandise Philadelphia,PA 19109 ❑Express Mail ❑SignatureUnfirmation i ZIP 19109 $ Q21.600 ArrN:' . Keller- 62880 Elmsured { 02 1377494 JUL. 29. 2013 Line t Article Number Postage f i Bank of America,N.A. Cumberland County Adult Probation Plaintiff 1 Courthouse Square Carlisle,Pennsylvania 17013-3387 V. Gregg Sanders Defendant First National Bank of Omaha 2 1620 Dodge Street - Omaha,Nebraska 68197 3 Lower Allen Township Authority 120 Limkiln Road New Cumberland,Pennsylvania 17070 4 Lower Allen Township Authority c/o Sephen P.Miner,Esquire 1035 Mumma Road Suite 101 Wormleysburg,Pennsylvania 17043 5 Tenants/Occupants 128 Wesley Drive Mechanicsburg,Pennsylvania 17055 6 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O.Box 2675 Harrisburg,PA 17105 ATTN: Dan Richard .s d 7 Commonwealth of Pennsylvania ?9� Inheritance Tax Office 110 North 8th Street Suite#204 ,ate Philadelphia,PA 19107 8 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 6th Floor,Strawberry Square Department#280601 Harrisburg,PA 17128 9 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Willow Oak Building P.O.Box 8486 Harrisburg,PA 17105-8486 10 PA Department of Revenue Bureau of Compliance P.O.Box 281230 Harrisburg,PA 17128-1230 11 PA Department of Revenue Bureau of Compliance Lien Section PO BOX 280948 Harrisburg PA 17128-0948 12 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Clearance Support Department 281230 Harrisburg,PA 17128-1230 ATTN: Sheriffs Sales 13 United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 14 Domestic Relations - Cumberland County P.O.Box 320 Carlisle,PA 17013 15 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 16 Harrisburg Federal Building&Courthouse 228 Walnut Street,Ste.220 Harrisburg,PA 17108-1754 17 United States of America c/o Atty General of the United States U.S.Dept.of Justice,Rm 4400 950 Pennsylvania Avenue,NW Washington,DC 20530 18 United States of America c/o Atty General of the United States U.S.Dept.of Justice,Rm 5111 950 Pennsylvania Avenue,NW Washington,DC 20530 Total Number of Pieces Total Number of Pieces Listed by Sender Received at Post Office 18 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 ANN E. SWARTZ, ESQUIRE-ID# 201926 JOSEPH F. RIGA, ESQUIRE-ID# 57716 JOSEPH I. FOLEY, ESQUIRE-ID#314675 CELINE P. DERKRIKORIAN, ESQUIRE-ID# 313673 4: i 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 J, (215) 790-1010 '_°T c..- —a Bank of America,N.A. CUMBERLAND COUNTY p �, Plaintiff COURT OF COMMON PLEAS c rte' v. Number 2012-2049CIVIL Gregg Sanders Defendant AFFIDAVIT OF SERVICE OF AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned attorney for the Plaintiff in the within matter,hereby certifies that on the 5thday of August 2013,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 McCABE,WEISBERG AN ONWAY,P.C. BEFORE ME THIS DAY By: I /t [ ] Terrence J.McCabe,Esquire [ Marc S. eisberg,Esquire OF i ,2013 [ dward 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 NOTARY.''UBLIC [ ] Ann E. Swartz,Esquire [ ] Joseph F.Riga,Esquire [ ]Joseph I.Foley,Esquire [ ] Celine P. DerKrikorian,Esquire Attorneys for Plaintiff COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DREW KARLBERG,Notary Public City of PhOadelphia,Phila.County Commission Exp*es April 3,2017 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 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 Bank of America,N.A. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS v. NO: 2012-2049CIVIL Gregg Sanders Defendant AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 128 Wesley Drive,Mechanicsburg,Pennsylvania 17055, 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 Gregg Sanders 24 Mallard Court Mechanicsburg,Pennsylvania 17055 2. Name and address of Defendant in the judgment: Name Address Gregg Sanders 24 Mallard Court Mechanicsburg,Pennsylvania 17055 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 File#62880 Page 1 Plaintiff herein Cumberland County Adult Probation 1 Courthouse Square Carlisle,Pennsylvania 17013-3387 First National Bank of Omaha 1620 Dodge Street Omaha,Nebraska 68197\ First National Bank of Omaha do 120 N Keyser Avenue Michael Ratchford Scranton PA 18504 Edwin Abrahamasen &Assoc. Portfolio Recovery Assoc. 140 Corporate Boulevard Norfolk VA 23502 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address Lower Allen Township Authority 120 Limkiln Road New Cumberland,Pennsylvania 17070 Lower Allen Township Authority 1035 Mumma Road do Sephen P.Miner, Esquire Suite 101 Wormleysburg,Pennsylvania 17043 Lower Allen Township 2233 Gettysburg RD Camp Hill PA 17011 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 128 Wesley Drive Mechanicsburg,Pennsylvania 17055 File#62880 Page 2 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 8th 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,Rm 4400 Atty General of the United States 950 Pennsylvania Avenue,NW Washington,DC 20530 File#62880 Page 3 United States of America c/o U.S. Dept. of Justice,Rm 5111 Atty General of the United States 950 Pennsylvania Avenue,NW Washington,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. August 5,2013 McCAB7jEjiSBERG AND 0 WAY,P.0 DATE BY: 4 /LC [ ] 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 [ ] Ann E. Swartz,Esquire [ ] Joseph F. Riga,Esquire [ ] Joseph I.Foley, Esquire [ ] Celine P. DerKrikorian,Esquire Attorneys for Plaintiff Re: Bank of America,N.A. v. Gregg Sanders. et al. Cumberland County;Number: 2012-2049CIVIL File#62880 Page 4 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 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 Bank of America,N.A. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY v. Gregg Sanders Number 2012-2049CIVIL Defendant DATE: August 5,2013 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Gregg Sanders PROPERTY: 128 Wesley Drive,Mechanicsburg,Pennsylvania 17055 IMPROVEMENTS: Residential Dwelling JUDGMENT AMOUNT: $131,304.77 The above-captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on September 4,2013 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.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. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien,we urge you to CONTACT YOUR OWN ATTORNEY as WE ARE NOT PERMITTED TO GIVE YOU LEGAL ADVICE. r A Z zatoco cr3 F. a w �Q �, a�y ei N�NA W N r 0.g' 00 co o O. A p " CFO 0J C U h = b a C7 n 9 n ;, D- R R y I a; 3 c. y V ,°vim O e a n y— 'D n h fD . C nwt" ZA•C cn•rtli4 i7 00 poor) WO O C::'.1 IN t 5� on e t0 � O O 7 ZO•r o.r,, q a, "Ze› fli 0 >r�r��.:1 t Ito elD J G�feD �! O 0000 0X N=`e A� y,= o axA '"'d= li = o cD O��yy,,R. n m d a/��' A 10 If r S.4i a. t- II To 6.:. .. ..--,.: .. v: ...... •• •• _ : , ._. , ., -it.„:„... ..,k,...„. 0 • ..., i.O O N C ONU w O o q W t O ■I --• I i 4 u) ∎J O -) A ID p CD D ,m/41, it c ® v o w m j N y♦ W F., m CP I „u,I McCABE,WEISBERG& CONWAY,P.C. Attorneys for Plaintiff 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 `- CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 t BRIAN T.LAMANNA,ESQUIRE-ID#310321 r, ANN E. SWARTZ,ESQUIRE-ID#201926 `+ JOSEPH F.RIGA,ESQUIRE-ID#57716 _ i JOSEPH I.FOLEY,ESQUIRE-ID#314675 `? CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 JENNIFER L.WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Bank of America,N.A. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PI,I;AS V. No.2012-2049CIVIL Gregg Sanders Defendant MOTION TO ADJOURN SHERIFF'S SALE Plaintiff,Bank ofAmerica,N.A.,by and through its attorneys,McCabe Weisberg and Conway,P.C., moves this Honorable Court for an Order adjourning the Sheriffs Sale scheduled for January 8, 2014 and avers as follows: 1. Plaintiff filed a Writ of Execution,as well as the Affidavit required by Pa.R.C.P.3129, in order to list the property known as 128 Wesley Drive, Mechanicsburg,PA 17055 for Sheriffs Sale originally scheduled for September 4,2013. 2. Plaintiff has postponed the Sheriffs Sale to the fullest extent permitted without requesting leave from the Court,and is now requesting that this Honorable Court allow the sale currently scheduled for January 8,2014 to be postponed further until March 12,2014 as service ofthe Notice of Sale is pending upon Defendant. 3. Plaintiffhas complied with all the pertinent statutory and procedural rules ofcourt governing the listing of real property for Sheriffs Sale. 4. Neither the parties hereto nor the parties previously set forth in the Affidavit Pursuant to Rule 3129 will be prejudiced by the adjournment of the Sheriffs Sale. 5.This case has never been assigned to a judge. 6. The Defendant is unrepresented by counsel and the Plaintiff has no means to seek concurrence in the instant except by mail. WHEREFORE,Plaintiff prays that this Honorable Court grant an Order adjourning the Sheriffs Sale of the property known as 128 Wesley Drive, Mechanicsburg,PA 17055 to the March 12,2014 Sheriffs Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 being required, except for an announcement be made at the sale currently scheduled for January 8,2014. MCCABE,WEISBERG & CONWAY,P.C. BY: &r. �& ,,� [ ]TERRE CE J.McCABE,ESQUIRE [ ]MARC S.WEISBERG,ESQUIRE [ ]EDWARD D.CONWAY,ESQUIRE P-]'MARGARET GAIRO,ESQUIRE [ ]ANDREW L.MARKOWITZ,ESQUIRE [ ]HEIDI R.SPIVAK, ESQUIRE [ ]MARISA J.COHEN,ESQUIRE [ ]CHRISTINE L.GRAIIAM,ESQUIRE [ ]BRIAN T.LAMANNA,ESQUIRE [ ]ANN E.SWARTZ,ESQUIRE [ )JOSEPH F.RIGA,ESQUIRE [ )JOSEPH I.FOLEY, ESQUIRE [ ]CELINE P.DERKRIKORIAN,ESQUIRE [ ]JENNIFER L. WUNDER, ESQUIRE [ ]LENA KRAVETS,ESQUIRE Attorneys for Plaintiff athan squire Local Counsel for Plaintiff Wolf&Wolf Attorneys at Law 10 West High Street Carlisle, PA 17013-2922 McCABE,WEISBERG& CONWAY,P.C. Attorneys for Plaintiff 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 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#313673 JENNIFER L.WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-I010 Bank of America,N.A. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. No.2012-2049CIV IL Gregg Sanders Defendant MEMORANDUM OF LAW Plaintiff requested that the Sheriffs Sale originally scheduled for September 4,2013 in this matter be continued for the legally allowable time without requesting the postponement from the Court. Plaintiff at this time requests that the Sheriffs Sale set for January 8,2014 be adjourned to March 12,2014 as service of the Notice of Sale is pending upon Defendant. Pursuant to Pa.R.C.P.3129.3,the Court has the discretion to adjourn a Sheriffs Sale and dispense the requirement of new notice. WHEREFORE,Plaintiff prays that a special order of court be granted and the Sheriffs Sale of the property known as 128 Wesley Drive, Mechanicsburg, PA 17055 be adjourned to the March 12, 2014 Sheriffs Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P.3129 being required,except that an announcement be made at the sale currently scheduled for January 8,2014. MCCABE,WEISBERG& CONWAY,P.C. BY: [ ]TERREN E J.McCABE,ESQUIRE [ ]MARC S.WEISBERG, ESQUIRE [ ]EDWARD D.CONWAY,ESQUIRE PTMARGARET GAIRO, ESQUIRE [ J ANDREW L.MARKOWITZ,ESQUIRE [ ]HEIDI R.SPIVAK,ESQUIRE [ ]MARISA J.COHEN,ESQUIRE [ ]CHRISTINE L.GRAI IAM,ESQUIRE [ ]BRIAN T.LAMANNA,ESQUIRE [ ]ANN E. SWARTZ,ESQUIRE [ ]JOSEPH F.RIGA,ESQUIRE [ ]JOSEPH I.FOLI:Y, ];SQUIRE [ ]CELINE P.DERKRIKORIAN,ESQUIRE [ ]JENNIFER L.WUNDI R, ESQUIRE [ ]LENA KRAVETS,ESQUIRE Attorneys for Plaintiff Nat n ,Esquire Local nsel for Plaintiff Wolf fWolf Attorneys at Law 10 West High Street Carlisle,PA 17013-2922 VERIFICATION The undersigned 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 veril ication 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. MCCABE,WEISBERG& CONWAY,P.C. BY: [ ]TERRE E J.McCABE,ESQUIRE [ ]MARC S.WEISBERG,ESQUIRE [ ]EDWARD D.CONWAY,ESQUIRE F-TMARGARET GAIRO, ESQUIRE [ ]ANDREW L.MARKOWITZ,ESQUIRE [ ]HEIDI R.SPIVAK,ESQUIRE [ ]MARISA J.COHEN,ESQUIRE [ ]CHRISTINE L.GRAI IAM,ESQUIRE [ ]BRIAN T.LAMANNA,ESQUIRE [ ]ANN E.SWARTZ, ESQUIRE [ ]JOSEPH F.RIGA,ESQUIRE [ ]JOSEPH I.FOLEY,ESQUIRE [ ]CELINE P.DERKRIKORIAN,ESQUIRE [ ]JENNIFER L.WI1NDI AR, ESQUIRE [ ]LENA KRAVETS,ESQUIRE Attorneys for Plaintiff Bank of America,N.A.v.Gregg Sanders Cumberland County;Number:2012-2049CIVIL r , McCABE,WEISBERG&CONWAY,P.C. Attorneys for Plaintiff 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 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#313673 JENNIFER L.WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 Bank of America,N.A. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLI-"AS V. No.2012-2049CIV IL Gregg Sanders Defendant CERTIFICATION OF SERVICE The undersigned attorney for Plaintiff,hereby certifies that I served a true and correct copy of the foregoing Motion To Postpone Sheriffs Sale,by United States Mail,first class, postage prepaid,on the day of January,2014,upon the following: Gregg Sanders 24 Mallard Court Mechanicsburg,PA, 17055 MCCABE,WEISBERG&CONWAY,P.C. BY: rn )j"-zal [ J TERRENC J.MCCABE,ESQUIRE [ ]MARC S.WEISBERG, ESQUIRE ( ]EDWARD D.CONWAY,ESQUIRE 1,1-MARGARET GAIRO, ESQUIRE [ ]ANDREW L.MARKOWITZ,ESQUIRE [ ]HEIDI R.SPIVAK, ESQUIRE [ ]MARISA J.COHEN,ESQUIRE [ ]CHRISTINE L.GRAI IAM,ESQUIRE [ ]BRIAN T.LAMANNA,ESQUIRE ( ] ANN E.SWARTZ, ESQUIRE [ ]JOSEPH F.RIGA,ESQUIRE [ ]JOSEPH I. FOLEY, I?SQIJIRE [ ]CELINE P.DERKRIKORIAN,ESQUIRE [ ]JENNIFER L. WUNDFA,ESQUIRE [ )LENA KRAVETS,ESQUIRE Attorneys for Plaintiff [[if I'; J!:.-1 -7 E 2. �J @ih �, i 1,?p� 1 k. t��l'S112 AkI�� Bank of America,N.A. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS v. No.2012-2049C1VIL Gregg Sanders Defendant ORDER AND NOW,this 706 day of V/q AI 4 ) ,2014, upon consideration of Plaintiffs Motion to Adjourn the Sheriffs Sale currently scheduled in the above-captioned matter Ibr January 8,2014, it is hereby ORDERED that the Sheriffs Sale of the property known as 128 Wesley Drive, Mechanicsburg, PA 17055 is adjourned to the March 12,2014 Sheriffs Sale. It is FURTHER ORDERED that no additional advertising of said Sale is necessary and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P.3129 is required. B THE COUR : Distribution: VGregg Sanders 24 Mallard Court Mechanicsburg,PA, 17055 /Bank of America,N.A. r,c, V 01 I6 do McCabe,Weisberg&Conway P.C. 123 South Broad Street,Suite 1400 7 Philadelphia,PA 19109 f Office of the Sheriff I fl bin 2014 JAN -8 4K 10: CUHBERLAND ENNSYLANT y VA NI McCABE,WEISBERG AND CONWAY,P.C. Attorneys for Plaintiff 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 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#313673 JENNIFER L.WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Bank of America,N.A. Cumberland County Plaintiff Court of Common Pleas v. Number 2012-2049CIVIL Gregg Sanders Defendants MOTION TO ALLOW SERVICE ON THE DEFENDANTS PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 1. Plaintiff attempted to personally serve a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant,Gregg Sanders,at his last-known address of 128 Wesley Drive,Mechanicsburg, Pennsylvania 17055. The process server was not able to serve the Defendant because the provided address is vacant. Plaintiff attempted to personally serve a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Gregg Sanders, at his last-known address of 24 Mallard Court, Mechanicsburg, Pennsylvania 17055. The Deputy was not able to serve the Defendant because per current resident, they have lived there for three years, and defendant left no forwarding. Plaintiff attempted to personally serve a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant,Gregg Sanders,at his last- known address of 16 Mallard Court,Mechanicsburg,Pennsylvania 17055. The Deputy was not able to serve the Defendant because the defendant no longer resides at said address and left a forwarding of 24 Mallard Court. Plaintiff attempted to personally serve a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant,Gregg Sanders, at his last-known address of 28 N Hanover Street, Carlisle, Pennsylvania 17013. The Deputy was not able to serve the Defendant because the defendant does not reside at this address,not known at address by post office. A true and correct copy of the Return of Service indicating the same is attached hereto,made a part hereof as Exhibit"A". 2. 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 "B". 3. As a result of the investigation,a special Order of Court is required permitting service by regular and certified mail at the Defendants' last-known address and by posting a copy of the original process on the mortgaged premises. 4. No judge has ruled upon any other issue in this matter or in any related matter. 5. 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. 6. If service cannot be made on the Defendant, Gregg Sanders, the Plaintiff will be prejudiced. WHEREFORE,Plaintiff prays this Honorable Court grant an Order allowing the Plaintiff to serve the Notice of Sheriffs Sale of Real Property upon the Defendant, Gregg Sanders, 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 128 Wesley Drive, Mechanicsburg, Pennsylvania 17055. McCABE,WEISBERG AND CONWAY,P.C. BY:[ ]Terrence J.McC , squire [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 [ ]Jennifer L. Wunder,Esquire [ ]Lena Kravets,Esquire Attorneys for Plaintiff McCABE,WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff 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 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#313673 JENNIFER L.WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Bank of America,N.A. Cumberland County Plaintiff Court of Common Pleas v. Number 2012-2049CIVIL Gregg Sanders Defendants 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. McCABE,WEISBERG AND CO JVAY,P.C. BY: [ ] Terrence J. cCabe,Esquire [ rc 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 [ ]Jennifer L.Wunder,Esquire [ ]Lena Kravets,Esquire Attorneys for Plaintiff McCABE,WEISBERG AND CONWAY,P.C. Attorneys for Plaintiff 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 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#313673 JENNIFER L.WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Bank of America,N.A. Cumberland County Plaintiff Court of Common Pleas v. Number 2012-2049CIVIL Gregg Sanders Defendants 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 7 day of January, 2014, upon the following: Gregg Sanders 128 Wesley Drive Mechanicsburg, Pennsylvania 17055 Gregg Sanders 24 Mallard Court Mechanicsburg, Pennsylvania 17055 Gregg Sanders 16 Mallard Court Mechanicsburg, Pennsylvania 17055 • Gregg Sanders 28 N Hanover Street Carlisle, Pennsylvania 17013 McCABE,WEISBERG AND CONWAY,P. . BY: e/��✓ [ ] Terrence J.McCa I e,Esquire [ arc S. eisberg,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 [ ]Jennifer L. Wunder,Esquire [ ]Lena Kravets,Esquire Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the attorney for the Plaintiff in the within action and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of this 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. McCABE,WEISBERG AND CONW Y, .C. BY: -)4//t/(. [ ]Terrence J.McCabe,Esquire [ Tc . 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 [ ]Jennifer L.Wunder,Esquire [ ]Lena Kravets,Esquire Attorneys for Plaintiff Bank of America,N.A.v.Gregg Sanders Cumberland County;CCP;Number 2012-2049CIVIL File Number: 62880 EXHIBIT A r\)-\ \- 6-.) U*' Commowealth of Pennsylvania In the Court of Common Pleas of Cumberland County CASE NO.:2012-2049CIVIL AFFIDAVIT OF SERVICE Bank of America,N.A. vs, Gregg Sanders 111 11111111111111 11 / 154545 Commonwealth of Pennsylvania County of Dauphin as. I,Todd Kepner,a competent adult, being duly sworn according to law,depose and say that at 6:19 PM on 11/04/2013,I non—served Gregg Sanders at 128 Wesley Drive,Mechanicsburg,PA 17055 in the manner described below: a true and correct copy of Notice of Sheriff's Sale of Real Property issued in the above captioned matter. Comments/Prey.Attempts: 11/0412013 at 6:19 PM—The provided address is vacant. �r 6czie Stt- 118 i zoi'4 x Sworn to and subscribed before me on this Todd Kepner iS7 day of h.4vcw. <►' 202. AOSS 1 Huntington Quadrangle, Suite 2504 Melville, NY 11747 (516) 284-5850 NOT P IC Atty File#: 154545 - Our File# 28863 s COMMONWEALTH OF PENNSYLVANIA Notarial Seal John F.Shlnlmwsky,Notary Public Lowy Paxton'Amp.,Dauphin 2B m Sept 28, Member,Pennr*mnla M ocietlon or Notaries SHERIFF'S OFFICE OF CUMBERLAND COUNTY \NS?)c,(3) Ronny R Anderson U) Sheriff Jody S Smith �oatitrt ct Crtmbrr�04, Chief Deputy ■•0 Jy• , Richard W Stewart :.• •; • Solicitor OFFICE OF THE SHERIFF Nationstar Mortgage LLC vs. Case Number Gregg Sanders 2012-2049 SHERIFF'S RETURN OF SERVICE 06/24/2013 06:08 PM-Deputy Jason Kinsler, 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 128 Wesley Drive, Lower Allen-Township, Mechanicsburg, PA 17055, Cumberland County. 07/08/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law,states that he made a diligent search and inquiry for the within named Defendant, to wit: Gregg Sanders, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found"at 16 Mallard Court, Mechanicsburg, PA 17055,defendant no longer resides at 16 Mallard Court, Mechanicsburg, PA, left forwarding of 24 Mallard Court, Mechanicsburg, PA, but current resident has been there for 3 years,defendant did not leave a forwarding address with the post office, 08/16/2013 As directed by Terrance Mccabe,Attorney for the Plaintiff, Sheriffs Sale Continued to 11/6/2013 08/30/2013 Received Notice of Sale for 11/6/13 from Attorney with instructions to serve defendants. cab. 09/23/2013 Ronny R.Anderson, Sheriff, being duty sworn according to law, states that he made a diligent search and inquiry for the within named Defendant,to wit:Gregg Sanders, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found"at 24 N. Hanover Street,Carlisle, PA 17013, address is that of a business and an apartment, neither occupant at this address is aware of Gregg Sanders. 10/28/2013 Ronny R.Anderson,Sheriff,being duly sworn according to law,states that he made a diligent search and inquiry for the within named Defendant,to wit: Gregg Sanders, but was unable to locate the Defendant in his bailiwick.He therefore returns the within Real Estate Writ,Notice and Description,in the above titled action,as"Not Found"at 16 Mallard Court, Mechanicsburg, PA 17055, defendant does not reside at address stated, current tenants have been there for a year, no forwarding at the post office. SHERIFF COST:$1,254.72 SO ANSWERS, October 28, 2013 RONNY R ANDERSON, SHERIFF (c)CamtyS,pte SnentC Te4eosot.Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY U �" Ronny R Anderson Sheriff v4�y�itis, At comoert Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE Of ri+.E$pEFttFF Nationstar Mortgage LLC Case Number vs. Gregg Sanders 2012-2049 SHERIFF'S RETURN OF SERVICE 12/19/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant,to wit: Gregg Sanders, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action,as"Not Found"at 28 North Hanover Street, Carlisle, PA 17013, defendant does not reside at address stated, not known at address by post office. SHERIFF COST: $1,274.72 SO ANSWERS, 'Xd." December 19, 2013 RONNY R ANDERSON, SHERIFF f<;)Gi;rllpF3vde ircdff,'Pr-;;.) EXHIBIT B AFINVESFIDAVTGATIIT AI OF GON OOD 1111111 1 1111111111 11111 liii liii FAITH *114138* File#:234.7562PA Subject: Gregg Sanders Last-known Address: 128 Wesley Dr,Mechanicsburg,PA 17055 STATE OF NEW YORK COUNTY OF SUFFOLK ss.: LI:. • Christina Sattler,the undersigned,being duly sworn,deposes and says that I am over the age of eighteen and not a party to this action.I reside in the STATE OF NEW YORK. I conducted a good faith investigation into the whereabouts of the Gregg Sanders at the last-known/property address indicated below and the extent of the investigation and the results are as follows: Date DueDiligence Remarks • 07/30/2013 PROPERTY 128 Wesley Dr,Mechanicsburg,PA 17055;24 ADDRESS: Mallard Court.Mechanicsburg,PA 17055 INQUIRY OF LOCAL Directory Assistance: Search was unable to 07/30/2013 TELEPHONE locate a telephone listing for the subject. COMPANY: Search results show the subject resides at the above stated last-known address. Search results also provided two(2)alternate addresses and a 07/30/2013 INTERNET SEARCH: PO Box.They are as follows: 16 Mallard Ct, Mechanicsburg,PA 17055,28 N Hanover St, Carlisle,PA 17013 and PO Box 1343,Carlisle, PA 17013. 07/30/2013 DEATH RECORDS: Social Security Death Index has no record for the subject. 07/30/2013 LOCAL TAX Search was unable to confirm a mailing address RECORD INOUIRY: for the above stated property address. I,Christina Sattler,reviewed and signed this affidavit on 07/30/2013. The information set forth in this Affidavit of Good Faith Investigation is true and correct to the best of my knowledge,information and belief. Sw; o •nd4°.? ib-• 994ore me X .11i1.- .� Christina Sattler • Attorney Outsourcing upport Services,Inc. LIC#1421841 Huntington Quadrangle,Suite 2SO4 Melville,NY 11747 Notary Public, _ Firm Ref#234-7562PA VERONICA ANN IRVING ARY PUBLIC,State of New York No.01186273373 Qualified in Suffolk County Commission Expires December 24,2016 • Gregg'Sanders in Mechanicsburg, PA I WhitePages Page 1 of 3 WhitePages • First name gregg • * Last name sanders • City, State or ZIP 17055 Submit Query Advertisement:See What Greg Sanders's Home is Worth July 30,2013f Tuesday Dow Highest Since 2000. Interest Rate Rise To Follow? VIIkth the stock market largely recovered from the recession,howlong can the red keep interest fetes at historic lows?And whet does that mean or home trottgages? Learn more. - 30-year 20-year 15-year More Fixed Rates Fixed Rates Fixed Rates Options eitRateNtarketPlace* r rfel To rt €teix .r,x D Customer Service Representative We are a company devoted to educa... P3P Health i Lake Success,NY Insurance Broker Property and Casualty Broker,See... PLATINUM RESOU... i Garden City, NY Aflac Bilingual (Spanish)Sal... Dos idiomas, Dos cultures. Double... Aflac i Fort Myers,FL D Accountant South Nassau accounting firm seek... l Bellmore,NY View More Opportunities! Interest Based Ad We did not find an exact match for Gregg Sanders in Mechanicsburg, PA See in map» Or search: • Last name only Gregg Sanders PHONE}> t EMAIL» bV'fiuil rRJt Age:45 n Location:Mechanicsburg, PA Gregg Sanders Piiortc p;:';3IiI art View 11 Report ore 9 Age: „ Location:Mechanicsburg,PA Greg SanderfHoNEJ• EMAIL n • Age: Report ' Location: Mechanicsburg, PA Sponsored by PeopleSmart http://www.whitepages.com/name/gregg-sanders/17055 7/30/2013 Gregg'Sanders in Mechanicsburg, PA I WhitePages Page 2 of 3 Additional Suggestions 1. Greg S Sanders (Age 45-49) 2. PO Box Camp Hill, PA 3. Associated people: unknown See full listing » 1. Greg E Sanders (Age 50-54) 2. Allegheny Dr York, PA 3. Associated people: Tammy M Souders + more... See full listing » 1. Greg D Sanders 2. Sabillasville Rd Thurmont, MD 3. Associated people: Ellen J Sites Ellen J Sites + more... See full listing » 1. Gregory E Sanders. (Age 50-54) 2. Foxbury Dr Elizabethtown, PA 3. Associated people: Dawn M Cubitt Dawn M Sanders + more... See full listing » 1. Gregory N Sanders (Age 45-49) 2. Old Harrisburg Rd Gettysburg, PA 3. Associated people: Wanda L Sanders + more... • See full listing » 1. Gregory C Sanders (Age 65+) 2. N Queen St Littlestown, PA 3. Associated people: unknown See full listing » http://www.whitepages.com/name/gregg-sanders/17055 7/30/2013 Gregg Sanders in Mechanicsburg, PA I WhitePages Page 3 of 3 1. Gregory D Sanders (Age 45-49) 2. Lure Trl Fairfield, PA 3. Associated people: Megan M Sanders Sherrie L Sanders + more... See full listing » 1. Gregory C Sanders (Age 55-59) 2. Lakewood Manor Dr Finksburg, MD 3. Associated people: Tyler A Sanders Candis A Sanders + more... See full listing » 1. Gregory Sanders (Age 30-34) 2. Orpin Rd Randallstown, MD 3. Associated people: unknown See full listing » 1. Gregory Sanders 2. Keswick Rd Baltimore, MD 3. Associated people: David S Bakker Cynthia B Sanders + more... See full listing » Loading...,,. tslt.. G on THOUSANDS � T items! REVon" ' of select© 2013 WhitePages Inc. - Privacy Policy and Terms of Use http://www.whitepages.com/name/gregg-sanders/17055 7/30/2013 ' Gregg Sanders in Carlisle, PA I WhitePages Page 1 of 3 WhitePages r> • First name Cregg • * Last name sanders • City, State or ZIP 17013 LSubmit Query Advertisement:See What Gre. San•ers's Home is Worth Approved for up to DAYS 84 NiGHTS ' of continuous wear. GET A FREEh AtA. 1-MONTH TRIAL i „ecx 6el�ev for 7 r rtent infarrn7;S<ar+p./AM Jf 1iR` NI( &DA)'AOvr 1 rantaw tease. "Eye exans mAy t>c f Yrof¢ss+C No ft .177-p,eoply Ai marl ipattag aft aces."Cr e rr ntaj refers to Alton ?:2012 Civwr.atls tar12 AND12054W13 A Cj, We did not find an exact match for Gregg Sanders in Carlisle, PA See in map» Or search: • Last name only Fos Gregg Sanders t PHONE Eh4A1L N View Full Report Age:45 Location:Mechanicsburg,PA roll Gregg Sanders t PHONE A i EktAIL N itieW Putt Repot Age: Viten. .» Location: Mechanicsburg,PA Fs/ Greg Sanders PHONE A ExAML N View tiRepttrt Age: Location:Mechanicsburg,PA Sponsored by PeopleSmart Additional Suggestions 1. Greg S Sanders (Age 45-49) 2. PO Box Camp Hill, PA 3. Associated people: unknown See full listing » 1. Greg E Sanders (Age 50-54) http://www.whitepages.com/name/gregg-sanders/17013 7/30/2013 Gregg Sanders in Carlisle, PA WhitePages Page 2 of 3 2. Allegheny Dr York, PA 3. Associated people: Tammy M Souders • + more... See full listing * 1. Greg D Sanders 2. Sabillasville Rd Thurmont, MD 3. Associated people: Ellen 3 Sites Ellen J Sites + more... See full listing >> 1. Gregory N Sanders (Age 45-49) 2. Old Harrisburg Rd Gettysburg, PA 3. Associated people: Wanda L Sanders + more... See full listing » 1. Gregory P Sanders (Age 45-49) 2. Hafer Rd Fayetteville, PA 3. Associated people: Annette M Sanders Anette M Sanders + more... See full listing » 1. Gregory E Sanders (Age 50-54) 2. Foxbury Dr Elizabethtown, PA 3. Associated people: Dawn M Cubitt Dawn M Sanders + more... See full listing » 1. Gregory D Sanders (Age 45-49) 2. Lure Tr! Fairfield, PA 3. Associated people: Sherrie L Sanders Jeffrey L Sanders + more... See full listing » http://www.whitepages.com/name/gregg-sanders/17013 7/30/2013 Gregg Sanders in Carlisle, PA I WhitePages Page 3 of 3 1. Gregory C Sanders (Age 65+) 2. N Queen St Littlestown, PA 3. Associated people: unknown See full listing » 1. Gregory L Sanders (Age 30-34) 2. Creekside Blvd Waynesboro, PA 3. Associated people: Lisa M Sanders Robert G Sanders + more... See full listing » 1. Gregory L Sanders. 2. S Washington St Greencastle, PA 3. Associated people: Micheal 7 Taylor Denise Binley • + more... See full listing » Loading... © 2013 WhitePages Inc. - Privacy Policy and Terms of Use • • • http://www.whitepages.com/name/gregg-sanders/17013 7/30/2013 • - Page 1 of 2 (i) II1Bsearch s ' ' ' Person Search Results Records: 1 to 25 of 77 Search Terms Used - SSN: 204-56-xxxx; • Result Page: 1 2 3 400 All Full Name Age/DOB Address Dates Phone Information 1.. GREGGORY S SANDERS 55 16 MALLARD CT Jan 10-Jul 13 Gender:Male Aug xx,1957 MECHANICSBURG PA 17055-4364 204-56-xxxx LexID:2245289085 We Also E] Found: Phones Plus El Email Address 2 GREGGORY S SANDERS 45 16 MALLARD CT Jan 10-May 13 204-56-xxxx Aug xx,1967 MECHANICSBURG PA 17055.4364 LexID:2245289085 3 GREGG SANDERS 45 16 MALLARD CT Nov 08-Oct 10 204-56-xxxx Aug xx,1967 MECHANICSBURG PA 17055-4364 LexID:2245289085 4. GREGG S SANDARS 55 16 MALLARD CT Jan 10-Mar 10 204-56-xxxx Aug xx,1957 MECHANICSBURG PA 17055-4364 LexID:2245289085 5 CRAIG S SANDERS 55 16 MALLARD CT Jan 10-Mar 10 204-56-xxxx Aug xx,1957 MECHANICSBURG PA 17055-4364 LexID:2245289085 6 GREGG SANDERS 55 16 MALLARD CT Jan 10-Mar 10 204-56-xxxx Aug xx,1957 MECHANICSBURG PA 17055-4364 LexID:2245289085 7 GREGORY SANDERS 45 16 MALLARD CT Jan 10 Gender:Male Aug xx,1967 MECHANICSBURG PA 17055-4364 204-56-xxxx LexID:2245289085 8 GREGG S SANDARS 55 28 N HANOVER ST Aug 12-Mar 13 AGUIRRE FRANCISCO 204-56-xxxx Aug xx,1957 CARLISLE PA 17013-3013 LexID:2245289085 9 CRAIG S SANDERS 55 28 N HANOVER ST Aug 12-Mar 13 AGUIRRE FRANCISCO 204-56-xxxx Aug xx,1957 CARLISLE PA 17013.3013 LexID:2245289085 10. GREGG SANDERS 55 28 N HANOVER ST Aug 12-Mar 13 AGUIRRE FRANCISCO 204-56-xxxx Aug xx,1957 CARLISLE PA 17013.3013 LexID:2245289085 11. GREGGORY S SANDERS 55 28 N HANOVER ST Aug 12-Mar 13 AGUIRRE FRANCISCO 204-56-xxxx Aug xx,1957 CARLISLE PA 17013-3013 LexID:2245289085 12• GREGG S SANDARS 55 PO BOX 1343 Jan 13 . 204-56-xxxx Aug xx,1957 CARLISLE PA 17013-6343 LexID:2245289085 https://secure.accurint.com/app/bps/main 7/30/2013 • - Page 2 of 2 � I 13. CRAIG S SANDERS 55 PO BOX 1343 Jan 13 204-56-xxxx Aug xx,1957 CARLISLE PA 17013-6343 LexID:2245289085 14. GREGG SANDERS 55 PO BOX 1343 Jan 13 204-56-xxxx Aug xx,1957 CARLISLE PA 17013.6343 LexID:2245289085 15. GREGGORY S SANDERS 55 PO BOX 1343 Jan 13 204-56-xxxx Aug xx,1957 CARLISLE PA 17013-6343 LexID:2245289085 16. GREGGORY S SANDERS 55 24 MALLARD CT Dec 10-Jan 13 204-56-xxxx Aug xx,1957 MECHANICSBURG PA 17055-4365 LexID:2245289085 17. GREGG SANDERS 45 PO BOX 3235 Apr 08.Oct 12 204-56-xxxx Aug xx,1967 CAMP HILL PA 17011-3235 LexID:2245289085 18. GREGG S SANDARS 55 128 WESLEY DR Feb 00-Jul 12 204-56-xxxx Aug xx,1957 MECHANICSBURG PA 17055-3541 LexID:2245289085 19. CRAIG S SANDERS 55 128 WESLEY DR Feb 00-Jul 12 204-56-xxxx Aug xx,1957 MECHANICSBURG PA 17055-3541 LexID:2245289085 20. GREGG SANDERS 55 128 WESLEY DR Feb 00-Jul 12 204-56-xxxx Aug xx,1957 MECHANICSBURG PA 17055-3541 LexID:2245289085 21. GREGGORY S SANDERS 55 128 WESLEY DR Feb 00-Jul 12 Gender:Male Aug xx,1957 MECHANICSBURG PA 17055-3541 204-56-xxxx LexID:2245289085 22. GREGG S SANDARS 55 24 MALLARD CT Dec 10-Jan 12 204-56-xxxx Aug xx,1957 MECHANICSBURG PA 17055-4365 LexID:2245289085 23. CRAIG S SANDERS 55 24 MALLARD CT Dec 10-Jan 12 204-56-xxxx Aug xx,1957 MECHANICSBURG PA 17055-4365 LexID:2245289085 24. GREGG SANDERS 55 24 MALLARD CT Dec 10-Jan 12 204-56-xxxx Aug xx,1957 MECHANICSBURG PA 17055-4365 LexID:2245289085 25 GREGG SANDERS 45 128 WESLEY DR Dec 11 204-56-xxxx Aug xx,1967 MECHANICSBURG PA 17055-3541 LexID:2245289085 Records: 1 to 25 of 77 Result Page: 1 2 3 4 0 Your DPPA Permissible Use:Use in the Normal Course of Business Your GLBA Permissible Use:Authorized by Consumer https://secure.accurint.com/app/bps/main 7/30/2013 • Social Security Death Index(SSDI) Records - Social Security Death Index SSDI Records ... 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Page 2 of 2 Date Information Born Between Year , and year Died Between Year and year Last Known Residence City County State Any OR ZIP Code OR Non-U.S. Location Social Security Number Details State SSN Issued Any Social Security Number Search Tip* Clear Form ( Begin Search 3 IIINGSONSIIMP Stay connected.Follow usl in the news I contact us I affiliates I privacy policy I terms of use I site map I blog http://vvww.genealogybank.com/gbnk/ssdi/?lname=&fname=&minit=&birthy_0=&birthy_... 7/30/2013 Property Mapper Cumberland County, PA PERRY COUNTY ■ ern.,1kt- ;.is , _-. „f , ' �� �L y 1.w a ES WESLEY D R IVE Loo PIN-11 • �lF' 1 ;' t 4 ,<' i 1 1 Gu i�Y-; $ Id a e,, d .;' L Soc 10c et • 1,( �� • � ✓' \I�i UL uste 1 ce:un:oo ja[3{at1`i C.O PM • Year NO. 1 960 lt■ 20 km lO ml Copyright 2011 Esri.All rights reserved.Tue Jul 30 2013 02:28:19 PM. 128 WESLEY DRIVE PIN: 13-23-0559-062 Deedbook: 00269-02636 Owner: SANDERS,GREGG Land Use Code: 101 Property Type: R Acreage: 0.2 Square Feet: 1189 Taxable Status:T Clean&Green Status: Land Assessed Value$:40900 Building Assessed Value$; 106100 Total Assessed Value$: 147000 Sale Price$: 130000 Sale Date: Thu Jun 23 2005 08:00:00 PM Year Built: 1960 Municipality: LOWER ALLEN TOWNSHIP Height in Stories: 1 Type of Dwelling:DETACH Primary Exterior: Brick Basement Percentage: 50 Air Conditioning: NO Total Rooms: 6 • Bedrooms: 3 Full Bath: 1 Half Bath: 1 t • • • ■■ ^ Bank of America,N.A. Cumberland County Plaintiff Court of Common Pleas V. Number 2012-2049CIVIL Gregg Sanders Defendants ORDER AND NOW, this /' day of -74"A-7 , 2014, the Plaintiff is granted leave to serve the Notice of Sheriffs Sale of Real Property upon the Defendant,Gregg Sanders,by regular mail and by certified mail, return receipt requested, to his last-known address of 128 Wesley Drive, Mechanicsburg,Pennsylvania 17055 and by posting the mortgaged premises of 128 Wesley Drive, Mechanicsburg, Pennsylvania 17055. BY TH COURT: AA 1,3e.rsis €11 ///S/1,1 i �I 4 ryI Commowealth of Pennsylvania In the Court of Common Pleas of Cumberland County CASE NO.: 2012-2049Civil AFFIDAVIT OF SERVICE Bank of America,N.A. vs. Gregg Sanders / 182891 Commonwealth of Pennsylvania County of Dauphin ss. I,Robert Calantropio,a competent adult,being duly sworn according to law,depose and say that at 10:29 AM on 01/31/2014,1 served Gregg Sanders at 128 Wesley Drive,Mechanicsburg,PA 17055 in the manner described below: ❑ Defendant(s)personally served. ❑ Adult family member with whom said Defendant(s)reside(s). Relationship is ❑ Adult in charge of Defendant(s)residence who refused to give name and/or relationship. ❑ Manager/Clerk of place of lodging in which Defendant(s)reside(s). ❑ Agent or person in charge of Defendant's office or usual place of business. ❑ an officer of said Defendant's company. ® Other:Posted documents to the gremises. a true and correct copy of Order;Notice of Sheriff's Sale of Real Property issued in the above captioned matter. x Sworn�to and subscrihed before me on this Robert Calantropio day of F 201 AOSS 1 Huntington Quadrangle, Suite 2SO4 Melville, NY 11747 (516) 284-5850 NOTARY P IC Atty File#: 182891 - Our File# 30008 j COMMONWEALTH OF PENNSYLVANIA Notarial Seal r`• „ John F.Shinkowsky,Notary Public Lower Paxton Twp.,Dauphin County "^ My commission Expires Sept.28,2014 ca ~r •" Member.Pennsvlvanla Asrorlation of Notaries w c �C 7-. Ito C--) r� t C Y CD I McCABE,WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 `:--. MARGARET GAIRO,ESQUIRE-ID#34419 M - ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 - � \ MARISA J.COHEN,ESQUIRE-ID#87830 - CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 (f) BRIAN T.LAMANNA,ESQUIRE-ID#310321 -�- ANN E. SWARTZ,ESQUIRE-ID#201926 �`� �= 4- 4 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 JENNIFER L.WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Bank of America,N.A. Cumberland County Court of Common Pleas Plaintiff v. Gregg Sanders Number 2012-2049CIVIL Defendant 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/her knowledge and belief: 1. That he/she is counsel for the above-named Plaintiff; 2. That on January 31, 2014, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Gregg Sanders, by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to his last-known address of 128 Wesley Drive, Mechanicsburg, Pennsylvania 17055. A true and correct copy of the letter and certified receipt,is attached hereto,made a part hereof,and marked as Exhibit "A". 3. That on January 31, 2014, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Gregg Sanders,by posting the same at the mortgaged premises of 128 Wesley Drive,Mechanicsburg, Pennsylvania 17055. A true and correct copy of the Sheriff's Returns of Service indicating same is attached hereto, made a part hereof, and marked as Exhibit "B". McCABE,WE BERG AND CONWAY, P.C. BY: [ ] Terrence J.McCabe,Esq. arc S.Weisberg, q. [ ] Edward D.Conway,Esq. [ ] Margaret Gairo,Esq. [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. [ ]Marisa J.Cohen,Esq. [ ] Christine L. Graham,Esq. [ ]Brian T.LaManna,Esq. [ ]Aim E. Swartz,Esq. [ ]Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. [ ] Celine P.DerKrikorian,Esq. Attorneys for Plaintiff SWORN AND SUBSCRIBED BEFORE ME THIS l g DAY OFLA(11 , 2014 cl--) ■ NOTA°Y 'UBLIC COMMO. LTH OF PENNSYLVANIA NOTARIAL SEAL BRI-ANNE H.GLADD,Notary Public City of Philadelphia,Phila.County My Commission Expires July 24,2017 iTL t.a ': JAI'! 114 1 fl 4' 1 r V , PENNS`i'LVANIt, Bank of America,N.A. Cumberland County Plaintiff Court of Common Pleas V. Number 2012.2049CIVIL Gregg Sanders Defendants ORDER AND NOW,this ' ay of , 2014,the Plaintiff is granted leave to serve the Notice of Sheriffs Sale of Real Property upon the Defendant,Gregg Sanders,by regular mail and by certified mail, return receipt requested, to his last-known address of 128 Wesley Drive, Mechanicsburg,Pennsylvania 17055 and by posting the mortgaged premises of 128 Wesley Drive, Mechanicsburg,Pennsylvania 17055. BY THE COURT: , „4. , J. . . EXHIBIT A U.S. Postal Service,„ CERTIFIED MAILr. RECEIPT rl �iv (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.com,,; t a a Postage Certified Fee ✓Jo Return Receipt Fee t7!, Postmark C {Endorsement Required) �V, k a f�ntu E Restricted Delivery Fee / p (Endorsement Required) J 0 Total Postage&Fees $ C.4 r-i [(+r{,y(�y ,r O 641Wtat.gx N or PO Box No J �).'' ir. "x f Stin"PS Form 3000 August 2006 See Reverse tot foatrucEbn 5. i ; - ja QTs . F e _ gym. Ya3 + f7, 1414°1,1,, trii#4 r*. , Ir jot c r.• i 0 ¢ � ry �� 4 ftx v ak p N N Q .fir al ?a Q N tip 0❑0 >a o I' EL 0 0 a �A.a o u C ai VI � o et at AA L to .4r UO0000 0.-∎4 u pr� O O no c3 w d t i. as x Z v '' Fa w C O �O N In .tea 8 a 1 - kol e3 04 * e e la A-4 Is a EXHIBIT B Commowealth of Pennsylvania In the Court of Common Pleas of Cumberland County CASE NO.:2012-2049Civil AFFIDAVIT OF SERVICE Bank of America,N.A. III II VS. Gregg Sanders 182891 Commonwealth of Pennsylvania County of Dauphin ¢s. I,Robert Calantropio,a competent adult,being duly sworn according to law,depose and say that.at 10:29 AM on 01/31/2014,I served Gregg Sanders at 128 Wesley Drive,Mechanicsburg,PA 17055 in the manner described below: Defendant(s)personally served. Adult family member with whom said Defendant(s)reside(s). Relationship is Adult in charge of Defendant(s)residence who refused to give name and/or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). ❑ Agent or person in charge of Defendant's office or usual place of business. El an officer of said Defendant's company. Other:Posted documents to the premises. a true and correct copy of Order;Notice of Sheriff's Sale of Real Property issued in the above captioned matter. Sworn to and subscri ed before me on this Robert Calantropio (,°9-L2 day of Fe kmac , 201.E. AOSS { f / 1 Huntington Quadrangle, Suite 2504 Melville, NY 11747 . ' = (516) 284-5850 NOTARY P Rr 1C Atty File#: 182891 - Our File# 30008 C) r.... COMMONWEALTH OF IENNSYLVANIA -q .s- Notarial Seal rn Q John F.Shinkowsky,Notary Public OD , Lower Paxton Twp.,Dauphin County ;,Cl7 f > L My Commission Expires Sept 28,2014 ._<:t:> C3 L t 1 Member.Pennsylvania Ascodation of Notaries C7 " p C- �. if Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY R D,�\ �\L ~''�«�� ` -^OTA��u /r" ' �n �°� �: TAc PV. '``~ ^^�m w _ . .`� «4� �L ��� 7x�� 7\� K�� �� , �. �� ,_ �. ..' ‘If �x�opnew�m� CPE�4Ls,/[yptm1 PktriT Bank ofAmerica NA. vs. Gregg Sanders Case Number SHERIFF'S RETURN OF SERVICE 06%24/2013 06:08 PM - Deputy Jason Kinsler, being duly sworn according to Iaw, 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 128 Wesley Drive, Lower Allen - Township, Mechanicsburg, PA 17055, Cumberland County. 07/08/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Gregg Sanders, but was unable to locate the Defendant in his bai|kwidk. He therefore returns the within Real Estate Writ, Notice and Oeochption, in the above titled action, as "Not Found" at 16 Mallard Court, Mechanicsburg, PA 17055, defendant no longer resides at 16 Mallard Court, Mechanicsburg, PA, left forwarding of 24 Mailard Court, Mechanicsburg, PA, but current resident has been there for 3 years, defendant did not leave a forwarding address with the post office. 08/16/2013 As directed by Terrance Mccabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 11/6/2013 08/30/3013 Received Notice of Sale for 11/6/13 from Attorney with instructions to serve defendants. nab 09/23/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Gregg Sanders, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and OemchpUon, in the above titled action, as "Not Found" at 24 N. Hanover Street, Carlisle, PA 17013, address is that of a business and an apartment, neither occupant at this address is aware of Gregg Sanders. 10/28/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Gregg Sanders, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and DascripUon, in the above titled action, as "Not Found' at 16 Mallard Court, N1euhaniooburg, PA 17055. defendant does not reside at address otated, current tenants have been there for a year, no forwarding at the post office. 11/01/2013 As directed by Terrance Mccabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/8/2014 11C21/2013 Recieved a Notice of Sheriffs Sale for 1/8/14 and instructions from Atty McCabe's office to serve defendant at: 28 North Hanover Street, Carlisle, PA17O13. cab. 12/19/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Gregg Sanders, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Deocripdon, in the above titled action, as "Not Found" at 28 North Hanover Street, Carlisle, PA 17013, defendant does not reside at address stated, not known at address by post office. 01/08/2014 As directed by Terrance Mccabe, Attorney for the P|aindff, Sheriffs Sale Continued to 3/12/2014 03/12C2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on March 12, 2014 at 10:00 a.m. He sold the same for the sum of $ 35,000.00 to Attorney Karl Ledebohm, on behalf of, Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of $ (.c)csmySukeaerilf, "releosm/� '04/11/2:014 Proposed Schedule Of Distribution Posted SHERIFF COST: $2,044.75 SO ANSWERS, April 24, 2014 RONFJY R ANDERSON, SHERIFF (c) CountySui.te Stvarilf, Teleovt, Inc. CO Lt- 4s.^ { co N On May 30, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 128 Wesley Drive, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: May 30, 2013 By: Real Estate Coordinator LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2012 -2049 Civil Term NATIONSTAR MORTGAGE LLC vs. GREGG SANDERS Atty.: Terrance McCabe ALL THAT CERTAIN lot situate in Lower Allen Township, Cumberland County, Pennsylvania, as shown on the survey dated June 12, 1974 by Michael C. D'Angelo, Registered Sur- veyor, more fully described as follows: BEGINNING at a point on the southerly side of Wesley Drive, a distance of 469.045 feet West of the southwest intersection of Wesley Drive and Royal Drive; thence South 45 degrees 22 minutes West along the division line between Lots nos. 37 and 36, a distance of 116.53 feet to a point; thence North 44 degrees 38 minutes West along the division line between Lots Nos. 7 and 36, a distance of 75 feet to a point; thence North 45 degrees 22 minutes East along the division line between Lots Nos. 35 and 36, a distance of 115.68 feet to a point in the southerly side of Wesley Drive; thence South 45 degrees 17 minutes East along the southerly side of Wesley Drive, a distance of 75.005 feet to a point, the place of BEGINNING. BEING Lot No. 36, Block C, Plan 2, Windsor Park, which Plan is re- corded in Plan Book 10, at page 19. 128 Wesley Drive, Mechanicsburg, Pennsylvania 17055. BEING the same premises which Richard E. McGEE and HELEN L. McGEE, HUSBAND AND WIFE by deed dated June 22, 2005 and re- corded June 24, 2005 in the Office of the Recorder in and for Cumberland County in Deed Book 269, Page 2636, granted and conveyed to Gregg Sand- ers, a single person. TAX MAP PARCEL NUMBER 13- 23- 0559 -062. 95 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 26, August 2 and August 9, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 9 day of August, 2013 (,,dite(14-1) Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. 1900 Patriot Drive Mechanicsburg, PA 17050 Inquiries - 717 -255 -8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the patriot -lews 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 Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M ", Volume 14, Page 317. PUBLICATION COPY 12.2049 Civil Term NATI STAR MORTGAGE C vs. GREGG SANDERS tty: Terrance Mccabe, ALL THAT CERTAIN lot situate in Lower Allen Township, Cumberland County, Pennsylvania, as shown on the survey dated , June 12, 1974 by Michael C. D'Angelo, 1 Registered Surveyor, more fully described as 7 0 Q BEGINNING at a point on the southerly f 89 side of Wesley Drive, a distance of 469.045 9J37 feet West of the southwest intersection of SS1 Wesley Drive and Royal Drive; thence South 31,A 45 degrees 22 minutes West along the division om line between Lots nos. 37 and 36, a distance 961 of 116.53 feet to a point; thence North 44 2q degrees 38 minutes West along the division aP line between Lots Nos. 7 and 36, a distance of 3d 75 feet to a point; thence North 45 degrees 22 111 minutes East alon&AAifisiart tine between 5' Lots Nos. 35 and 36, a distance of 115.68 feet S to a point in the southerly side of Wesley 3 Drive; thence South 45 degrees 17 minutes ' _ side of Wesley Drive, 1 This ad ran on the date(s) shown below: 07/28/13 08/04/13 08/11/13 Sworn t• and subsc h 23 day of August, 2013 A.D. Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Gregg Sanders is the grantee the same having been sold to said grantee on the 12th day of March A.D., 202014, under and by virtue of a writ Execution issued on the 23rd day of May, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 2049, at the suit of Bank of America N A against Gregg Sanders is duly recorded as Instrument Number 201408347. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this , A.D. 02©/1' Recorder of Deeds ecorder ,; ! eds, Cumberland County, Carlisle, PA My Co m ssion Expires the First Monday of Jan. 2018