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HomeMy WebLinkAbout12-20690i?i t 00 l i CIRE L A. p4D ?"NS'LVANIA??Y McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank 1100 Wehrle Drive Williamsville, New York 14221 V. Jonathan Mckinsey 145 Crest Loop Road Clanton, Alabama 35045 Cumberland County Court of Common Pleas Number d0l a - PC& 4 0 COMPLAINT IN MORTGAGE FORECLOSURE d av,ku103 -?s pd aN R '?o 1-3 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 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 al partir de la fecha de la demanda y la noti ficacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la cone en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuer la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes Para usted. USTED LE DEBE TOMAR ESTE PAPEL A SUABOGADOINMEDIATAMI?NTE. SI USTEDNO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. I SFA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A I1N ABOGADO. SI USTED NO PUEDI; PROPORCIONAR PARA EMPLEAR UN ABOGADO, F,STA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DF LAS AGENCIAS QUE PUEDEN OFRECER I,OS SERVICIOS LEGALES A PERSONAS EI,EGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is M&T Bank, duly organized and doing business at the above-captioned address. 2. The Defendant is Jonathan Mckinsey, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 145 Crest Loop Road, Clanton, Alabama 35045. 3. On February 15, 2007, Jonathan Mckinsey made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee for Southern Trust Mortgage, LLC which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1982, Page 4601, such Mortgage being incorporated herein by reference by virtue of Rule 1019(g) Pa. R. C. P. 4. On November 10, 2011, the aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc., as nominee for Southern Trust Mortgage, LLC to Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP fka Countrywide I lome Loans Servicing LP, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County in Mortgage Instrument # 201131407, such Assignment of Mortgage being incorporated herein by reference by virtue of Rule 1019(g) Pa. R. C. P. 5. The aforesaid mortgage was thereafter assigned by Bank of America, '\.n., Successor by Merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP to M&T Bank, Plaintiff herein, by assignment which will be duly recorded in the office of the recorder for Cumberland County. 6. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 128 Blackbird Lane, Shippensburg, Pennsylvania 17257. The mortgage is in default because monthly payments of principal and interest upon said mortgage due August 1, 2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following amounts are due on the mortgage: Principal Balance $ 150,758.81 Interest through March 1, 2012 $ 6,532.88 (Plus $13.94 per diem thereafter) Late Charges $ 81.66 Attorney's Fee $ 1,450.00 Total-Fees $ 50.50 Escrow Advance $ 11.79 Other Fees Due $ 28.00 GRAND TOTAL $ 1158,913.64 9. 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 $158,913.64, together with interest at the rate of $13.94 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: [ ] ?n4z- TEkRENCgJ. McCABE, ESQUIRI; [ ] MARC S. ISBERG, ESQUIRI; [ ] EDWARD D. CONWAY, ESQUIRI? [?f MARGARET GAIRO, ESQUIRI; [ ] ANDREW L. MARKOWITZ, } SQUIRE [ ] HEIDI R. SPIVAK, ESQUIRE-' [ ] MARISA J. COHEN, ESQUIRE [ ] KEVIN T. MCQUAIL, ESQUIRI: [ ] CHRISTINE L. GRAHAM, ESQU LIRE [ ] BRIAN T. LAMANNA, ESQUIRI; Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pn.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: [ ] T RREN E J. McCABE, ESQUIRE [ ] MARC S. WEISBERG, ESQUIRE [ ] EDWARD D. CONWAY, ESQUIRE L,, MARGARET GAIRO, ESQUIRE [ ] ANDREW L. MARKOWITZ, ESQUIRE [ ] HEIDI R. SPIVAK, ESQUIRE [ ] MARISA J. COHEN, ESQUIRE [ ] KEVIN T. MCQUAIL, ESQUIRE [ ] CHRISTINE L. GRAHAM, ESQUIRI: [ ] BRIAN T. LAMANNA, ESQUIRE Attorneys for Plaintiff M&T Bank v. Jonathan Mckinsey Schedule "A" ALL of the following described real estate, known as 128 Blackbird Lane, lying and being situate In Southampton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the right-of way line of Blackbird Lane; thence along the right-at-way line of Blackbird Lane South 44 degrees 21 minutes 00 seconds East, 40.00 feet to a point; thence along Lot B35 South 45 degrees 39 minutes 00 seconds West, 48,80 feet to a point; thence along Lot 835 South 44 degrees 21 minutes 00 seconds East, 11.67 feet to a point; thence along Lot 635 South 45 degrees 39 minutes 00 seconds West, 49.03 feet to a point; thence along Lot B8 and Lot B5 North 44 degrees 21 minutes 00 seconds West, 51.67 feet to a point; thence along Lot B37 North 45 degrees 39 minutes 00 seconds East, 97.83 feet to the point and place of BEGINNING. CONTAINING 4,485 square feet or 0.1030 acre. BEING Lot B36 as shown on the Final Land Subdivis"vDevelopment for Meadowsgreen Phase 1 plan prepared by Carl D. Bert & Associates dated May 13, 2005 and last revised June 16, 2006 as recorded In Cumberland County Plan Book 92, Page 123. ALSO BEING the same real estate which AH&T Investments, LLC by deed dated January.31, 2007 anti intended to be recorded immediately prior to the recoding of this mortgage, granted and conveyed to Jonathan McKinsey, Mortgagor herein I Certify this to be d k tCumb.erland County- P/N .y T- a IRK1982PG4617 ?V? 02128/2012 10.58:35 AM CUMBERLAND COUNTY Inst.# 200705932 - Page 17 of 21 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff sc C:i;uir r a, PRGTHOI`-'0'TAR'.r Jody S Smith lN Chief Deputy 1012 APR 20 AM $: 45 Richard W Stewart Solicitor CUl41 RLAND COUNTY PENNSYLVANIA M & T Bank vs. Case Number Jonathan McKinsey 2012-2069 SHERIFF'S RETURN OF SERVICE 04/13/2012 06:23 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2012 at 1823 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jonathan McKinsey, by making known unto Sherwyn Lafond, adult in charge at 128 Blackbird Lane, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. UTSH EPUTY SHERIFF COST: $48.00 April 18, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ;cunt to ;hzr f 7c K ,-"t t!._ fscrA IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA M&T BANK; et seq. CASE and/or DOCKET No.: 2012-2069-CIVIL, Plaintiff (Petitioner) Sheriffs Sale Date: C dr N -4 C V. tlt M CAr_ frl ? JONATHAN MCKINSEY; et al. fV Q Defendant (Respondent) r- W --1 -y C Q ? ^r3 AFFIDAVIT OF SERVICE .•2Q "= ?sue ? ? W! Complaint 7$UmmO11S Other: CJl 1, 'Pau 1 13?-00Ac S and that I attempted to serve JONATHAN certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative$f a party MCKINSEY the above process on the day of _ 20 it , at _-J_7 S _ o'clock, #?) M, at 145 CREST LOOP ROAD CLANTON, AL 35045 Manner of Service: By handing a copy to: - An officer, partner. trustee, or registered agent of the Defendant organization who is not a plaintiff in the action* The manager, clerk, or other person for the time being in charge of a regular place of business or activity of the Defendant organization who is not a plaintiff in the action An agent authorized by the Defendant organization in writing to receive service of process for it who is not a plaintiff in the action By handing a copy to the Defendant(s) r By handing a copy at the residence of the Defendant(s) to an adult member of the family with whom he/she resides or to the adult person in charge of the residence because no adult family member was found * r By handing a copy at the residence of the Defendant(s) to the clerk or manager of the hotel, inn, apartment house or other place of lodging at which he/she resides 7 By handing a copy at the office or usual place of business of the Defendant(s) to the Defendant's(s') agent or to the person for the time being in charge thereof * 7 By posting a copy of the original process on the most public part of the property pursuant to an order of court * Name: --- I -1-'1 ul" M ? lC n Se y Relationship/Title/Position: Remarks: Description: Approximate Age :3 3 Height I V' Weight 1-10 Race 11 Sex _M Hair I&G Defendant was not served because: F'I'Moved Unknown CJ No Answer 71 Vacant ..Other: Service was attempted on the following dates/times: Commonwealth/State of-AL _ SS: County of Ll? ) Before me, the undersigned notary public, this day, personally, appeared ?au j ? r-o c.k- S -tome known, who being duly sworn according to law, deposes the following: I hereby swear or affirm that the facts set forth in the foregoing Affidavit of Service are true and correct. 2??A &,-t jj (Signature of Affiant) File Number287-0756 Subscribed and sworn to before me this _L,3 day of r, 20 112 Notary„Pub)ic, M,,'%RTHA MOOORE NO',`i'flY PUBLIC E.XI"li'ES 0t -21-2014 ' _A1 Cr' C' FORM 1 S-' IN THE COURT OF COMMON PLEAS OF ` dT Bcaxk- CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. so.,?.-'?1,ah Mc.ki v?5 ey a, p ? .? _ 2a co Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully sub ted: Je- 7/ /'4 /h Date Signature of Counsel for OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Jonathan Mckinsey 145 Crest Loop Road Clanton, Alabama 35045 M&T Bank COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. Jonathan Mckinsey N( Defendant NOTICE Pursuant to Rule 236, you are hereby notified that a JU as indicated below. F X Judgment by Default Money.ludgment Gi I I l Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 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 M&T Bank Plaintiff V. Jonathan Mckinsey tL 0"? ( iG Attornew jyrho?t?ff rU1???R?- Y???NI P CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 2012-2069CIVIL Defendant ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as fo Principal interest from 03/02/12 to 07/02/12 $ 158,913.64 $ 1,714.62 Total $ 160,628.26 TERRENCE J. MICA E, SQUIRE MARGARET GAIRO, QUIRE CHRISTINE L. GRAHAM, ESQUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff AND NOW, this day of ?LA 2012, Judgment is entered in favor of Plaintiff, M&T Bank, and against Defendant, Jonathan Mckinsey, and damages are assessed in the amount of $160,628.26, plus interest and costs. B ;< . E PI?)TIOICS Y Q }b co da0? 12 ? 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 M&T Bank Plaintiff V. Jonathan Mckinsey Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 2012-2069CIVIL AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUN TY OF PHILADELPHIA: The undersigned, being duly sworn according to law, deposes and says that the Defendant, Jonathan Mckinsey, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the prov of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Jonathan Mckinsey, is over eighteen (18) years of age, and reside as follows: Jonathan Mckinsey 145 Crest Loop Road Clanton, Alabama 35045 SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF 10q 2012 J QA TERRENCE J. McCABE, SQ IRE MARGARET CAIRO, ES CHRISTINE L. GRAHAM, ESQUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff NOTARIAL SEAL Fraruheska Gonzalez-Torres-hlotsry PON C4 of Philadelphia, Philadelphia Court MY COMMISSION EXPIRES NOV. 16,201; 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 M&T Bank Plaintiff V. Jonathan Mckinsey Defendant Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 2012-2069CIVIL AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing address of the Defendant is: Jonathan Mckinsey 145 Crest Loop Road Clanton. Alabama 35045 SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF _I 2012 NOTA4YB I OM ONWEA . Of PENNSYLVANIA I.p©TARIAL BEAL fransWW GOWW-Torres-Notary Public City of Philadelphia, PhiladelPh1° Cou MY COMMISSION EXPIRES NOV. 16, 2015 TERRENCE J. McCABE, S UIRE MARGARET GAIRO, ES ERE CHRISTINE L. GRAHAM, ESQUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW 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 M&T Bank Plaintiff V. Jonathan Mckinsey Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 2012-2069CIVIL CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would entered against him/her within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN AND SUBSCRIBED BEFORE ?E THIS DAY OFU 2012 Q? iTJUL I QM QNWE,?LTH Of PENNSYLVANIA EA L N O T A R? APENNotatY Public Fraasheska Goth. adelphia CoutttY City of Philadeipl`5t? , 201 MY COMMISSION S NOV,16 4ES& TERRENCE J. McCABE, E MARGARET GAIRO, ESQU CHRISTINE L. GRAHAM, ESQUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary May 2, 2012 To: Jonathan Mckinsey 145 Crest Loop Road Clanton, Alabama 35045 M&T Bank Cumberland County Court of Common Pleas vs. Jonathan Mckinsey Number 20:12-2069 CIVIL NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN. TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITIIOUTAHEARING ANDYOUMAYLOSE YOURPROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. Tills OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT' AFFORD TO HIRE ,\ LAWYER, THIS OFFICE MAY BE ABLE TO PROV IDP. YOU WITI I INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, T'ennsylvania 17013 (800)990-9108 lD 7I? NOTIFICACION IMPORTANTE LISTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PF,ESENTADO UNA COMPARECENCIA ESCRITA, YA, SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICAD POR ESCRITO CON ESTE TRIBUNAL SUS DF,FENSAS U OBIECIONES A LOS RBCLAMOS FORMULADOS EN CONTRA SUMO. AL NO TOM R LA ACCION D1iBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA D ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDA DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, ICTAR SENTENCIA FN SU CONTRA Y USTED PODRIA PERDER BIENES UJ)TROS DERECHOSIMPORTANTES. USTED LE DEBF TOMAR ESTE P APEL A SU AB GADO INMEDIATAMEN"FE, SI USTED NO T[ENE A UN ABOGADO, A A O TELEFONFA LA OFICINA EXPUSO ABAJO. HSTA OFICINA LO PUEDE PROPORCIGNAR CON INFORMAC16N ACERC, DE EMPLLA A UN ABOGADO. S1USTE-DNoPUEDEPROPORCIONARPARAFMPLEARUNA0GADO, ESTA OFICINA PUEDE SER CAPAZ. DE PROPORCIONARL) CON INFORM AC16NACERCADELASAGENCIASQUEPUEDENOFRE ER LOS SERVICIOS LEGALES A PERSONAS ELFGIBLES EN UN HON )RARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association ,32 South Bedford Street Carlisle, Pent Sylvania 170 90-9118 (800)9 BY: Attorll eys for laintiff TERRE, NCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE st VERIFICATION The undersigned attorney hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, are true a correct to the best of his 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. TERRENCE J. McCABE, QU RE MARGARET GAIRO, ESQ CHRISTINE L. GRAHAM, ESQUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANhA c^, CIVIL DIVISION t" r.a -r. rnm FILE NO.: 2012-2069CIVIL Civil Term?rM C... C' - -`T1 r M&T Bank v. AMOUNT DUE: $160,628.26 Jonathan Mckinsey INTEREST: from 07/03/12 p $4,107.48 at $26.33 ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant td 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 Blackbird Lane. Shinnensbure. Pennsvlvania 17257 (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 copi?s of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: 01WV 9 a8. Sb rt)d a yob car 103. -75 11 It till it to Signature: Print N TERRENCE J. MCCA'BE, E' MARGARET GAIRO, E,? CHRISTINE L. GRAHAM, E? KEVIN T. McQUAIL, E. Attorneys for Firm: MCCABE, WEISBERG AND CONW?Y Address: 123 S. Broad Street. Suite 2080 Phi sa u- ),Aa -7T 0 Attorney for: Plaintiff Telephone: (215) 790 1 Supreme Court ID No. PA 19109 (fifc? 64 Qs 1?s,ed WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-2069 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK, Plaintiff (s) From JONATHAN MCKINSEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $160,628.26 L.L.: $.50 Interest FROM 7/3/12 - $4,107.48 AT $26.33 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $199.25 Other Costs: Plaintiff Paid: Date: 7/9/12 David D. Buell, Prothonotary /- (Seal) By: 4puty REQUESTING PARTY: Name: CHRISTINE L. GRAHAM, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 309480 LEGAL DESCRIPTION ALL of the following described real estate, known as 128 Blackbird Lane, lying and being situate in Southampton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the right-of-way line of Blackbird Lane; thence along the right-of-way line of Blackbird Lane South 44 degrees 21 minutes 00 seconds East, 40.00 feet to a point; thence along Lot B35 South 45 degrees 39 minutes 00 seconds West, 48.80 feet to a point; thence along Lot B35 South 44 degrees 21 minutes 00 seconds Eas-, 11.67 feet to a point; thence along Lot B35 South 45 degrees 39 minutes 00 seconds West 49.03 feet to a point; thence along Lot B6 and Lot B5 North 44 degrees 21 minutes 00 seconds West, 51.67 feet to a point; thence along Lot B37 North 45 degrees 39 minutes 00 seconds East, 97.83 feet to the point and place of BEGINNING. CONTAINING 4,485 square feet or 0.1030 acre. BEING Lot B36 as shown on the Final Land Subdivision / Development for Meadowsgreen Phase 1 plan prepared by Carl D. Bert & Associates dated May 13, 2005 and last revised June 16, 2006 as recorded in Cumberland County Plan Book 92, Page 123. SUBJECT to all conditions, requirements, restrictions, reservations, grants and easements record or appearing in the chain of title or on the above-referenced land subdivision / development plan of Meadowsgreen. SUBJECT FURTHER to all conditions, requirements, restrictions, reservations, easements, grants, rules, regulations, by-laws and charter of the Home Owners Association for Meadowsgreen. 128 Blackbird Lane, Shippensburg, Pennsylvania 17257. BEING the same premises which by deed dated January 31, 2007 and recorded February 21, 2007 in the office of {he Recorder in and for Cumberland County in Deed Book 278, Page 4233, granted and conveyed to Jonathan Mckins?y in fee. TAX MAP PARCEL NUMBER: 39-12-0320-061 McCABE, WEISBERG AND CONWAY, P.C. • •BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Pl aintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 c- EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ? ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 r c_.. te j HEIDI R. SPIVAK, ESQUIRE - ID #74770 r i r -' MARISA J. COHEN, ESQUIRE - ID # 87830 u?? ocs KEVIN T. McQUAIL, ESQUIRE - ID # 307169 = i CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 p' - BRIAN T. LaMANNA, ESQUIRE - ID # 310321 o E) t'y 123 South Broad Street, Suite 2080 ?C W - ? Philadelphia, Pennsylvania 19109 w ? (215) 790-1010 M&T Bank CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff V. NO: 2012-2069CIVIL Jonathan Mckinsey 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 Blackbird Lane, Shippensburg, Pennsylvania 17257, as of the date the Praecipe foci 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 Jonathan Mckinsey 145 Crest Loop Road Clanton, Alabama 35045 2. Name and address of Defendant in the judgment: Name Address Jonathan Mckinsey 145 Crest Loop Road Clanton, Alabama 35045 Name and last known address of 3 every judgment creditor whose judgment is a record lien on the . real property to be sold: Name Address Plaintiff herein 4. Name and address of the last rec orded holder of every mortgage of record: Name Address Plaintiff herein MERS, Inc., as nominee for Southern P.O. Box 2026 Trust Mortgage, LLC Flint, Michigan 48501 5 6 7 Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which may bed,, affected by the sale: Name Address None Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 128 Blackbird Lane Shippensburg, Pennsylvania 17257 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 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 Cumberland County United States of America United States of America coo Atty General of the United States United States of America c/o Atty General of the United States P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 31 1 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowl or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. July 2, 2012 TERRENCE J. McCAS,QU]llR?E 77 DATE MARGARET GAIROIRE CHRISTINE L. GRAHAM, ESQUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL of the following described real estate, known as 128 Blackbird Lane, lying and being situate in Southampton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the right-of-way line of Blackbird Lane; thence along the right-of-way line of Blackbird Lane South 44 degrees 21 minutes 00 seconds East, 40.00 feet to a point; thence along Lot B35 South 45 degrees 39' minutes 00 seconds West, 48.80 feet to a point; thence along Lot B35 South 44 degrees 21 minutes 00 seconds East, 11.67 feet to a point; thence along Lot B35 South 45 degrees 39 minutes 00 seconds West 49.03 feet to a point; j thence along Lot B6 and Lot B5 North 44 degrees 21 minutes 00 seconds West, 51.67 feet to a point; thence along Lot B37 North 45 degrees 39 minutes 00 seconds East, 97.83 feet to the point and place of BEGINNING. CONTAINING 4,485 square feet or 0.1030 acre. BEING Lot B36 as shown on the Final Land Subdivision / Development for Meadowsgreen Phase I plan prepared l y Carl D. Bert & Associates dated May 13, 2005 and last revised June 16, 2006 as recorded in Cumberland County Plim Book 92, Page 123. SUBJECT to all conditions, requirements, restrictions, reservations, grants and easements record or appearing in thej chain of title or on the above-referenced land subdivision / development plan of Meadowsgreen. SUBJECT FURTHER to all conditions, requirements, restrictions, reservations, easements, grants, rules, regulation, by-laws and charter of the Home Owners Association for Meadowsgreen. 128 Blackbird Lane, Shippensburg, Pennsylvania 17257. BEING the same premises which by deed dated January 31, 2007 and recorded February 21, 2007 in the office oft e Recorder in and for Cumberland County in Deed Book 278, Page 4233, granted and conveyed to Jonathan Mckinse i in fee. I TAX MAP PARCEL NUMBER: 39-12-0320-061 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 - 11) # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW M&T Bank Attorneys for Plaintiff4 C rnC0 Zrn c- c= 1-n --- r- I -r rn D Z COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Jonathan Mckinsey Number 2012-2069CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY fo: Jonathan Mckinsey 145 Crest Loop Road Clanton, Alabama 35045 Your house (real estate) at 128 Blackbird Lane, Shippensburg, Pennsylvania 17257 is scheduled to be sold at Sheriffs Sale on December 5, 2012 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of S 160,628.26 obtained by M&T Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to M&T Bank the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE I . 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) day! of the sale. This schedule will state who will be receiving that money. The money will be paid of 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) LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL, of the following described real estate, known as 128 Blackbird Lane, lying and being situate in Southampton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the right-of-way line of Blackbird Lane; thence along the right-of-way line of Blackbird Lane South 44 degrees 21 minutes 00 seconds East, 40.00 feet to a point; then44 ce along Lot B35 South 45 degrees 21 minutes 00 se ondreEast' minutes 00 seconds West, 48.80 feet to a point; thence along t 1 1.67 feet to a point; thence along Lot B35 South 45 degrees 39 minutes 00 seconds West 49.03 feet to a point; BEGa point; INNING thence along 11 thence along Lot B6 and Lot B5 North 44 degrees 21 minutes 00 seconds West, 51.7 feet Lot 1337 North 45 degrees 39 minutes 00 seconds East, 97.83 feet to the and place of . CONTAINING 4,485 square feet or 0.1030 acre. prepared BEING Lot 1336 as shown on the Final Land Subdivision / Development for Meado in Cumberland County Plan Carl D. Bert & Associates dated May 13, 2005 and last revised June 16, 2006 as recorded Book 92, Page 123. SUBJECT to all conditions, requirements, restrictions, reservations, grants and easements record or appearing in th? chain of title or on the above-referenced land subdivision / development plan of Meadowsgreen. SUBJECT FURTHER to all conditions, requirements, restrictions, reservations, easements, grants, rules, regulations, b\ -laws and charter of the Home Owners Association for Meadowsg,reen. 128 Blackbird Lane, Shippensburg, Pennsylvania 17257. 7 in BEING the same premises which by deed dated January 31, 2007 and recorded February 1, 00Jo tithe off Mce of ye Recorder in and for Cumberland County in Deed Book 278, Page 4_33, granted and conveyed in fee. TAX MAP PARCEL NUMBER: 39-12-0320-061 COURT OF CO~ION PLEAS OF PENNSYLVANIA, ~ ~~ I~ CUMBERLAND COUNTY AFFlDAVIT OF SERVICE ~18488~ Case No: 2012-2069CIVIL Plaintiff(s): M&T BANK :,, Dclcndanttsl: JONATHAN MCKINSEY {-, rv -~-~ STATE OF ALABAMA COUNTY OF ss.: ~~ 1-}~yt 11 -•C~ O Q1 ~~ ,the undersigned, being duly sworn, deposes and says that I was at the' time o service over age af' eighteen and not a party to this action. I reside in the STATE OF ALAI . ~~~rrC On OOIO~G/2012 at 7:Z4 YM, I served the within NOTICE OF SHERIFF'S SALE OI• RIVAL PROI~ER'~ otr- JONATHAN MCKINSEY at 145 CREST LOOP ROAD, CLANTON, AL 35045 in the manner indicated b~1 INDIVIDUAL: by delivering thereat a true copy of each to said recipient personally; deponent knew the person so served to be the person described herein by deponent asking the person if he or she is the named Recipient and the person responding that he or she is in fact the person named in this action as the Recipient. A description of the Recipient, or other person served on behalf of the Recipient is as follows: v -~ -~ -.,e°: I asked the person spoken to whether Defendant(s) was in the active milit~~yy service or financially dependent upo any une who is in the military service of the United States or of the State of . HL in any capacity wh ever and received a negative reply. The source of my information and belief are the c~versations above narrated. U information and belief I aver that the recipient is not in the military service of 1-'I lr State or oft U ited States as that term is defined in either the State or in tl~e`Federal statu~te/s. SS o~ subscribed before ma on 20„j~_ Notary Public Anger ! o._ (~'~ b s 'h'tC~ ~ 1zo 1 t Z Attorney Outsourcing Support Services, Inc. 1 Huntington Quadrangle, Suite 2504 Me1vi11e,NY 11747 Firm Ref#:287-0756 PA ? Q '~`°' McCabe, Weisberg & Conway, P.C. ~"' _.~ 123 S. Broad Street ~"'',,, Philadelphia,PA 19109 ~ ~ ~ ~~ r,.. t ~ _ ~ C J- - r'- ~ -..~ co --! Ct~ Z ~ ~ z p ~~ .. ~: -.... McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorney far Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsyh~ania 19109 (215) 790-1010 M&"1' Bank CUMBERLAND COUNTY FW. Plaintiff COURT OF COMMON PLEAS ~ `s .~ ~J~ ~ rn~ V. CX? ~~ ~ j ~- "'G ~~ Number 2012-2069CIVIL rn~- W ~~ Jonathan Mckinsey `r°. ~ =~~'? ~ Defendant ~. ~; ~ =. ~; ~o c`%'x~ AFFIDAVIT OF SERVICE •" ~- -- "" OF - . :. _' AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 2.3rd day of October, 2012, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a apart hereof SWORN AND SUBSC~ E BEFO r~ME`TH~IS ~~ DAY OF -ice.. I~~ ,~_~__.,(~w ~. ~ _.. NO'T'ARY PUBLIC ~~•^ K ~ ANIP ,~M i.i~~ -~i~'" NDTAF~~"~ ~'~L Barbara ~. y~=- ~tat~~I ~Glic ; City taf Philad~iPlaia~ Fw~a~ Q E McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff .~ By: TERR NCE . McCABE, ESQUIRE - ID # 16496 MARC S. W ISBERG, ESQUIRE - [D # 17616 EDWARD D. CONWA~', ESQUIRE - [D # 34687 MARGARET CAIRO, ESQUIRE - ID # 34419 McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 l23 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&'T Bank Plaintiff v. Jonathan Mckinsey Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 2012-2069CIV1L AMENDED AFFIDAVIT PURSUANT TO RULE 3129 'The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 128 Blackbird Lane, Shippensburg, Pennsylvania 17257, as of the date ttae Praecipe for the Writ of Execution was filed. A copy of the description of said property is attached hereto. I. Name and address of Owner or Reputed Owner Name Address Jonathan Mckinsey 145 Crest Loop Road Clanton, Alabama 35045 2. Name and address of Defendant in the judgment: Name Address Jonathan Mckinsey 145 Crest Loop Road Clanton, Alabama 35045 3. Name a.nd last known address of every judgment creditor whose judgment is a record lien ~on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein S 6 MERS, Inc., as nominee for Southern P.O. Box 2026 Trust Mortgage, LLC Flint, Michigan 48501 Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address 7. Name .and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania lnheril:ance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax: Inheritance Tax Division Department of Public Wf;lfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Address 128 Blackbird Lane Shippensburg,Pennsylvania 1727 Department of Public 'Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8`~ Street Suite ir204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 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 8 United States of America Internal Revenue Service Technical Support Group Williarn 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. 3 ~~I 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. 5111 Atty General of the United States Main Justice Bldg., 10th & Constitution Ave. N.W. Washington, DC 20530 United States of America c/o 10th & Constitution Ave. N.W., Rm. 4400 Atty General of the United States Washington, DC 20530 U.S. Dept. of Justice Name and address of Attorney of record: Name Address None L verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. McCABE, WEISBERG & CONWAY, P.C. October 23. 2012 _ Attorneys for Plaintiff DATE By. TERR NCE McCABE, ESQUIRE MARC S. W ISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE; MARGARET CAIRO, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. C'ONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McOUAIL, 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 M&'1' Bank Plaintiff v. Jonathan Mckinsey Defendant DATE: October 23, 2012 COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 2012-2069CIVIL TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Jonathan Mckinsey PROPERTY: 128 Blackbird Lane, Shippensburg, Pennsylvania 17257 IMPROVEMENTS: Residential Dwelling JUDGMENT AMOUNT: $160,628.26 The above-captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on December 5, 2012 at 10:00 a. m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, andlor other interests in the property which will be~ extinguished by the sale. Y'ou 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 (3'~0) days after sale. Distribution wiill be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. ~] C U L W N r r c s a. 7 ~ v~ ,~ } ~~ _ °' ~ ' ~ . 3 3 a = m =; axnrn xbvb x:~gzyv xv~~ v~ b~~~ ~ axbc~vn ~;~r~ Z Vii ~ ~ VI• W ~ y~ ~ 1 l ~ VJ ~ C+ ~ Lr Vl~ W ~ ~ W CIZ .. a'O C O a0 C'C ~ N .~ QO Cep y C O ~? N~ d O .. SO C'.O 3° rpfJq ~ ~ QQ ONO '" 7Q A~"CC~ ~ UQ ~(/]f~D ""1~ O'~00~ ~ N ' ~ ~~ 0 ?p A ~C t D ~+i "b.7 f~D ( bN0 ~ '17~~7Q~°+ roNP~ ~ 4'^' d ~'* O 1( ~. . ~ro(JJ1 ~.~,- v T D7 ° , m V] a O' s O ° t/~"'- J ,~ "'' "' ° J y'.y "' Cy O C y . B ri "'°Q'Cp,° J ~ fo . C "" ~ QO "" ~ "y r C/~C ° v J -~ 1.. 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CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank Plaintiff v. Jonathan Mckinsey Defendant Attorney for Plaintiff CUMBERLAND COUNTY ~-, COURT OF COMMON PLEAS ~ 3 rn~ ~~ ~~ r- Number 2012-2069CIVIL ~2'' r~ ~~ r- ~-, w- C' ~.-:~ c~ w sa• .~ r~-, n, ~'~ ..c ~,, mac`; ^1 C_`' ~~: `~~F%i aY, -~ T ~; AFFIDAVIT OF SERVICE OF 4r AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 26th day of November, 2012, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUB BEFO E T IS DAY OF 012 TA BLIC - Barbara J, `. ;~ - ~€r~?~~,~ public Cit)r of Philadeip t'sa, i~~ila~E~~hia County MY COMMISSION E;PIRES JAN.12, 2014 McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff By: TE NCE . McCABE, ESQUIRE - ID # 16496 MARC S. ISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank Plaintiff v. Jonathan Mckinsey Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 2012-2069CIVIL AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 128 Blackbird Lane, Shippensburg, Pennsylvania 17257, 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 Jonathan Mckinsey 145 Crest Loop Road Clanton, Alabama 35045 2. Name and address of Defendant in the judgment: Name Address Jonathan Mckinsey 145 Crest Loop Road Clanton, Alabama 35045 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein MERS, Inc., as nominee for Southern P.O. Box 2026 Trust Mortgage, LLC Flint, Michigan 48501 MERS, Inc as Nominee for Southern 334 S.W. 34th Avenue Ste, 101 Trust Mortgage LLC Ocala ,Florida 34474 MERS, Inc as Nominee for Southern 150 Boush Street Trust Mortgage LLC # 400 Norfolk ,Virginia 23510 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Cumberland County Planning Commission Address 18 N. Hanoves Street Carlisle ,Pennsylvania 17013 Meadowsgreen Homeowners Association 126 Elking Street Shippensburg, Pennsylvania 17257-1326 Meadowsgreen Homeowners 5821 Linglestown Road Association Harrisburg, Pennsylvania 17112 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 Blackbird Lane Shippensburg, Pennsylvania 17257 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 Inheritance Tax Office 110 North 8`h Street 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. 5111 Atty General of the United States Main Justice Bldg., 950 Pennsylvania Ave. N.W. Washington, DC 20530 United States of America c/o 950 Pennsylvania Ave. N.W., Rm. 4400 Atty General of the United States Washington, DC 20530 U.S. Dept. of Justice Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. McCABE, WEISBERG & CONWAY, P.C. November 26, 2012 Attorneys for Plaintiff DATE By: TE E J. cCABE, ESQUIRE ' MARL S. WE BERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 ' MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (2l 5) 790-1010 M&T Bank Plaintiff v. Jonathan Mckinsey Defendant DATE: November 26, 2012 COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 2012-2069CIVIL "f0: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Jonathan Mckinsey PROPERTY: 128 Blackbird Lane, Shippensburg, Pennsylvania 17257 IMPROVEMENTS: Residential Dwelling JUDGMENT AMOUNT: $160,628.2b The above-captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on March 6, 2013 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013.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. C" ~] U A W N "'' A = G. ,,d `~ 3 O ~~A~ ~ ~ ~, ~ 3 °* ~ W ~ A ~y ~' M~ a ~ A C m ~ 'S .~ A d e`~o "d ~o ~`~ ~ z A ~ ~ ~ ~ °' = a ~ ~. b~ o~ ~~ -~ ob ~~ A y ~ N~ ~~ m OA ~ O p ~ r ~+ ~ ~ ~+ ~ z3 y ~ A ~ F[~~y m ~ ti O A O O . Vl 0 U1 OQ AQ~ CQQdreQ ~ < O ~ A n C ~ n A ~ ~ ~ "'! ~ ~ p y n y ~ ~ y ~ fD Vl , r~.~ ~' ° a A 'e O S y ~ C ~`~ o ~ N B W ' AC ~' "°' O C ~ O O ~ Nr J H y ~ ~ H -+ W ~ ~t r+ O '~ N y N y ('~ C C . f7 J A .'~. fD fD M F.+ (/~ ~ ~ ~ ~ _ N ~ = '~ y ~ "! 'Z O ~ C K C r ~ ~ ~ ~ OQ dQ QQ A QQ A $_ ~~ J ~- H ~~ ~ Q 2 6~ . ~>2 ,,y o~ of 0 W J v A A O N N n ~SNSm ..j_w~a m ~, ~ ~ Za~~i •~~. a C?m ~ ~ a: °'f9.a o `ti~Q~' ~+ ~ N ^~ rC•Y ~ F~IbNd'f~C O. one ,~ o ~ A ~ ~e :'d n ^ ~ ~ ~ ~ ~_ Sm~r~'~ ~ c ~ 3 n a.A ~ ~F ~ n ~. ~ fD 0 ~. ~ ~. O ~ppO~ ~~g~.. ~~~~. ~ c ~. o' ~ 5 a o -~ .. ~ j~ c v ~ `~ Cn `° 1~ c !A I. ^' o~l~ o l~ ~ I SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r:<< Er 0 F E L ., Sheriff ( � T1H +..� ��aata�t7 of c:atartfer�,��� Jody S Smith Chief Deputy 2013 MAY —8 All 10: 04 Richard W Stewart Solicitor `�THE "~"' PENNSYLVANIA M &T Bank vs. Case Number Jonathan McKinsey 2012-2069 SHERIFF'S RETURN OF SERVICE 09/26/2012 03:17 PM-Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 128 Blackbird Lane, Southampton Township, Shippensburg, PA 17257, Cumberland County. 11/30/2012 As directed by Terrance Mccabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/6/2013 03/07/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberlad County, on March 6, 2013 at 10:00 a.m. He sold the same for the sum of$ 1.00 to Attorney Terrance McCabe, on behalf of Federal Home Loan Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,223.81 SO ANSWERS, 6z xllla�" ;�—� May 06, 2013 RbNW R ANDERSON, SHERIFF 9 7 ^ouni htlit'e";5"6'::f,7o-eo."'t.10- McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID#17616 r 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. COVEN,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 M&T Bank CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff V. NO: 2012-2069CIVIL Jonathan Mckinsey 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 Blackbird Lane, Shippensburg,Pennsylvania 17257, 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 Jonathan Mckinsey 145 Crest Loop Road Clanton,Alabama 35045 2. Name and address of Defendant in the judgment: Name Address Jonathan Mckinsey 145 Crest Loop Road Clanton,Alabama 35045 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein MERS, Inc., as nominee for Southern P.O. Box 2026 Trust Mortgage,LLC Flint, Michigan 48501 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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 Blackbird Lane Shippensburg,Pennsylvania 17257 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O.Box 2675 Harrisburg,PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite#204 Philadelphia,PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division Harrisburg,PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg,PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg,PA 17128-1230 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg,PA 17128-1230 Compliance ATTN: Sheriff s Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle,PA 17013 United States of America c/o United States Attorney for the Middle District of PA William J.Nealon Federal Bldg. 235 North Washington Avenue,Ste.311 Scranton,PA 18503 and Harrisburg Federal Building&Courthouse 228 Walnut Street,Ste.220 Harrisburg,PA 17108-1754 United States of America c/o U.S.Dept of Justice,Room 5111 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 United States of America c/o U.S.Dept of Justice,Room 4400 Arty 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. July 2,2012 TERRENCE J.McCABf,hSQUIRE DATE MARGARET CAIRO,AWUIRE CHRISTINE L.GRAHAM,ESQUIRE KEVIN T.McQUAIL,ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL of the following.described real estate,known as 128 Blackbird Lane, lying and being situate in Southampton Township,Cumberland County,Commonwealth of Pennsylvania,more particularly bounded and described as follows: BEGINNING at a point on the right-of-way Iine of Blackbird Lane;thence along the right-of-way line of Blackbird Lane South 44 degrees 21 minutes 00 seconds East,40.00 feet to a point;thence along Lot B35 South 45 degrees 39 minutes 00 seconds West,48.80 feet to a point;thence along Lot B35 South 44 degrees 21 minutes 00 seconds East, 11.67 feet to a point;thence along Lot B35 South 45 degrees 39 minutes 00 seconds West 49.03 feet to a point; thence along Lot B6 and Lot B5 North 44 degrees 21 minutes 00 seconds West, 51.67 feet to a point;thence along Lot B37 North 45 degrees 39 minutes 00 seconds East, 97.83 feet to the point and place of BEGINNING. CONTAINING 4,485 square feet or 0.1030 acre. BEING Lot B36 as shown on the Final Land Subdivision 1 Development for Meadowsgreen Phase 1 plan prepared by Carl D. Bert&Associates dated May 13,2005 and last revised June 16,2006 as recorded in Cumberland County Plan Book 92, Page 123. SUBJECT to all conditions,requirements,restrictions,reservations,grants and easements record or appearing in the chain of title or on the above-referenced land subdivision/development plan of Meadowsgreen. SUBJECT FURTHER to all conditions,requirements,restrictions,reservations,easements,grants,rules,regulations, by-laws and charter of the Home Owners Association for Meadowsgreen. 128 Blackbird Lane, Shippensburg,Pennsylvania 17257. BEING the same premises which by deed dated January 31,2007 and recorded February 21,2007 in the office of the Recorder in and for Cumberland County in Deed Book 278,Page 4233,granted and conveyed to Jonathan Mckinsey in fee. TAX MAP PARCEL NUMBER: 39-12-0320-061 McCABE,WEISBERG AND CONWAY,P.C. ==' r BY: TERRENCE J. McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID#17616 ,::r. EDWARD D. CONWAY, ESQUIRE -ID#34687 MM C MARGARET GAIRO,ESQUIRE-ID# 34419 r ANDREW L. MARKOWITZ,ESQUIRE-ID# 28009 �� w 4c HEIDI R.SPIVAK, ESQUIRE-ID 974770p MARISA J. COHEN,ESQUIRE-ID#87830 A t-) KEVIN T. McQUAIL,ESQUIRE-ID#307169 CHRISTINE L. GRAHAM,ESQUIRE- ID#309480 ' t, BRIAN T. LaMANNA, ESQUIRE- ID#310321 123 South Broad Street,Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW M&T Bank COURT OF COMMON PLEAS V. CUMBERLAND COUNTY Jonathan Mckinsey Number 2012-2069CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Jonathan Mckinsey 145 Crest Loop Road Clanton, Alabama 35045 Your house(real estate)at 128 Blackbird Lane,Shippensburg,Pennsylvania 17257 is scheduled to be sold at Sheriffs Sale on December 5,2012 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle,Pennsylvania 17013 to enforce the court judgment of$160,628.26 obtained by M&T Bank 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 M&T Bank 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 r 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. 1 You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened,you may call McCabe, Weisberg and Conway,P.C.at(215)790-1010. 4. If the amount due from the buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty(30)days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed schedule of distribution is wrong)are filed with the Sheriff within ten(10)days after the posting of the schedule of distribution. 7. You may also have other rights and defenses,or ways of getting your real estate back,if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 + LEGAL DESCRIPTION ALL of the following described real estate,known as 128 Blackbird Lane, lying and being situate in Southampton Township,Cumberland County,Commonwealth of Pennsylvania,more particularly bounded and described as follows: BEGINNING at a point on the right-of-way tine of Blackbird Lane;thence along the right-of-way line of Blackbird Lane South 44 degrees 21 minutes 00 seconds East,40.00 feet to a point;thence along Lot B35 South 45 degrees 39 minutes 00 seconds West,48.80 feet to a point;thence along Lot B35 South 44 degrees 21 minutes 00 seconds East, 11.67 feet to a point;thence along Lot B35 South 45 degrees 39 minutes 00 seconds West 49.03 feet to a point; thence along Lot B6 and Lot B5 North 44 degrees 21 minutes 00 seconds West,51.67 feet to a point;thence along Lot B37 North 45 degrees 39 minutes 00 seconds East, 97.83 feet to the point and place of BEGINNING. CONTAINING 4,485 square feet or 0.1030 acre. BEING Lot B36 as shown on the Final Land Subdivision/Development for Meadowsgreen Phase 1 plan prepared by Carl D. Bert&Associates dated May 13,2005 and last revised June 16,2006 as recorded in Cumberland County Plan Book 92,Page 123. SUBJECT to all conditions,requirements,restrictions,reservations,grants and easements record or appearing in the chain of title or on the above-referenced land subdivision/development plan of Meadowsgreen. SUBJECT FURTHER to all conditions,requirements,restrictions,reservations,easements,grants,rules,regulations, by-laws and charter of the Home Owners Association for Meadowsgreen. 128 Blackbird Lane, Shippensburg, Pennsylvania 17257. BEING the same premises which by deed dated January 31,2007 and recorded February 21,2007 in the office of the Recorder in and for Cumberland County in Deed Book 278, Page 4233,granted and conveyed to Jonathan Mckinsey in fee. TAX MAP PARCEL NUMBER: 39-12-0320-061 WRIT OF EXECUTION and/or ATTACHMENT COMMON WEALTH OF PENNSYLVANIA) NO. 12-2069 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK, Plaintiff(s) From JONATHAN MCKINSEY (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: $160,628.26 L.L.: 530 Interest FROM 7/3/12- $4,107.48 AT$26.33 Atty's Comm: % Due Prothy: 52.25 Arty Paid: $199.25 Other Costs: Plaintiff Paid: Date: 7/9/12 David D.cBuell,Prothonotary � f (Seal) By: C4 eputy REQUESTING PARTY: Name: CHRISTINE L. GRAHAM,ESQUIRE Address:MCCABE,WEISBERG AND CONWAY 123 S.BROAD STREET,SUITE 2080 PHILADELPHIA,PA 19109 Attorney for: PLAINTIFF TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand Telephone: 215-790-1010 end the eal of said Co rt al Carlisle,Pa. This slay of ~ '2(}1'.i Supreme Court ID No. 309480 Prothonotary iac a`� CUMBERLAND LAW JOURNAL Writ No. 2012-2069 Civil Term the Home Owners Association for Meadowsgreen. M&T Bank 128 Blackbird Lane, Shippens- burg,Pennsylvania 17257. vs. BEING the same premises which Jonathan McKinsey by deed dated January 31,2007 and Atty.:Terrance McCabe recorded February 21,2007 in the ALL of the following described real office of the Recorder in and for Cum- estate,known as 128 Blackbird Lane, berland County in Deed Book 278, lying and being situate in Southamp- Page 4233,granted and conveyed to ton Township, Cumberland County, Jonathan Mckinsey in fee. Commonwealth of Pennsylvania, TAX MAP PARCEL NUMBER: 39- more particularly bounded and de- 12-0320-061. scribed as follows: BEGINNING at a point on the right-of-way line of Blackbird Lane; thence along the right-of-way line of Blackbird Lane South 44 degrees 21 minutes 00 seconds East, 40.00 feet to a point;thence along Lot B35 South 45 degrees 39 minutes 00 seconds West, 48.80 feet to a point; thence along Lot B35 South 44 de- grees 21 minutes 00 seconds East, 11.67 feet to a point;thence along Lot 835 South 45 degrees 39 minutes 00 seconds West 49.03 feet to a point; thence along Lot B6 and Lot B5 North 44 degrees 21 minutes 00 seconds West, 51.67 feet to a point; thence along Lot B37 North 45 degrees 39 minutes 00 seconds East,97.83 feet to the point and place of BEGINNING. CONTAINING 4,485 square feet or 0.1030 acre. BEING Lot 836 as shown on the Final Land Subdivision / Develop- ment for Meadowsgreen Phase I plan prepared by Carl D. Bert &Associ- ates dated May 13, 2005 and last revised June 16, 2006 as recorded in Cumberland County Plan Book 92,Page 123, SUBJECT to all conditions, re- quirements, restrictions, reserva- tions, grants and easements record or appearing in the chain of title or on the above-referenced land subdi- vision / development plan of Mead- owsgreen. SUBJECT FURTHER to all condi- tions,requirements,restrictions,res- ervations, easements, grants, rules, regulations, by-laws and charter of 65 M PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 26, November 2 and November 9, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. isa Marie Coyne, Iditor SWORN TO AND SUBSCRIBED before me this day of November, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I,Robert P. Ziegler,Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mortgage Corp is the grantee the same having been sold to said grantee on the 6th day of March A.D.,2013,under and by virtue of a writ Execution issued on the 9th day of Jam, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 2069,at the suit of M& T Bank against Jonathan McKinsey is duly recorded as Instrument Number 20131 5011. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. 013 ecorder of Deeds Of a C►ft c ,fit fir Mml ' E*=the Fret Monday a Jan.2014 i The Patriot-News Co. 2020 Technology Pkwy Q a �10 '`' ewl Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue 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 COP This ad ran on the date(s)shown below: 10/26/12 miror 20$2-201 c + 11/02/12 M& 11/09/12 I . kw tad. beingsituateinSouth ` ton Township,. Sworn to a6 rib before me is 1 d ove 'ber, 2012 A.D. Cumberland County,Commonwealth of Pennsylvania,more particularly bounded and described as follows: BEGINNING at a r✓ way line of Blackbird ante thence Notary Public the right-of-way line of Blackbird Lane South 44 degrees 21 minutes 00 seconds East,40.00 feet to a point;thtmoe along Lot B35 South 45 degrees 39 minutes 00 seconds West,48.80 feet to a point;thence COMMONWEJ4LrH OF PENNSYLVANIA along Lot B35 South 44 degrees 21 minutes I� — Notarial Seal 00 seconds East,11.67 feet to a point; e, Sherrie L.Owens,Notary Public thence along Lot 835 South 45 degrees'_ Lower Paxton Twp.,Dauphin County 39 minutes 00 seconds West 4903 feet to' My Commission Expires Nov.26,2015 a point;thence along Lot B6 and Lot BS MEMBER,PENNSYLVANIA ASSOC 11ON OF NOTARIES North 44 degrees 21 minutes 00 seconds r West,51.67 feet to a point;thence along Lot B37 North 45 degrees 39 minutes 00 seconds East,97.83 feet to the point and place of BEGMING. CONfAM0 4,485 squm feet o!0.1030 acre. BEING Lot 836 as shown on the Final Iand Subdivision/Development for deadowsgreen Phase I plan prepared by Carl D.Bert&Associates dated May 13,2005 and last revised June 16,2006 as recorded in Cumberland County Plan Boc* 92,Page 123, SUBJECT to all Conditions,requirements, restrictions,reservations,grants and ` easements record or appearing in the chain of title or on the above-referenced land subdivision/development plan of Meadowsgreen: SUBJECT FURTHER to an conditions, requirements,restrictions,reservations, easements,grants,rules,regulations,by- laws and charter of the Home Owners Association for Meadowsgreen. 128 Blackbird Lane,Shippensburg, Pennsylvania 17257. BEING the same premises which by deed dated January 31,2007 and recorded February 212007 in the office of the