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HomeMy WebLinkAbout12-3677? r 1€?• 4 i I g3RLrit@ E#-114S Y.VA N McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 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 LoanCare, a Division of FNF Servicing, Inc 3637 Sentara Way, Suite 303 Virginia Beach, Virginia 23452 V. James J. Windemaker 410 Herman Avenue Lemoyne, Pennsylvania 17043 and Linda K. Windemaker 410 Herman Avenue Lemoyne, Pennsylvania 17043 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number COMPLAINT IN MORTGAGE FORECLOSURE Div 1 D 0Lr.+$/03.7Sp1 01? aw 1Ij77SY V- 9-617 (4 .f.? J ! ze JI'1 File # 465-0010 Page 1 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 corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la 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 cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LISTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 File # 465-0010 Page 2 COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is LoanCare, a Division of FNF Servicing, Inc., duly organized and doing business at the above-captioned address. 2. The Defendant is James J. Windemaker, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 410 Herman Avenue, Lemoyne, Pennsylvania 17043. 3. The Defendant is Linda K. Windemaker, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 410 Herman Avenue, Lemoyne, Pennsylvania 17043. 4. On May 31, 2007, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Home Mortgage Corp, a Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1995, Page 0679, such Mortgage being incorporated herein by reference by virtue of Rule 1019(g) Pa. R. C. P. 5. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Home Mortgage Corp, a Corporation to LoanCare, a Division of FNF Servicing, Inc., 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 410 Herman Avenue, Lemoyne, Pennsylvania 17043. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due July 1, 2010 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. File # 465-0010 Page 3 8. The following amounts are due on the mortgage: Principal Balance $ 125,472.77 Interest through May 1, 2012 $ 19,044.76 (Plus $26.90 per diem thereafter) Late Charges $ 624.93 Attorney's Fee $ 1,450.00 Escrow Advance $ 3,395.11 Mortgage Insurance Premiums $ 101.34 Property Inspection Fees $ 440.00 GRAND TOTAL $ 150,528.91 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 $150,528.91, together with interest at the rate of $26.90 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. B [ ] TE NCE J. McCABE, ESQUIRE [,-J_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 [ J CHRISTINE L. GRAHAM, ESQUIRE [ ] BRIAN T. LAMANNA, ESQUIRE Attorneys for Plaintiff File # 465-0010 Page 4 VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unswom falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: "?? ?1 [ ] TE NCE 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 Attorneys for Plaintiff LoanCare, a Division of FNF Servicing, Inc. v. James J. Windemaker and Linda K. Windemaker File # 465-0010 Page 5 5 ALL THAT CERTAIN act-orfh10 Ian and premises, situate, lying and being in the Borough of Lemoyne in the County of Cumberland and Commonwealth of Pennsylvania, more panicularly bounded and described according to a survey made by Gerrit J. Betz, Registered Surveyor, dated August 29, 1977, as follows, to wit: BEGINNING at a point on the Southern side of Herman Avenue, said point being 75 feet West of the Southwest corner of the intersection of Herman Avenue and Cranberry Street; Thence along the Western line of Lot No. 54 Block "C" on the hereinafter mentioned Plan of Lots, South 29 degrees East 150 feet to a point in the Northern side of Plum Alley; Thence along the Northern side of Plum Alley, South 61 degrees West 17.50 feet to a point in the center line of Lot No. 53, Block "C" on the hereinafter mentioned Plan of Lots; Thence along the center line of Lot No. 53, Block "C" aforesaid, thru the center of the partition wall dividing properties known as 410 and 412 Herman Avenue and beyond North 29 degrees West 150 feet to a point in the Southern side of Herman Avenue; Thence along the Southern side of Herman Avenue, North 61 degrees East 17.50 feet to a point, the Place of BEGINNING. BEING the Eastern one-half of Lot No. 53, Block "C", on a Plan of Lots known as Plan No. 1, Riverton, Recorded in Deed Book J, Volume 4, page 40. HAVING THEREON ERECTED a 2 % story frame dwelling known and numbered as 410 Herman Avenue, Lemoyne, Pennsylvania. LoanCare, a Division of FNF Servicing, Inc Plaintiff Vs. James J. Windemaker and Linda K. Windemaker Defendants FORM IN THE COURT OF COMMON PLE OMf CUMBERI:.,AND COUNTY, PENNS*tXANtA fi IV11 (71 t C a-? C_- `. -y 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 that 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. d4P_ Date Respectfully 7;4 [ ignature of Counsel for laintiffJ FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: Phone Numbers: State: Zip: Yes ? No ? Listing date: Price $ Realtor Phone: Yes ? No ? State: Zip: Home: Office: Cell: Other: Email: # of people on household: How long? Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people on household: First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Total Mortgage Payment Amount $ Date of Last Payment: Primary Reason for Default: Included Taxes & Insurance: How long? Is the loan in Bankruptcy? Yes ? No ? 1 ? 'If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile # 1: Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Year: Amount owed: Year: Year: Model Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2"a Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Da /Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 w M 'Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes 0 No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your deliquency? Yes O No ? If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obiligation to use the services provided by the above named Borrower Signature Co-Borrower Signature Date Date Please forward this document along with the following information to lender and lender's counsel: Proof of income f Past 2 bank statements f Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) r Listing agreement (if property is currently on the market) 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?4,,?ts1?, pt' 4aunt?tr?rl??y Fj .: is ? ?? = I'r' `?t ?t TH1 'IV 12 JUL 23 AM 8: 38 CUMBERLAND COUNTY PENNSYLVANIA LoanCare vs. Case Numbe James J. Windemaker (et al.) 2012-3677 SHERIFF'S RETURN OF SERVICE 07/16/2012 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: Linda K. Windemaker, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Linda K. Windemaker. Request for service at 410 Herman Avenue, Lemoyne, Pennsylvania 17043 appears vacant and is currently for sale. To date The Lemoyne Postmaster has been unable t provide a good forwarding address for the Defendant. 07/16/2012 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: James J. Windemaker, but was unable to locate hi in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to th defendant James J. Windemaker. Request for service at 410 Herman Avenue, Lemoyne, Pennsylvania 17043 appears vacant and is currently for sale. To date The Lemoyne Postmaster has been unable t provide a good forwarding address for the Defendant. SHERIFF COST: $86.00 SO ANSWERS, July 17, 2012 RONWY R ANDERSON, SHERIFF 'ne"f iF ,c,+t ir: SHERIFF'S OFFICE OF CUMBERLAND COUNTY - Ronny R Anderson o j . Sheriff t,; ?t?ttr?v?fi f? + rT Jody S Smit ?r` h' Chief Deputy ? +r 2s Richard W Stewart Solicitor 0FFCF % F Lea LoanCare vs. James J. Windemaker (et al.) Case Number 2012-3677 SHERIFF'S RETURN OF SERVICE 10/03/2012 12:00 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure and Notice upon the within named Defendant, to wit: James J. Windemaker, pursuant to Order of Court by "Posting" the premises located at 410 Herman Avenue, Lemoyne Borough, Lemoyne, PA 17043 with a true and correct copy according to law. NOAH CLINE, DEPUTY 10/03/2012 12:00 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure and Notice upon the within named Defendant, to wit: Linda K. Windemaker, pursuant to Order of Court by "Posting" the premises located at 410 Herman Avenue, Lemoyne Borough, Lemoyne, PA 17043 with a true and correct copy according to law. NOAH CLINE, DEPUTY SHERIFF COST: $72.00 October 04, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CauntySulte Shefift , '1"eleosoft, Ino. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE: - ID # 34419 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff LoanCare, a Division of FNF Servicing, Inc Cumberland County Court of Common Pleas Plaintiff v James J. Vb'indemaker and Linda K. Windernaker Number 12-3677 Civil Defendants AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA, :SS. COUNTY GF PHILADEL,PHIA Terrence J. McCabe, Esquire, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: I . That he is counsel for the above-named Plaintiff; 2. That on September 28, 2012, per the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, James J. Windemaker and Linda K. W indemaker by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to his/her last-known address of 410 Herman Avenue, Lemoyne, Pennsylvania 17043. 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 October 3, 2012, per the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, James J. Windemaker and Linda K. Windemaker, by posting the same at the mortgaged premises of 410 Herman Avenue, Lemoyne, Pennsylvania 17043. 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 "E." ~. That on October 20, 2012, iin accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of the filing of the Complaint in Mortgage Foreclosure upon the Defendant, James .J. Windemaker and Linda K. Windemaker, through publication in the The Sentinel. A true and correct cope of the Proof of Publication indicating the same is atl:ached hereto, made a part hereof, and marked Exhibit "C" 5. That on October 5, 2012, irr accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of the filing of the Complaint in Mortgage Foreclosure upon the Defendants, Games J. Windemaker and Linda K. Windemaker, through publication in Cumberland Law Journal . A true and correct copy of the Proof of Publication indicating the same is attached hereto, made a part hereof and marked Exhibit. "D". ,~~~ ~,,~,, '~ ~ ~,,L~,,k. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIR MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff SWORN APJU SUBSCRIBED BEFORE ME THIS,. DAY OF ~;~r. Y~ ,;~ t,a --, -2.012 NO'I*ARY PU NOTARtAt. SEAL MAT'~4iEV'J !(NIGIi?, Public C;~ty of Ptfitade"~ , Pitile. County My t;amnnssion Ex~res October t 1.2016 D~L~~ ~ro9© LOANCARE, A DIVISION OF FNF~ SERVICING, INC., Plaintiff v. JAMES J. WINDEMAKER and LINDA K. WINDEMAKER, Defendant ,,yy~~,,~~II~ ~ 4~`~ ~~. IN THE NINTH JUDICIAL DISTRICT COURT OF COMMON PLEAS NO. 2012-3677 IN RE: MOTION TO ALLOW 5ERVICE ON THE DEFENDANTS PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 ORDER OF COURT AND NOW, this lit" day of September 2012, upon consideration of Plaintiff's Motion to Allow Service on the Defendants Pursuant to Pa Rule of Civil Procedure 430, it is ordered and directed that service of the Complaint in Mortgage Foreclosure in this case upon the Defendants, James J. Windemaker and Linda K. Windemaker, may be made in the following manner: (1) by First Class and Certified Mail, return receipt requested, no signature required at the last known address, 410 Herman Avenue,, Lemoyne, Pennsylvania 17043, service to be deemed complete upon mailing; (2) by posting a copy of the same on the most public portion of the property located at 410 Herman Avenue, Lemoyne, Pennsylvania 17043; and (3) by publication once in the Cumberland County Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania, in the form directed by the applicable Pennsylvania Rules of~ Civil Procedure and Cumberland County Rules of Procedure. f 4 SUBSEQUENT papers may be served by first-class mail to Defendants at the aforesaid Herman Avenue address, with service to be deemed complete upon mailing. BY THE COURT, ~.r -- Thomas A. Placey, C.P.J. Distribution: Terrence J. McCabe, Esq. McCabe, Weisberg and Conway, P.C. 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for Plaintiff James .l. Windemaker di fl 1-Jnrman Avant rA s~ c ~ -- `"~~ --3 ~~ N ~ r^ ~~ ~~ ~;r,-~ ,, o -c, ~, N N --! C3 rz TERRENCE 1. McCAEi~: MARL 5. \1'F.ISEERG EDWARD D. CONWAI' MARL ARE'f GAIRO LISA I. \4'ALI..ACE. LAURA H G. OSUI,1,1V?.N IANFT7 CHARLTON cavE csrlvAK JASON E. 15ROOK5 A\'DR.E\l' L. M1IARKOWITI MICH AEI. T. l'ANTREI_I. IOSI=.E'H I. RIGA C;\Rlil. ROGERS COKE C ATI~GRINE F \4'ELK EK HI:I D'. R. Sf'IVAK DIANA C THI-OI.000L M1IARISA J COHEN MARK GOI,AI3 10-ANN T_ LAMBERT-0N(:ILL MELISSA A. SI'OSATO ERIANT IrM ANNA CORRIN M. DEMENT ANN E. SN'ARTL PHILLIP MAHONY MATCIIEW E RUSSELL ERIN M. ERADY' RICHARD O'ERIEN I.AURAT CURR\' ANTOINETTL' N. MOORI~. KEVIN T. McQUAIL ALE\ANDRA T. GARCIA h11CFIAEI. T. R07,FA IONATH.AN EL[FANT LAURA L LATT.4 AREl' K X10\NIHAN CHRISTINE L GRAHAM SIIEE RAG ENGRISSF.I 105E O. HASEUN ION ATII.\V POI.I.ACK MAKENNA E FoRCH IiICH.4 RD 1. SU7.0R. JR lil?.fH I~:R M. W'E•JNERt' LL;C-1S'~f ANDERSON D:AN IF_L FANASELLP. tcu_LIAM D n-NNwG• ,.. .,.., i,_,. Ia., ,ni Lu u~_n-.n. James .I. Windemaker 410 Nerman Avenue Lemoyne, Pennsylvania 17043 LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. surrE 1400 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 (215)790-1010 FAX (2li) 790-1274 September 28, 2012 SUITE 303 ::IG HADDON AVENUE 'WF.STMONT, N10NIOg (%56) BSg-71180 FAX (%5G) g5g-7(1211 SUITE 2111 IJS HUGUI>NOT STREET NEW ROC}{F.LLE, IJY 10801 (91J)fi30-N9fN1 (:EN ERAL Fe1X (91J) 63 (,-8901 SUITE 81M1 !?MARSHALL AVENUE i.AUREL, MD 2117117 (301) J911-3361 FA.K (101) SW1-156N AIEO senlcing the District of Columbia SUITE 202 u121 UNIVERSITY DRIVE F AIRFAX, VA 221130 IN56) 656-0379 SU[TE 1011 iO BUXTON FARMS ROAD STAMFORD, CT 1/6905 (2(13) 992-%NH1 I~AX: (%55) J25-1979 SUITE 1311 DELAWARECORPORATE CENTERI ONH RIGH"fER PARKWAY ti'ILMINGTON. DELAWARE 19x03 1302) 4119-3 5 211 FAX g'i S-J25-1980 Re: LoanCare, a Division of FNF Servicing, Inc. v. James J.. Windemaker and Linda K. Windemaker Cumberland County; CCP; Number 12-3677 Civil Dear James J. Windemaker: Enclosed please fiind a true and correct copy of Complaint in Mortgage Foreclosure, along with a copy of the signed Clyder dated September 1 1, 2012, ~Ihe original of which has been filed against you in regard to the above- captioned matter. Very truly yours, Steven Travascio Legal Assistant for McCabe, Weisberg and Conway, P.C'. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 70121640000092108946 RETURN RECEIPT REQUESTED isi: tc to, This letter may he an attempt to collet! a debt and any inforrnation obtained x'ill be used for Thar purpose- TERRENCE J. McCABE MARL S. W'EISRERG EDWARD D. CONWAY M ARG.4RI:T GAIRO LISA L. \dALLACE LAURA H G. O"SULLIV.4N IANE'L 1. CHARLTON GAYL C. SPIVAK iA50N E. BROOKS ANDRE\4 L. MARKO\4'ITJ M1iICH AEI, T. CA NTRELf. !OSEPH F. RIGA CAROI. ROGERS COHI3 CATHERINE F \41:LIi[R HEIDI R. SPIVAK DIANA C. THEOLOGOL MARISA J COHEV MARK GOI.AB 10-ANN T LAMBERT-O-NEII L ,MELISSA A_ SPOSATO 13121AN T. LaM ANNA f'ORFtIV .M DEMENT INN F SW'AR"fZ 'H ILLIP MAHONI' MATTHEI4' F, RUSSELI. I:I21N M. PRAD7 RICH4RD O'RRILN I.AUR4 T CURB\' ANTC)INETTF. N. MORE KEVIN "f. McQUAIL ALE\ANDRA T (iAR(14 I.11CH.4El. T. ROZEA JONATHAN EI.EFANT LAURA L LA"ITA ABBY K. MOYNII{AN CH RISTINf; L. GRAHAA1 SHEERA G. ENGRISSEI IOSF O. HASBUN JONATHAN POLLACK MAAENN.4 E PORCH RICHARD 1. SUZOR. 1R HEATHER M. W'E1N ER"[ 1"UCAS M. ANDERSON DANIEL F,4NASELLE \ti li.l I AM D. JE.I.M1NI V(~~ Linda K. Windemaker 410 Herman Avenue Lemoyne, Pennsylvania 17043 L.AW OFFICES McCABE., WEISBERG & CONWAY, P.C. SUITE 1400 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 (210 790-1010 FA\ (215) 790-1274 September 28, 2012 SUITE 3113 '_ I r, HADDON A VENUE WESTMONT, N10RIOR IR56)ft5%-7U%(1 FAX (R'6) 85%-7020 SUITE 210 IJ? HUGUENOT STREET VFW ROCHELLE, NY Ifl%01 (Hli)fi3G-891111 I.: EN F RAL FAX (913) 63G-%701 SUITE RfN) -~ 12 MARSHALL AVENUE I AUREL, MD 2117117 [301) 3911-3361 FAX (3(11) 3911-1568 \I~.c scn long the Dislna of Columbia SUITE 2112 3021 UNIVERSITY DRIVE F AIRFAX. VA 22030 (%66) 656-0379 SUITE 111() 3o BUXTON FARMS ROAD S'~'AMFORD. CT [)6905 (2(17) 992-82011 F'AX: (855) 325-1979 SUITE 130 DEI"AWARE CORPORATE CENTERI ONE RIGHTER PARKWAY P:ILMINGTON. DELAWARE 19%03 13112) 10 9-7 5 211 F4X R:i S-{25-1')811 Re: LoanCare, a Division of FNF Servicing, Inc. v. James J. Windemaker and Linda K. Windemaker Cumberland County; CCP; Number 12-3677 Civil Dear Linda K. Windemaker: Enclosed please find a true and correct copy of Complaint in Mortgage Foreclosure, along with a copy of the signed Order dated September 11, 2012, the original of which has been filed against you in regard to the above- captioned matter. Very truly yours, Steven Travascio ' Legal Assistant for McCabe, Weisberg and Conway, P.C. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 70121640000092108953 RETURN RF,CEIPT REQUESTED 1 his is a communication from a deb[ co![eclor. This litter mcry he an atternpt to ro1G~ct a debt and anv information obtained will be a{sed for that purpose. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOiiCitOr O~Y}ll4 of CaLYltlt~pf~,~l r? ~- , crFr.;E Of rr.E ~=Fi~F C r ~~ (~~ ~ ~_~ LoanCare I Case Number James J. Windemaker (et al.) 2012-3677 SHERIFF'S RETURN OF SERVICE 10/03/2012 12:00 PM -Deputy Noah Cline, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure and Notice upon the within named Defendant, to wit: James J. Windemaker, pursuant to Order of Court by "Posting" the premises located at 410 Herman Avenue, Lemoyne Borough, Lemoyne, PA 17043 with a true and correct copy according to law.. J ~~ 1%~ V ~~ NOAH CLINE, DEPUTY 10/03/2012 12:0() PM -Deputy Noah Cline, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure and Notice upon the within named Defendant, to wit: Linda K. Windemaker, pursuant to Order of Court by "Posting" the premises located at 410 Herman Avenue, Lemoyne Borough, Lemoyne, PA 17043 with a true and correct copy according to law. ~~ NOAH CLINE, DEPUTY SHERIFF COST: 972.00 SO ANSWERS,~~~- - October 04, 2012 RONrf R ANDERSON, SHERIFF .~,.-. d' ~' ~ ~,. `! >€ a ~ ,, ~, ~ f ";`' ` ~ ~" ~; ~ ~~~' x *' , ` (c? Ccunty9.ii;e She, iff, 'I r~leosaft, lo:: PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation irl the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed. notice o:r publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL, on the followvlg day(s): October 20, 201.2 COPY OF NOTICE OF PUBLICATION ,~~: Affiant further deposes that he/she is n.ot ` interested in the subject matter of the aforesaid notice or advertisement, and 1:hat all allegations in the foregoing statement as to time, place and character of publication are tr e. _~ ._,~ + Sworn to and subscribed before xne this Zzn~ ~o~z ~., , ~~~~ _ -' ~ Notarv Public My carnmission expires: BflMBI F,[~N fiECK.F~lDOR~! PJotary Pu[;iic CAP,LISLE BOROl1GH, CU(~~1~sERLA~;D CP!1'/ i~4y Commission Expir-~s'~, _ ~_ 201 McCABE, WEISSERG AND CONWAY, P.C. ~ • BY: TERRENCEJ.McCABE;ESDUIRE-iD#116496- Attarp~eyts}orP181nttH MARC S. WE)SBERG, ESQUIRE - {D M176tB EDWARD D.CpNV~IAY,ESQUIRE -IpAt3~Ati87 - AIARGAAET GA1RQ ESOUIfiE - ID;P 34479 128 South 9road Street, Sulte 2080 Phlladelphla. Pennsylvania 19109 {2'15) 790-1010 LoBrrCere, a Division of FNF Servicing, Inc Curntiertand Ccqunty Court of Common Pleas PlainTrfl v. James J. Windemakerand Linda K. Windamaker Defendants Nurpber 10.6205 Civil Term. TO: JAkAES J. WINDEMAKE~i ANDIINDA K. WINDEMAKER ~ .~R ~ x.t TYPE OF ACTION: CIVILiACTFf9MlCOMPLAINT IN M0!AT.fi/41,r8~i#ECLOSU i r f~ -~. - PAEMISE5"Sl18JECT 70 FORECLOSURE: 410 HERMAN FrT~IEl~`t LEMOYME, P NNSVLYANIA 17043 NOTICE r .., , If Yau Vy-BtttQS!@fpnd,.YOU:rpusl enter ayvritten pnpearance pets~r}al)y~~y4~ney~aodtile your d~fer}ses~ objections property aratnet ngnrs importanrco you.:... >_: - -•: x". YOUSHOUt;DT~,A}4ET#tIS=NOTICE.TO YOUAIAWYER AT O E. IF YOU DO NQ~fi~~1LE A LkiAt'~ER, 5Q~I4'Qia TELEPti0D1E Tt1EtJFFIEE SET FORTH BELOW. THI£ Q~~~CAN RRpVIDEaYX1t~S'+RTH fNE?QRMAi'f~3N~ A8OUT'M!@tINGAifiWYER. q~ ~'~ ,. ~ - tF YOU'CA`NNOY AFFt7RD`TO HERE A LAWYER, THiS OFFICE MA'~~iF'ABIE TO PROVIDE YOU.WITH. tNFOR'!~f'~l~tiON ABbIiT AGENCIES THAT MAY OFFER LEGAL=5Ei~14ft ,~S TO EL1O18ftE'PEffiSt167S' 1tT A REDUCEt~ FFE OR NO FEE. - Cumberland-CouMty~ar,~ iqq.;' 2ttberty- vsn C~ ~p~x« ~,~ ~" ,. ", , ~ w PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), 1'. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 5, 2.012 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. ~q ~ f° - `/~is Marie Coyne, F,d~ r 1~/, SWORN TO AND SUBSCRIBED before me this 5 da~of October, 2012 ....-- ---~ Notary ~-~" y '~~~ r~orar3ia~ star. DEBORAhi A GOL~IrdS .era p ~ Nc~t°ry put,liC ~~ CARLI5LE BpRUUi~ti, CUr~~3ERL,'~N~l Gt~UNTY ~rfy ~.,~mrnlssion Expires Apr 2£ ~~14 ~~, '. : - CUMBERLAND LAW JOURNAL NOTICE Cumberland County Bar Association Cumberland County 32 South Bedford Street Court of Common Pleas Carlisle, PA 17013 (800) 990-9108 Number 12-3677 Civil TERRENCE J. McCABE, ESQUIRE, ID # 16496 LoanCare, a Division of MARC S. WEISBERG, FNF Servicing, Inc. ESQUIRE, ID # 17616 Plaintiff EDWARD D. CONVJAY, v. ESQUIRE, ID # 34687 James J. Windernaker and MARGARET CAIRO, Linda K. Windemaker ESQUIRE, ID # 34419 Defendants McCABE, WEISBERG AND CONWAY, P. C. TO: JAMES J. WINDEMAKER AND Attorneys for Plaintiff LINDA K. WINDER~IAKER 123 South Broad Street TYPE OFACTION: CIVIL ACTION/ Suite 1400 COMPLAINT IN MORTGAGE FORE- Philadelphia, PA 19109 CLOSURE. (215) 79G-1010 PREMISES SUE3JE;CT TO FORE- Oct CLOSURE: 410 HERMAN AVENUE, LEMOYNE, PENNSYLVANIA 17043. NOTICE; If you wish to defend, you must enter a written appearance person- ally or by attorney ar~d file your de- fenses or objections iin writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the P1:3intiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION ABOUT HIRING A LAWYER. IF YOU CANNOT' AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE; ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TF[AT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DiJCED FEE OR NO :FEE. 12 LOANCARE, a division of FNF Servicing, Inc., Plaintiff vs. JAMES J. WINDEMAKER and LINDA K. WINDEMAKER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 12-3677 CIVIL IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this ~ ~ day of November, 2012, because of a scheduling conflict in this office, the conciliation conference in this matter set for November 16, 2012, is continued to Friday, December 14, 2012, at 3:00 p.m. in Chambers of the undersigned. BY THE COURT, / Terrence J. McCabe, Esquire For the Plaintiff / Jaime Haley, Esquire For the Defendants ~i~~ ~~ Kevin ess, P. J. ~ ~ c :• ~; -p 3 rn~ rv ~ -+ ~ zm Z ~ o •.c `'~r= -v ~~ ~ x ~ aD rn ~~, ~ ~ - c C'Y X ~ ~ ~'~ p --i N Zy -[ a'' LOANCARE, a division of FNF Servicing, Inc., Plaintiff VS. JAMES J. WINDEMAKER and LINDA K. WINDEMAKER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 12-3677 CIVIL IN RE: CONCILIATION CONFERENCE Present at a conciliation conference held February 20, 2013, were Nathan Wolf, Esquire, local counsel for the plaintiff, and Jaime Haley, Esquire, attorney for the defendants. Mr. Windemaker has recently become re-employed. The bank will require thirty days' worth of his pay stubs in order to complete their review. Other documents may be needed and/or needed to be updated, including information concerning the financial circumstances of Mr. Windemaker's daughter who intends to reside in the residence. The borrower will submit the information within fifteen (15) days. Continued conciliation conference is set by even date herewith. ORDER AND NOW, this ZO` day of February, 2013, continued conciliation conference is set for Wednesday, April 17, 2013, at 4:00 p.m. in Chambers of the undersigned. BY THE COURT, Kevi . Hess, P. J. Nathan C. Wolf, Esquire -:a For the Plaintiff ' Jaime Haley, Esquire ~Y^ For the Defendants :rlm el,,e 5 me • e/ 2 113 'Ole LOANCARE, a division of FNF IN THE COURT OF COMMON PLEAS OF Servicing, Inc., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION—LAW VS. NO. 12-3677 CIVIL JAMES J. WINDEMAKER and LINDA K. WINDEMAKER, Defendants IN RE: CONCILIATION CONFERENCE Present at a conciliation conference held June 21, 2013, were Nathan Wolf, Esquire, local counsel for the plaintiff, and Jaime Haley, Esquire, attorney for the defendants. Unfortunately, a loan modification cannot be accommodated in this case. Paperwork has been provided to the defendants with an eye to facilitating a short sale. In the meantime,the parties are agreeable to the removal of this matter from the conciliation program. ORDER AND NOW,this Z/*' day of June, 2013,this matter is removed from the Cumberland County Mortgage Foreclosure Diversion Program and the stay in this matter is lifted. BY THE COURT, Kevin ess,P. J. Athan C. Wolf,Esquire For the Plaintiff /aime Haley, Esquire C= For the Defendants xim CD C: C-- 7M 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 C HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID#87830 M pqT_: KEVIN T.MCQUAIL,ESQUIRE-ID#307169 rE 0 c CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 o BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 ;;r-c:) C— ': JOSEPH I.FOLLY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 LoanCare,a Division:of FNF Servicing,Inc. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. Number 12-3677 Civil James J. Windemaker and Linda K. Windemaker Defendants ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendants,James J.Windemaker and Linda K. Windemaker,in the,above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure,and assess damages as follows: Principal: $ 150,528.91 Interest from 05/02/1.2 to 07/11/13 $ 11,728.40 Total $ 162,257.31 McCABE, ISBERG AND CONWAY,P.C. BY: j [ ]Terrence J.McCabe,Esq. [ I-Marc S. Weisberg,Esq. Qi [ ]Edward D. Conway,Esq. [ ]Margaret Gairo,Esq. 0 ` [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. 1 'q?U [ ]Marisa J.Cohen,Esq. [ J Kevin T.McQuail,Esq. Ck- [ ] Christine L.Graham,Esq. [ ]Brian T. LaManna,Esq. [ ]Ann E. Swartz,Esq. [ ]Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. [ ]Celine P.DerKrikorian,Esq. O'hL� � Attorneys for Plaintiff AND NOW,this day of. LL ,2013,Judgment is entered in favor of Plaintiff,LoanCare, w , a Division of FNF Servicing,Inc.,and against Defenda s,James J.Windemaker and Linda K.Windemaker,in rem only and not in personam,and damages are assessed in the amount of$ 2,257.31,plus interest and costs. BY THE PRO ONOT 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 MARGARETi GAIRO,ESQUIRE-ID# 34419 ANDREW L.IMARKOWITZ,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 1.FOLEY,ESQUIRE-ID 9314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Streei, Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 LoanCare,a Division'of FNF Servicing,Inc. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. Number 12-3677 Civil James J.Windemakef and Linda K.Windemaker Defendants AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: The undersigned, being duly sworn according to law, deposes and says that the Defendants, James J. Windemaker and Linda K.Windemaker, are not in the Military or Naval Service of the United States or its Allies,or otherwise within the piovisions of the Servicemembers Civil Relief Act, 50 U.S.C. App. §501, et seq.; and that the Defendants,James J.Windemaker and Linda K.Windemaker,are over eighteen(18)years of age,and reside as follows: James J. Windemaker 410 Herman Avenue Lemoyne,Pennsylvania 17043 Linda K.Windemaker; 410 Herman Avenue Lemoyne,Pennsylvania 17043 McCABE,WEISBERG AND CONWAY,P.C. SWORN AND SUBSCRIBED BY: BEFORE ME THIS ' DAY [ ]Terrence J.M Cabe,Esq. HItigaret c S. Weis erg,Esq. [ ]Edward D.Conway,Esq. Gairo,Esq. OF '2013 [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. (IQ Q6 [ ]Marisa J.Cohen,Esq. [ ]Kevin T.McQuail,Esq. [ ]Christine L.Graham,Esq. [ ]Brian T.LaManna,Esq. NOTARY PUBLIC [ ]Ann E. Swartz,Esq. [ ]Joseph F.Riga, Esq. "' ''" [ ]Joseph 1.Foley,Esq. [ ] Celine P.DerKrikorian,Esq. COMMONWEALTH OF PENNSYLVANIA Attorneys for Plaintiff NOTARIAL 'SEAL, Chelsea Anne Nixon-Notary Public City of Philadelphia,Philadelphia County MY COMMISSION EXPIRES JULY 21,2015 l i Department Of Defense:Manpower Data Center Results as of:Jui-ts-20t307:37:07 SCRA 3.0 n. d� �..f.- ..YM� .tom• . 1 if =1 tpolt" iGAII'Relidf Ad: Last Name: WINDEMAKER First Name: JAMES Middle Name: Active Duty Status As Of: Jul-15-2013 i On Active Duty On Active Duty Status Date Active Duty Start Date - Active Duty End Date - Status Service Component NA i NA d nt". .w.w"'P*,►�;. N,o.%, -. NA This response refiectstheandrvlduais actrvataQ{ws based.on theAefive0uty=Status Date 1��' n'�' � x�t 94�'�•' #. !� � si. ,emu�� Left Active Duty Within 367 Days of Active Duty Status Date - - Active Duty Start Date ActivejDpury.End Date �y Status Service Component NA IN ,+�. N `a*`� ,t�L NA This response reflects wharA;�iheyyndiNdual let?aciiveduty-sfatus.vrithin 3671 days preceding the Acfive Dufy Status Date The Member or His/Her Unit Was Notified are Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA This response reflects whottrer_thedndi�5Cua1 o"i•hislher_unihhas received early,no{Ification toraport for active duty Upon searching the data banks of the Department of Defense Manpower=Data_Genter;b seda o> information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,III Public Health,and Coast Guard). This status include's information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 i i The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 at seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:hftp://www.defenselink.mil/faq/pis/PC09SLDR.html. if you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the,Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are;not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not- actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. i Certificate ID: Z3EB376CP09CFDO i i Results as of:Jul-15-2013 07:36:22 Department of Defense,Manpower Data Center SCRA 3,0 T. t Sta ;Rbport a. t tt� olrls fief Act,. �' Last Name: WINDEMAKER First Name: LINDA Middle Name: K Active Duty Status As Of: Jul-15-2013 On Active Duty On Active Duty Status Dale Active Duty Start Date Active Duty End Date Status Service Component NA No, NA 1 ,-'a.- ' 'r4=p Nr,'':+w` � (-:9 a'�.. '� This response retleds,thendividualsy active d�ly4stetus bas9d_on the AdfveDuly.Status Date Left Active Duty Within 367 Days of Active bury status Date Active Duty Start Date Act'ive�Duty End Date Status Service Component NA1: NA M's., y' '1kr-. r+,,t This response reflects ivh(tra.the inddual Taft adWe�titus�wiwhm,§l;tlays precedutg,th9aAdne Duty Status Date ' r � 1. The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA ,WA" �' :t2w�-�..._- NOm, NA ' This response reflects whethem '�: for active duty Upon searching the data banks oftthe Department of Defense Manpower-D`ata�Center,-- iti sed on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO,NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL, no Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 I E 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 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 LoanCare,a Division of FNF Servicing,Inc. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. Number 12-3677 Civil James J. Windemaker and Linda K.Windemaker Defendants AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANTS COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: 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 addresses of the Defendants are: James J.Windemaker 410 Herman Avenue Lemoyne,Pennsylvania 17043 Linda K.Windemaker 410 Herman Avenue Lemoyne,Pennsylvania 17043 MCCABE, EISBERG AND C NWAY,P. - SWORN AND SUBSCRIBED BY: BEFORE ME THIS ! l5 DAY [ ]Terrence J.McCabe,Esq. [ arc S.Weisberg,Esq. [ ]Edward D. Conway,Esq. [ ]Margaret Gairo,Esq. OF ,2013 [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak, Esq. [ ]Marisa J.Cohen,Esq. [ ]Kevin T.McQuail,Esq. [ ]Christine L.Graham,Esq. [ ]Brian T.LaManna,Esq. NOTARY PUBLIC [ ]Ann E. Swartz,Esq. [ ]Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. [ ]Celine P.DerKrikorian,Esq. wiLi WEALTH OF PENNSYLVANIA Attorneys for Plaintiff NOTARIAL SEAL Chelsea Anne Nixon-Notary Public City of Philadelphia,Philadelphia County dY COMMISSION EXPII,ES JULY 21,2015 I 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 LoanCare,a Divisioniof FNF Servicing,Inc. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS i v. Number 12-3677 Civil James J.Windemakei,and Linda K. Windemaker I Defendants i CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff,being duly sworn according to law,deposes i and says that a letter was deposited in the United States Mail notifying the Defendants that j udgment would be entered against them within ten(10)days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. Copies of said letters are attached hereto and marked as Exhibit"A". i McCABE,WEISBERG AND CO AY,P.C. SWORN AND SUBSCRIBED I BY: BEFORE ME THIS t DAY [ ]Terrence J.McCabe,Esq. [ rMarc S. Weisberg,Esq. [ ]Edward D. Conway,Esq. [ ]Margaret Gairo,Esq. .OF ,2013 [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak, Esq. [ ]Marisa J.Cohen,Esq. [ ]Kevin T.McQuail,Esq. [ ] Christine L.Graham,Esq. [ ]Brian T.LaManna,Esq. NO ARY PUBLIC I [ ]Ann E. Swartz,Esq. [ ]Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. [ ] Celine P.DerKrikorian,Esq. Attorneys for Plaintiff COMMONWEALTH OF(PENNSYLVANIA Chelsea Anne Nixon!-Notary Public City of Philadelphia,Philadelphia County MY COMMISSION EXPIRES JUL."21,2015 I i VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative,who is out of jurisdiction and not available to sign this verification at this time,are true and correct to the best of his/her knowledge,information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE,WEISBERG AND CONWAY,P.C. BY: [ ]Terrence J.Mc abe,Esq. arc S.Weisberg,Es . f [ ]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 LoanCare,a Division of FNF Servicing,Inc.v.James J.Windemaker and Linda K.Windemaker Cumberland County;Number: 12-3677 Civil OFFICE.OF THE PROTHONOTARY, CO`UT T OF'COMMON PLEAS Cu,m : hC ilvl7( I3 berla> d Qoirf. Courto ri y Curt�oi�g ' E.i�otlitiriotaY`y jizly J 2013 h rat0. Wi"nde:maker 41`()-T�3erarran Avenue ' T ciiicivne,;°I'ciiiaSylvaii'ia 1704-3 Loaf Care, a:I3ivXjbo,-of FNF'Sery c ng,Int, 'Cumberland County vs. 'Court`of Comm'oti Ploas I=es":T: Wjoderrraker Linda K. Wifidemakdr N-timber 1.2-3"677 Civil N�TIC-YU S ANT TO"Ut,'.251-S :NOTICE OF INTIINT'ION TC3 ItIIJE' I'RAECIPE TO EN It JUDGMENT BY DEFAULT' IMPORTANT NOT NOTIVICACION IMPORTANTE 'YOB}AFv,IN J)EFAULT BECAUSE YOU A- WE'F'A,ILED'TO'I NTER:•A .0STED SE i•:NCUENT'RA FN Es"1"AI)0 DE RI:BELRIA POR NO HAIiCFt, WRI'TT'ENAPPEA'RANGE,PLRSONAII.Y,OR.BY"ATTORT<EY.AND111TSIN PRLSFNT,ADO 'U'NA COMPARECENCIA 'ESCRIT'A, YA. SEA. . WRITING WITH'THE COURT YOUR,"DEFENSES'OROBJECTI.ONS'TOTHE PERSONAumENTCOPORABOGADOY PORNO HABER!RADICADOPOR CLAIMS SET'FORTH;AGAINST"YOU..UNLESS YOU ACT WITIIIN TEN.{;10} ISSCRIMCON Me TRIBUNAL SUS DEPENSAS U OBJECIONC,;S A•LCJS DAYS"FROM THE DATE CIF,mtS NQTI(Ej AJUDGMENT MAYBE ENTERED RECLAMOS'FORMULADOS EN CONTRA SUMO. AL NO TOMAR UA AGAINSTYQU;WITHOUTAIFEARINGANDY.OUih7AYL;OSI YOUR;PROPLRTY AMON DEBIDA-riEN"fRO DE DI (10}DI D61.A PECIiA D'Ii'ESTA' OR QTHF#;FIv3Y0RTANrRIGIITS.E . ' DE NOTICftGIOV I . TRIBUNAL PO)2A, SIN NECESIDAO, `YOtI�I�iOULD"fAhL-TWtS�PiU?ER'tOYt)t1.ft,LA.WYrR>r\T!ONCE. 71.Y,OU COMPA121 GL'R:US.i,f.D EN CORTI; U Oiit PREUI3A ALGUNA,DECCAR UU NO;1 HAUL IA-LA W YElt3 UtJ T O()k 7 LLGPFIONI T HF OI I ICI:vET F 0127 FI SL'iJTCNCIA r.N:SU,`GONTRA Y US'I'Ei)PODRIA PERDER BIENFS'1J,07'ROS BEIAtiV ' H1S OFrlCi3'ftll 1,i�R{)Y1DC YOIi'W17 FI.FNrI3RMA1,J"ON_AP A) ]3EELFCI-IOS impgRTItiNT'E5. HIRINGA:LAWYER, CISf l3 jj .DEBT? 'i'OMAR L'S'fE PAPEL A SU ABOGADO Ir:vouC NNO AHORDT0131R `A'LtIVJYDf2 THISCIFIICI MAY:f3I AELE INK4L"DIATAiViENTC. $1 USI'ED NO 'I'IGNI's A UN ABOGADO,'VA A O TQPI2OVIDEY01711'IliiIt3FORMA'ITCN.ABOUT)IGLNGI Sfii ACMi YbiiIrktt TL'LEiTON 'A'.LA.Oi'JCINA EXPIJSO ABAJO. EST'A OFICINA LO:P.UEDE LEGAL"SERQ.IGES;rO ELiG16LE:PJ ftSONS Al A;RI DU, Gb FCC Oi�`;1`O ECG: 1?ROI?ORCIQNnItQN INFORS4At i(JN ACERCA DE EMPLEAR.A .UN A'BOOADO. Cumbal-wi23 Goutfty�:l3ar Associa h. SI USTCDNO PUEDEPIZOIIORCIONAR PARA EMP.1 EAR UN AEoGAbo, 32 South f3edfof2l Slrc_el E$TA OrIC1NA I UEDI: SI.R CAPA% DE PROPORCIONARI:O 'CON' Cai`lislc,l'eilnsylVania 170°13 1NI•'ORMACI6N'AGGRCADELASAGENCIASQUEPumsNof tWER.LOS SERYIG{Os urGm.T"S A PMSONAS F_I.r.omLL•s EN uN 146NORAkJO REDUCIDO'NI NINGUN IIONORARIO. Cumberfan&C6tihty"13ar Associoition 32 South'130fm d:Street Carlis]e;;Peitnsy,l'vania 17013 '(840.).-9 =9IttA IVScCtAI3E,WE...." N V N, 1 `d3Y.': j. j Terr tic A ,....;squire [ j,:Maic S: WciSberg, Esquire j Edward D. ni y,Esquire [ ]`Margaret Gairo,Esquire j j.Aildrew,L. ­arkowitz„"Esquirc [ .]1-leidi..R..Spivak,Esquire [ j ftr�al..C61ien,.E"5g►ii.rle worsiacphT.Aiga," in T`..'MC00il, Esquire [ ]-Clu lSone L Graham;EsgOn'e n T I�aManna,lsquire j'„Ann Fi..Swar12,b5gdlre Esquire [. J:Josepft.'I f?oley,;Lsqulre A%0,0Teys:for Plaiirti`fi 'A r ���-� 0FF1QEE Or T1.4t.P..ROTHONOTARY COCTRT or7t COiv1MON:PLEAS. Cuitabe><`I-A Coumty`Courthous'e, CArl sle,l'enn< ylyania 1.7013 Clu:rt t6t,- Pi.of1honotary J4y.17,201.3 To: I i:iida. .V+hhdeirlakiaf, 4;1:.0'berm art,Averl>z e LembyIle,;;Penrlsylva1iia 1704'3 Loa:nCuo,a Divistorl.pfFNF'Serv.icin9.,7tic. Ciznibeflatid Coltrlty vs. Couitof Ci:ilriiiao'ri Pleas James�. VJ1��denalcer: i:iida K.: Jariclem kex 'Number 1.2-8677 Civil. I NOTICE 13UlZSU`ANT`TO NOTICE'F,TNTtNT10N�TO EILt 'PRAEC1(PE, TO;E,NTER JIUDGM ENT l3Y DEFAULT JNtPO9T., NT'NO TME NOTIVICACION 1MPORTAINTt YOU ARE-JN DEFAULT DECASE.YOU'l CAVE fAILED-TO ENTER.A 'LISTED SE ENCUI-1NrRA EN IiS'l ADO DE REIMELDIA P,0R.NQBABER t WRITS}t N APPGARANCE;E?ERSON'iCLLY OR.;t3lf ATTORNLI .AND fiLL IN' PRJ`SGIVfA1}p U.NA COMPARECENCIA ESCRITA, YA, SEA WRLTING WITH,.T.NC COURT YOUR,DCFENSES OR OI3JEC'1 IONS`TO THE; PCRSQNnLMrNyEC,.POR A130GADO Y POR NO HABER RADICADO.POR CLA1f JS`S>r 1ORTEi.A`GAfNS°i YOU;,L1N1;13SS YOU'AGT•Wi"rli]N TEN.{10): EisgzrrO':CON;Es'1'E TRIBUNAL SUS DEFENSAS U OBJECIONES iA LOS DAYSFRaiMT}31:i3AICOF?.7tiiSNOiiCI sAJUDGMCN7,tyfAY$E,EN1CRbiSI .RECIAM05;FORMULADOS EN CON'T'RA SUYO. AL'NO TOM'AR-.I.'A. AGAINST YOUVVITH$�U7,A.)ILARINGANn1,0UMA1 LOSfr10URP,R01 LRTY ,ACCION DEDIDA DRNTRO Di DIET(IO)DIAS DE LA I'ECIIA DE'ESTA, OROTIJERIMPORIANTrR1CxJiTS. N6pr.dACION, rL 'TRIBUNAL PODRA, .SIN NECCS16AID DE'. YOU Sii0tlf,D TAM G 1't 1iS PA1',E}t<T0.1:0,C1R LAVI+I'ER,AT,ONCE:.3F'YOU 'COMPARECER USTrD EN COR"m U 01R PREUBA ALGUNA,DICTjNR DpNO"h;HAVI,A';I:hW\f_R.(i(7fO;OR"'I;1 fLf?I10NI:THR,OI�IIGGS`C7;[(�,R�'I' 'SENT.E NGIAINSUCON`fRAYIJS"I'II)1'ODRIAPERIJERG3IENESU'OTROS nEI1V. 1JtiSiOF1JGE:CATIT'ROVIJ3E IOtJ WISJi.INfORMAT;ION-AI30i)'I ;DER13CiiOS]Jv1PO177ANIZS, 1JIRING A UAWY.ER: tISTEU 'LE ,DEuc TOMAR ESTE PAPEL A. SU ABOGADO. r.y OUCANN6T:AIP6RDTCSHIRE:AIAWY.EIt;'9JIISOIFICCMAY'BEABI.L 1NMEDIArAmrNJ . STD NO T117NE A UN ABOGADO, VA,,A.0 SOOWTHIRWT0IBOUT%' FCfr:'§ lk'7.MA' brP JQ6NtAA A OfICINA EX1 AJO. ESTA OFICINA LO:'PUFDF 11IOPROVI 1 LEGALSERVI:CES.TOELIGIQLEPERSONSATaA kriDUCrb-FL•EOR-NOrEf.; PROPORG'IONAR,,4'ON INrORNIACI(,)N ACERCA D'E EIMPLLAR A UN ABOGADO: Cumberland County 73ar Association. SI'USTi.b 4O.PUEOF.I'IZOI'OltCIONAIZ i'ARA J:MP-LEAR UN ABOGADO,, 318.o h Bedford Street. - "ES'I'A,.bfft-NA ';POEDI? SER CAPAZ DE PROPORCIONARLO CON ,Car lisle,,1'c(uisytvafiia_k7.01'3 i JNFQRMAci6 K'ACCIZCAD'ELASA GIiN(-aASO.UEPUET)ENOfRECERLOs 8tit})94U 91t1s SERVICIOS 1EGAM-S A PERSONA!; ELEGIBLES L-N UN 1 0NORARJO RrDLJCI0O.NI NINGUN.410NORARIO, Cuniberlan'if County Bar Association °32•Sbutyr,Bcdford Strccl C rlisle;:f?ehnsylyania 17013 (800)930-q voi' MV CABS;WElrsa AND i BY.:; .jTerreriee J..' abe ire S.'t?Jeisberg,Esquire Ed0r.d D, Conway; squire j ]'M'aigarer.Cairo,Esquire j I Andrew L,,M*kowJfz,Esquire [ .]BBidT R.tSp vak,Esquire [ ]Marisa'J: Cohen„Csquire [ ]:KevmT.'McQuail, Esquire 1 ]cblist ne L..Ctrahamn "squire ; Jtan 1':'UManna,EsCILlire Ann F;.,,SWarU� Esquire [ ]Josep.h,,F.:R:ip,Esquire �ifitorrieysJ'or°.l',ta'illtiff' - Al OFFICE OF THE PROTHONOTARY. COURT OF COMMON PLEAS I Cumberland County Courthouse Carlisle,Pennsylvania 17013 i i Prothonotary To: Linda K.Windemaker 410 Herman Avenue Lemoyne,Pennsylvania 17043 LoanCare,a Division of FNF Servicing,Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff V. No. 12-3677 Civil I James J.Windemaker and Linda K.Windemaker Defendants i NOTICE Pursuant to Rule 236,you are hereby notified that a JUDGME as beftvaitercOTMe above proc e g i as indicated below. ea! Proffopet i X Judgment by Default I Money Judgment Judgment in Replevin I Judgment for Possession If you have any questions concerning this Judgment,please call McCabe Weisberg and Conway, P.C.at(215)790-10101 i i I i i i i i I OFFICE OF THE PROTHONOTARY s COURT OF'COMMON PLEAS Cumberland County Courthouse i Carlisle,Pennsylvania 17013 Prothonotary To: James J.Wmdemaker 410 Herman Avenue Lemoyne,Pennsylvania 17043 LoanCare,a Division of FNF Servicing,Inc. COURT OF COMMON PLEAS j CUMBERLAND COUNTY Plaintiff I V. No. 12-3677 Civil James J.Windemaker and Linda K. Windemaker Defendants { NOTICE Pursuant to Rule 236,you are hereby notified that a JUDGMENT been red i bove proceed' g as indicated below. Prothor�stary X Judgment by Default f 2 Money Judgment JudgI ent in Replevin Judgment for Possession If you have any questi ins concerning this Judgment,please call McCabe Weisberg and Conway, P.C.at(215)790-1010. i i 3 JIi I 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 c'-) t ,, MARISA J.COHEN,ESQUIRE-ID#87830 co KEVIN T.McQUAIL,ESQUIRE-ID#307169 - CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 c°" BRIAN T.LaMANNA,ESQUIRE-ID#310321 Nt 123 South Broad Street,Suite1400 ,M ' Philadelphia,Pennsylvania 19109 '{ ? (215)790-1010 CUMBERLAND COUNTY LoanCare,a Division of FNF Servicing,Inc. COURT OF COMMON PLEAS Plaintiff V. Number 12-3677 James J.Windemaker and Linda K.Windemaker Defendant PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly vacate Default Judgment which was entered in the above captioned matter on July 16,2013 against Linda K. Windemaker(ONLY). This judgment is to vacate without prejudice to plaintiff s rights. Dated: 3 McCabe,Weisberg and Conway,P.C. [ I Terrence J.McCabe,Esq. [ ]Marc S.Weisberg,Esq. [ J 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. [ eline P.DerKrikorian,Esq. Attorneys for Plaintiff tie r i9 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 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 COUNTY LoanCare, a Division of FNF Servicing,Inc. COURT OF COMMON PLEAS Plaintiff V. Number James J. Windemaker and Linda K. Windemaker Defendant CERTIFICATE OF SERVICE The undersigned,attorney for Plaintiff,hereby certify that a true and correct copies of the within Praecipe to Vacate Judgment was served on the below parties on the 29`h of July 2013 by the United States mail,first class: James J. Windemaker 410 Herman Avenue Lemoyne,Pennsylvania 17043 Dated: ` 3 McCabe,Weisberg and Conway,P.C. BY: ,��t� ;�° �Ad 1�'/I Criy [ ] Terrence J.McCabe,Esq. [ ]Marc S.Weisberg,Esq. [ J Edward D.Conway,Esq. [ ]Margaret Gairo,Esq. [ )Andrew L.Markowitz,Esq. [ ]Heidi R.Spivak,Esq. [ J Marisa J.Cohen,Esq. [ ]Kevin T.McQuail,Esq. [ ] Christine L.Graham,Esq. [ ] Brian T.LaManna,Esq. [ ]Ann E. Swartz,Esq. [ J Joseph F.Riga,Esq. [ ]Joseph I. Foley,Esq. eline P.DerKrikorian,Esq. Attorneys for Plaintiff I` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION FILE NO,: 12-3677 Civil Term LoanCare, a Division of FNF Servicing, Inc. V. AMOUNT DUE: $162,257.31 James J. Windemaker INTEREST: from 07/12/13 $3,893.82 at$26.67 U,)r— C� Ca ATTY'S COMM.: CD COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale,contract,or account based on a confession of judgment,but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended;and for real property pursuant to Act 6 of 1974 as amended, PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County,for debt,interest and costs upon the following described property of the defendant(s) 410 Herman Avenue,Lemoyne,Pennsylvania 17043 (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: 1 BY: Terrence J.McCabe,Esq. r ]Marc S.Weisberg,Esq. P d- [ ]Margaret Gairo,Esq, Edward D.Conway,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 1.Foley,Esq. V1 Celine P. DerKrikorian,Esq. Attorneys for Plaintiff /I--, Firm:MCCABE,WEISBERG AND CONWAY 'q'71,06 Address:123 S. Broad Street, Suite 1400 Philadelphia,PA 19109 516 3,-7 Attorney for:Plaintiff Telephone: (215)790 1010 7! Supreme Court ID No. S 0 it f i 0 0 du6ffl s-b D u-t ILL LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Lemoyne in the County of Cumberland and Commonwealth of Pennsylvania,more particularly bounded and described according to a survey made by Gerrit J. Betz,Registered Surveyor,.dated August 29, 1977, as follows, to wit: BEGINNING at a point on the Southern side of Herman Avenue, said point being 75feet West of the Southwest corner of the intersection of Herman Avenue and Cranberry Street; Thence along the Western line of Lot No. 54 Block"C" on the hereinafter mentioned Plan of Lots, South 29 degrees East 150 feet to a point in the Northern side of Plum Alley; Thence along the Northern side of Plum Alley, South 61 degrees West 17.50 feet to a point in the center line of Lot No. 53, Block "C"on the hereinafter mentioned Plan of Lots; Thence along the center lien of Lot No. 52, Block "C"aforesaid, thru the center of the partition wall dividing properties known as 410 and 412 Herman Avenue and beyond North 29 degrees West 150 feet to a point in the Southern side of Herman Avenue; Thence along the Southern side of Herman Avenue,North 61 degrees East 17.50 feet to a point,the Place of BEGINNING. BEING the Eastern one-half of Lot No. 53, Block"C", on a Plan of Lots Known as Plan No. 1, Riverton, Recorded in Deed Book J, Volume, page 40. HAVING THEREON ERECTED a 21h story frame dwelling known and numbered as 410 Herman Avenue, Lemoyne, Pennsylvania. UNDER AND SUBJECT,NEVERTHELESS, to the same conditions, restrictions, exceptions and reservations as exist by virtue of prior recorded instruments, deeds and conveyances. 410 Herman Avenue,Lemoyne,Pennsylvania 17043. BEING the same premises which DANIEL C.BROWN by deed dated May 31,2007 and recorded June 7,2007 in the office of the Recorder in and for Cumberland County in Deed Book 280,Page 1802,granted and conveyed to James J. Windemaker and Linda K.Windemaker,Husband and Wife. AND the said Linda K.Windemaker departed this life on December 24,2012;thus vesting sole title to James Windemaker,by operation of law. TAX MAP PARCEL NUMBER: 12220822133 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 I CHRISTINE L.GRAHAM,ESQUIRE- D#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 = EH-1 ANN E.SWARTZ,ESQUIRE-ID#201926 rte, zu iii r FI JOSEPH F.RIGA,ESQUIRE-ID#57716 r-n JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID 4 313673 co rn� 123 South Broad Street,Suite 1.400 -7:7 Philadelphia,Pennsylvania 19109 =C=s 'C-D (215)790-1010 . LoanCare,a Division of FNF Servicing,Inc. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff ' V. NO: 12-3677 James J.Windemaker Defendants 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:410 Herman Avenue,Lemoyne,Pennsylvania 17043,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 Owners or Reputed Owners Name Address James J.,Windemaker 410 Herman Avenue Lemoyne,Pennsylvania 17043 2. Name and address of Defendants in the judgment: Name Address James J.Windemaker 410 Herman Avenue Lemoyne,Pennsylvania 17043 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 ACC LLC P.O.Box 264 Taylor,Pennsylvania 18517 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 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 410 Herman Avenue Lemoyne,Pennsylvania 17043 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 Jaime Haley,Esquire Jaime Haley,Esquire 401 E.Louther Street Suite 103 Carlisle,Pennsylvania 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. BY: Terrence J.McCabe,Esq. Marc S.Weisberg,Esq. 64TE 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 Jpseph F.Riga,Esq. Joseph I.Foley,Esq. [AXeline P.DerKrikorian,Esq. Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract or.parcel of land and premises, situate, lying and being in the Borough of Lemoyne in the County of Cumberland and Commonwealth of Pennsylvania,more particularly bounded and described according to a survey made by Gerrit J. Betz, Registered Surveyor,,dated August 29, 1977, as follows,to wit: BEGINNING at a point on the Southern side of Herman Avenue, said point being 75feet West of the Southwest corner of the intersection of Herman Avenue and Cranberry Street; Thence along the Western line of Lot No. 54 Block"C"on the hereinafter mentioned Plan of Lots, South 29 degrees East 150 feet to a point in the Northern side of Plum Alley; Thence along the Northern side of Plum Alley, South 61 degrees West 17.50 feet to a point in the center line of Lot No. 53, Block"C"on the hereinafter mentioned Plan of Lots; Thence along the center lien of Lot No. 52, Block"C" aforesaid, thru the center of the partition wall dividing properties known as 410 and 412 Herman Avenue and beyond North 29 degrees West 150 feet to a point in the Southern side of Herman Avenue; Thence along the Southern side of Herman Avenue,North 61 degrees East 17.50 feet to a point, the Place of BEGINNING. BEING the Eastern one-half of Lot No. 53, Block"C", on a Plan of Lots Known as Plan No. 1, Riverton, Recorded in Deed Book J,Volume, page 40. HAVING THEREON ERECTED a 2 'l2 story frame dwelling known and numbered as 410 Herman Avenue, Lemoyne,Pennsylvania. UNDER AND SUBJECT,NEVERTHELESS, to the same conditions,restrictions, exceptions and reservations as exist by virtue of prior recorded instruments, deeds and conveyances. 410 Herman Avenue,Lemoyne,Pennsylvania 17043. BEING the same premises which DANIEL C.BROWN by deed dated May 31,2007 and recorded June 7,2007 in the office of the Recorder in and for Cumberland County in Deed Book 280,Page 1802,granted and conveyed to James J. Windemaker and Linda K. Windemaker,Husband and Wife. AND the said Linda K. Windemaker departed this life on December 24,2012;thus vesting sole title to James Windemaker,by operation of law. TAX MAP PARCEL NUMBER: 12220822139 Tw. . �'. • r 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 1.FOLEY,ESQUIRE ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 + t Philadelphia,Pennsylvania 1.9109 (215)790-1010 �. w CIVIL ACTION LAW 'in M i " • ��.x "tea -r�r; LoanCare,a Division of FNF Servicing,Inc. COURT.•OF COMMON PLEAS z, - C:)-n V. CUMBERLAND COUNTY 7>n c- - James J.Windemaker # Number 12-3677' -- NOTICE OF SHERIFF'S SALE OF REAL PROPERTY. - To: James J. Windemaker 41.0 Herman Avenue Lemoyne,Pennsylvania 17043 ' Your-house(real estate)at 410 Herman Avenue,Lemoyne,.Pennsylvania:17043 is,scheduled to be.sold at Sheriffs Sale on December 4,2013 at 10:00 a.m. in the-Commissioner's Hearing Rooi located on the Ind Floor of the Cumberland County Courthouse, 1 Courthouse Square,Carlisle,Pennsylvania 17013 to enforce the court judgment of$162,257.31 obtained by LoanCare,,a Division of FNF Servicing,Inc.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 LoanCare,a Division of FNF Servicing,Inc.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 Redford Street Carlisle,Pennsylvania 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990.9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Lemoyne in the County of Cumberland and Commonwealth of Pennsylvania,more particularly bounded and described according to a survey made by Gerrit J. Betz, Registered Surveyor,,dated August 29, 1977, as follows, to wit: BEGINNING at a point on the Southern side of Herman Avenue, said point being 75feet West of the Southwest comer of the intersection of Herman Avenue and Cranberry Street; Thence along the Western line of Lot No. 54 Block"C" on the hereinafter mentioned Plan of Lots, South 29 degrees East 150 feet to a point in the Northern side of Plum Alley; Thence along the Northern side of Plum Alley, South 61 degrees West 17.50 feet to a point in the center line of Lot No. 53, Block"C"on the hereinafter mentioned Plan of Lots; Thence along the center lien of Lot No. 52, Block"C" aforesaid, thru the center of the partition wall dividing properties known as 410 and 412 Herman Avenue and beyond North 29 degrees West 150 feet to a point in the Southern side of Herman Avenue; Thence along the Southern side of Herman Avenue,North 61 degrees East 17.50 feet to a point, the Place of BEGINNING. BEING the Eastern one-half of Lot No. 53, Block"C", on a Plan of Lots Known as Plan No. 1, Riverton,Recorded in Deed Book J, Volume, page 40. HAVING THEREON ERECTED a 2 312 story frame dwelling known and numbered as 410 Herman Avenue,Lemoyne, Pennsylvania. UNDER AND SUBJECT,NEVERTHELESS, to the same conditions, restrictions, exceptions and reservations as exist by virtue of prior recorded instruments, deeds and conveyances. - 410 Herman Avenue,Lemoyne,Pennsylvania 17043. BEING the same premises which DANIEL C.BROWN by deed dated May 31,2007 and recorded June 7,2007 in the office of the Recorder in and for Cumberland County in Deed Book 280,Page 1802,granted and conveyed to James J.Windemaker and Linda K.Windemaker,Husband and Wife. AND the said Linda K.Windemaker departed this life on December 24,2012;thus vesting sole title to James Windemaker,by operation of law. TAX MAP PARCEL NUMBER: 12220822139 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 12-3677 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due LOANCARE,A DIVISION OF FNF SERVICING,INC. Plaintiff(s) From JAMES J.WINDEMAKER (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$162,257.31 Plaintiff Paid$ Interest FROM 07/12/13 $3,893.82 AT$26.67 Attorney's Comm. % Law Library$.50 Attorney Paid$328.00 Due Prothonotary$2.25 Other Costs$ Date:AUGUST 8,2013 David D. Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: CELINE P.DERKRIKORIAN,ESQ. Address:MCCABE,WEISBERG AND CONWAY, 123 S.BROAD STREET,SUITE 1400, PHILADELPHIA,PA 19109 Attorney for:PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 313673 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 C. MARISA J. COHEN, ESQUIRE-ID# 87830 .- c.,.. ,.... CHRISTINE L. GRAHAM, ESQUIRE-ID#309480 "„% %, BRIAN T.LAMANNA,ESQUIRE-ID# 310321 1' ANN E. SWARTZ,ESQUIRE-ID#201926 `'4:l' cam:.%. JOSEPH F. RIGA,ESQUIRE-ID# 57716 .7 f)' ' JOSEPH I. FOLEY,ESQUIRE-ID#314675 17;2) ! T-;; 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 LoanCare,a Division of FNF Servicing,Inc. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff Number 12-3677 v. James J.Windemaker Defendants AFFIDAVIT OF SERVICE The undersigned attorney for the Plaintiff in the within matter,hereby certifies that on the 6th day of January,2014, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s)as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIBED McCABE, W WEISBERG& ONAY,P.C. BEFORE ME THIS G-11-\DAY BY: [ ] Terrence .McCabe,Esquire [ arc S.Weisberg,Esquire OF 3 Gl U cI CV ,2014 [ ]Edward D. Conway,Esquire [ ]Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ] Heidi R. Spivak,Esquire //// [ ]Marisa J.Cohen,Esquire [ ]Christine L.Graham,Esquire (1104,'w�1 S l'P ui t u [ ]Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire NOTARY PUBLIC [ ] Joseph F.Riga,Esquire [ ]Joseph I.Foley,Esquire [ ]Celine P.DerKrikorian,Esquire [ ]Jennifer L. Wunder,Esquire v [ ]Lena Kravets,Esquire co GNWiEN- Hof PEN NOTARIAL SEAL _ n_._ ANDREW S.HUIESr� CilyofPhi :,,: 19,201 C� 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-1D# 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 LoanCare,a Division of FNF Servicing,Inc. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff NO: 12-3677 v. James J. Windemaker Defendants 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 410 Herman Avenue,Lemoyne,Pennsylvania 17043,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 Owners or Reputed Owners Name Address James J. Windemaker 410 Herman Avenue Lemoyne,Pennsylvania 17043 2. Name and address of Defendants in the judgment: Name Address James J.Windemaker 410 Herman Avenue Lemoyne,Pennsylvania 17043 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#61090 Page 1 Plaintiff herein ACC LLC P.O.Box 264 Taylor,Pennsylvania 18517 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 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 410 Herman Avenue Lemoyne,Pennsylvania 17043 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 86 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 File#61090 Page 2 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 Jaime Haley,Esquire 401 E.Louther Street Suite 103 Carlisle,Pennsylvania 17013 File#61090 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 subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. McCABE,WEISBERG & CONWAY,P.C. DATE �J 1� BY: �����/ �l�/L-C / [ ] Terrence J.McCabe,Esquire [ Marc S.Weisberg,Esquire [ ]Edward D.Conway,Esquire [ ]Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ] Heidi R. Spivak,Esquire [ ]Marisa J. Cohen,Esquire [ ]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 Re:LoanCare,a Division of FNF Servicing,Inc.v.James J. Windemaker. et al. 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"q 0 ac r < ..,m H � •t r -IQ b ti.Uj••' yNO �, V]A K fD CQ CjC eD Cop ng° y °a'pa' AD< y "S7C iv co O A w ; ti Co e o o < .9.--y "•d C/)'r Y�fD ■=• y r, fDD C p f 17, b CD ',0` a< W n 0,y ., A y p—C —, y 09 n '.p .1 n'+ b° b C O "I› l''' A e., l r' v 0 0 l 00 b O ar S �'y r' "' fD "w O ^"m c ee 3 „* e 000 O v � � es, = 9 Ii<SD .D N O =� *.,..r tit O ›. C O ,_+ c J o .1.1 C `” "." b o A @ � °� 'd ° ce , V . N- 4 e o . e °e " (0) ° i ft 1 tP:1 2 WD y C D �° ) et Fr C n fo co= ° < � y 00 eD Q D <y P ''' CI'o cn a� oo•�C eD `G :. = fD� � o C g �' VO p•t~ 7 V e C fp ACD N'r eD A by'O fD 0 N'7`7 ,.., Z O O QQ C - G A "'S �i r. RD fP ora r. '= =fro E.TO N y = D N `CD 0" •, 0 "1 O r+ 9 C fD C 0 McCABE,WEISBERG & CONWAY,P.C. Attorneys for Plaintiff BY: Joseph F. Riga, Esq. (PA#57716) 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 Telephone: (215) 790-1010 CUMBERLAND COUNTY COURT OF COMMON PLEAS Loan Care, A Division of FNF Servicing, Inc., Plaintiff, No • 12-3677 v. James J. Windemaker and Linda K. Windemaker, ', Defendants. PLAINTIFF'S MOTION TO REASSESS DAMAGES AND NOW comes the Plaintiff, LoanCare,A Division of FNF Servicing, Inc. (hereinafter "Plaintiff'),by and through its attorneys,McCabe Weisberg&Conway,P.C.,and hereby files this motion to direct the Prothonotary to amend the judgment in this matter, and in support thereof, avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint in mortgage foreclosure on or about June 12, 2012 (hereinafter the "Complaint"). A true and correct copy of the Complaint is attached hereto and marked as Exhibit A. 2. Judgment by default was entered on or about July 16, 2013, in the amount of $162,257.31. A true and correct copy of the Default Judgment is attached hereto and marked as Exhibit B. 3. Pursuant to Pa.R.C.P. 1147(6), a plaintiff must set forth a demand for judgment for a specific amount due. 4. On August 8, 2013, the Plaintiff filed a Writ of Execution, for damages totaling $166,151.13. A true and correct copy of the Writ of Execution is attached hereto as Exhibit C. 5. The sale date has since been postponed to February 5, 2014. 6. After consideration of any payments which have been made since the filing of the Complaint, coupled with additional interest incurred, the judgment amount Plaintiff specified in the Complaint in compliance with Pa.R.C.P. 1147(6), is insufficient to satisfy the amounts due on the Mortgage. 7. Additional sums have been expended or incurred on behalf of James J. Windemaker and Linda K. Windemaker (the "Defendants") in the nature of interest and escrow advances. The Plaintiff states that after appropriate reassessment, the correct amount of damages should reflect the following amounts: Principal Balance $ 125,472.77 INTEREST through 3/1/14 $ 36,841.77 (per diem $26.24) Pro Rata MIP/PMI $ 148.08 Escrow Advance $ 8,055.57 Recording Fees $ 40.50 Accumulated Late Charges $ 624.93 Recoverable Balance $ 4,762.00 REASSESSED TOTAL $ 175,945.62 8. Under both Pennsylvania law and the terms of the Mortgage,Plaintiff is entitled to reassess the judgment to include the amounts expressed above in its judgment against the Defendants. A true and correct copy of the Mortgage is attached hereto and marked as Exhibit D. 9. Plaintiff's foreclosure judgment is strictly in rem and therefore does not impute personal liability to the Defendants. WHEREFORE, Plaintiff respectfully requests that this Court order that the judgment be amended as set forth above and for such other relief as the Court deems necessary. Dated: Philadelphia, PA Respectfully submitted, January 24, 2014 McCABE,WEISBE ' . 5N 'AY, P.C. By: Jose o% ., Counsel for Pl. ntiff McCABE,WEISBERG & CONWAY, P.C. Attorneys for Plaintiff BY: Joseph F. Riga, Esq. (PA#57716) 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 Telephone: (215) 790-1010 CUMBERLAND COUNTY COURT OF COMMON PLEAS Loan Care, A Division of FNF Servicing, Inc., Plaintiff, No.: 12-3677 v. James J. Windemaker and Linda K. Windemaker, Defendants. MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. ISSUE BEFORE THE COURT Question: Should the Court permit Plaintiff, LoanCare, A Division of FNF Servicing, Inc. (hereinafter "Plaintiff'), to amend its judgment in foreclosure in order to adequately reflect and include additional amounts due Plaintiff since the original entry of judgment? Suggested Answer: Yes. II. FACTUAL BACKGROUND Defendants, James J. Windemaker and Linda K. Windemaker (hereinafter"Defendants"), are the owners of real property known as and located at 410 Herman Avenue, Lemonyne, Pennsylvania 17043,(hereinafter"the Property"). Defendants executed a note in favor of Fidelity Home Mortgage Corporation, agreeing to pay principal, interest, late charges, real estate taxes, homeowners insurance and mortgage insurance as such amounts became due. The note was secured by a mortgage lien on the property. The mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1995, Page 0679, (the"Mortgage"). Please see attached Exhibit D. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Home Mortgage Corporation to Government National Mortgage Association, by Assignment of Mortgage, recorded in the Office of the Recorder of Deeds of Cumberland County Instrument Number: 201308721. Please see attached Exhibit E. The aforesaid mortgage was thereafter assigned by Government National Mortgage Association to Loan Care, A Division of FNF Servicing, Inc., by Assignment of Mortgage, recorded in the Office of the Recorder of Deeds of Cumberland County Instrument Number: 201308723. Please see attached Exhibit F. The terms of the Mortgage provide that Plaintiff may, in the instance of a default, advance necessary sums for payment of, including but not limited to,taxes,insurance and other amounts to protect its security interest in the Property. On or about June 12, 2012, Plaintiff initiated the instant mortgage foreclosure action by filing a Complaint in Mortgage Foreclosure (hereinafter the "Complaint"). Default Judgment was entered by the Court on or about July 16, 2013. Since the filing of the Complaint, damages as previously assessed have become outdated and should be adjusted to reflect additional interest, escrow advances and other expenses, which Plaintiff has been forced to pay on Defendants' behalf or which have been otherwise assessed to protect its security interest. III. LEGAL ARGUMENT This Honorable Court should grant Plaintiff's Motion to Reassess Damages because Pennsylvania law specifically provides for the amendment of judgments in mortgage foreclosure actions and because the relief sought will not prejudice Defendants as the judgment is strictly in rem. A. Pennsylvania law specifically provides for the amendment of judgments in mortgage foreclosure actions. Under Pennsylvania law, the Court may exercise its equitable powers to enforce judgment and grant any relief necessary until such judgment is satisfied. See e.g., Chase Home Mortgage Corporation of the Southwest v. Good, 370 Pa. Super. 570, 537 A.2d 22 (Pa. Super. 1988) (damages may be reassessed in a mortgage foreclosure action before the satisfaction of judgment); B.C.Y. v. Bukovich, 257 Pa. Super. 121, 390 A.2d 276 (1978); Stephenson v. Butts, 187 Pa. Super. 55, 59, 142 A.2d 319, 321 (1958) (court may exercise power to control enforcement of judgment and may grant relief until judgment is discharged or satisfied); 20 P.L.E. Judgments § 191. It is well settled law that a creditor in a foreclosure action may amend its judgment before the sheriff sale. See, e.g., Nationsbanc Mortgage Corp. v. Grillo, 2003 Pa. Super 221, 827 A.2d 489 (Pa. Super. 2003), appeal denied, 577 Pa. 673 (Pa. 2004); Morgan Guar. Trust Co. of New York v. Mowl, 705 A.2d 923, 929 (Pa. Super. 1998), appeal denied, 556 Pa. 693, 727 A.2d 1121 (Pa. 1998); Union National Bank of Pittsburgh v. Ciongoli,407 Pa. Super. 171, 177, 595 A.2d 179 (Pa. 1991), appeal dismissed, 529 Pa. 436 (Pa. 1992). Pennsylvania law has recognized that a creditor must protect the collateral for its loan, up until the date of the sheriff sale because a mortgage is not extinguished until the debt is paid. See, e.g., Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826(1939);see also Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. at 177. The Supreme Court of Pennsylvania has specifically held that the debt owed under a mortgage is subject to change (and should, affirmatively, be expected to change) because a creditor must advance monies for various expenses in order to protect its collateral. See e.g., Landau v. Western Pennsylvania National Bank, 445 Pa. 217, 282 A.2d 335 (Pa. 1971). It is particularly important to permit creditors to amend their judgments to reflect property preservation costs due to the in rem nature of a foreclosure judgment. Meco Realty Company v. Burns, 414 Pa. 495, 200 A.2d 869 (1964). The above reasoning is crucial because if a mortgaged property is sold to a third-party at a sheriff sale, the Plaintiff only recovers the amount of its judgment. In the instant case, the original judgment amount no longer adequately reflects the full amount due to Plaintiff under the Mortgage. As a result of Defendant's ongoing failure to tender payments, interest owed to Plaintiff has continued to accrue. The terms of the Mortgage unequivocally and plainly state that Defendants are required to tender payments of principal and interest due on the outstanding debt and the note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. The mortgage also permits the lender to protect its interest by paying real estate taxes and insuring the premises when the borrower fails to do so. These costs to the lender also may be added to its debt. Through its proposed amended judgment figure, Plaintiff is simply asking the Court to enforce the terms of the Mortgage. B. The relief sought will not prejudice Defendant because the foreclosure judgment is in rem. In Pennsylvania, the sole purpose of retaining a judgment in foreclosure is to take the mortgaged property to sheriff sale to satisfy the judgment,interest and costs. An in rem foreclosure judgment imposes no personal liability thereunder against the defendant. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993) (it is well-established that an action in mortgage foreclosure is strictly in rem and thus may not include an in personam action to enforce personal liability); Insilco Corp. v. Rayburn, 374 Pa. Super. 362, 368, 543 A.2d 120, 123 (Pa. Super. 1988);Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978) (the very definition of a mortgage foreclosure action under Rule 1141(a) excludes "an action to enforce a personal liability"); Pa.R.C.P. 1141(a) (an action to foreclose a mortgage upon any estate, leasehold or interest in land shall not include an action to enforce a personal liability). Pennsylvania Rules of Civil Procedure, however, require that a foreclosure judgment specify the amount due to the plaintiff.See Pa.R.C.P. 1147(6). In the event that the property is sold to a third-party purchaser at sheriff sale, the foreclosure judgment should specifically state an accurate monetary value to determine how much money the plaintiff receives from the distribution of funds after sheriff sale. Accordingly, Plaintiff's request to adjust the monetary amount of the judgment will not prejudice Defendants because Plaintiff's judgment remains strictly in rem. See Newtown Village Partnership, 621 A.2d at 1037 (1993); Signal Consumer Discount Company, 390 A.2d at 270; Pa.R.C.P. 1141. IV. CONCLUSION Pennsylvania law explicitly provides for the amendment of foreclosure judgments to accurately reflect the additional accrual of interest and any additional expenditure a creditor makes to preserve its security interest in a mortgaged property leading up to the sheriff sale. Despite specifying a monetary sum, a foreclosure judgment is strictly in rem, and imputes no personal liability on a defendant in a foreclosure action. Accordingly, the amendment of a judgment in foreclosure is both provided for in Pennsylvania law and non-prejudicial to a defendant in a foreclosure action. At all times,Plaintiff has relied on the terms of the Note and Mortgage with the understanding that it would recover the monies it expended to protect and recover its collateral. For all of the foregoing reasons, Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. WHEREFORE, Plaintiff respectfully requests that this Court amend the judgment as requested and for such other relief as the Court deems appropriate. Dated: Philadelphia, PA Respectfully submitted, January 27, 2014 McCABE,WEIS ; . " " s ►. AY, P.C. By: Joseph F :: 'ounsel s r Plaintiff CERTIFICATION OF SERVICE I, Kimberly McCloskey, paralegal to Joseph F. Riga, Esquire, hereby certify that I served or caused to be served, a true and correct copy of the foregoing Motion to Reassess Damages with Supporting Memorandum of Law,by United States Mail,first class,postage prepaid,this 2 ? day of Tko/A,pia , 2014, upon the following: James J. Windemaker 410 Herman Avenue Lemoyne, Pennsylvania 17043 Linda K. Windemaker 410 Herman Avenue Lemoyne, Pennsylvania 17043 DATE: 2 Ait-t/6t '4/ Kimberly Mc( 1 y, Para egal to J seph F. Riga EXHIBIT "A" 1cD FORM 1 L.,oanCare, a Division of FNF Servicing, Inc. IN THE COURT OF COMMON PLEAS OF <�_ Plaintiff CUMBERLAND COUNTY, PENNS'EVANIAM ' vs. -*Fri 1 Jay rp co James a. Windemaker and Linda K. Windemaker Civil r- -GF�; rya Defendants _ ? 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 that 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 subm'tted: l l(c - aid i 47i/1f Date [ ignature of Counsel for laintiff] FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State:_ Zip: Is the property for sale? Yes❑No❑ Listing date: Price$ Realtor Name: Realtor Phone: Borrower Occupied? Yes❑No❑ Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people on household: How long? CO-BORROWER Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people on household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payment Amount$ Included Taxes&Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes❑No❑ If yes,provide names,location of court,case number&attorney: Assets Amount Owed: Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1: Model: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation(automobiles,boats,motorcycles): Model Year: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2"a Mortgage Utilities Car Payment(s) Condo/Neigh.Fees Auto Insurance Med.(not covered) Auto fuel/repairs Other prop.payment Install.Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes❑No 0 If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP)assistance? Yes ❑No❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your deliquency? Yes ❑No❑ If yes,please indicate the status of those negotiations: Please provide the following information, if known,regarding your lender or lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: Phone: I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obiligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: f Proof of income f Past 2 bank statements f Proof of any expected income for the last 45 days • Copy of a current utility bill f Letter explaining reason for delinquency and any supporting documentation(hardship letter) f Listing agreement(if property is currently on the market) 3 r--y �.Ya. r--3 (LJ rn 1,1 -z 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 LoanCare, a Division of FNF Servicing,Inc. Cumberland County 3637 Sentara Way, Suite 303 Court of Common Pleas Virginia Beach,Virginia 23452 Number ' - �� V. James J. Windemaker 410 Merman Avenue Lemoyne,Pennsylvania 17043 and Linda K. Windemaker 410 1-Lerman Avenue Lemoyne,Pennsylvania 17043 COMPLAINT IN MORTGAGE FORECLOSURE File H 465-0010 Page 1 NOTICE AVISO You have been sued in court. If you wish to defend Le han demandado a usted en la corte. Si usted quiere against the claims set forth in the following pages,you defenderse de estas demandas ex-puestas en las paginas must take action within twenty (20) days after this siguientes,usted tiene veinte(20)dias de plazo al partir complaint and notice are served, by entering a written de la fecha de la demanda y la notificacion. Hace falta appearance personally or by attorney and filing in asentar una comparencia escrita o en persona o con un writing with the court your defenses or objections to the abogado y entregar a la corte en forma escrita sus claims set forth against you. You are warned that if you defensas o sus objeciones a las demandas en contra de fail to do so the case may proceed without you and a su persona. Sea avisado que si usted no se defiende,la judgment may be entered against you by the court corte tomara medidas y puede continuar la demanda en without further notice for any money claimed in the contra suya sin previo aviso o notificacion. Ademas,la complaint or for any other claim or relief requested by carte puede decidir a favor del demandante y requiere the plaintiff. You may lose money or property or other que usted cumpla con todas las provisiones de esta rights important to you. demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT USTED LE DEBE TOMAR ESTE PAPEL A HAVE A LAWYER,GO TO OR TELEPHONE THE SUABOGADOINMEDIATAMENTE.SIUSTEDNO OFFICE SET FORTH BELOW. THIS OFFICE CAN TIENE A UN ABOGADO,VA A 0 TELEFONEA LA PROVIDE YOU WITH INFORMATION ABOUT OFICINA EXPUSO ABAJO. ESTA OFICINA LO HIRING A LAWYER. PUEDE PROPORCIONAR CON INFORMATION IF YOU CANNOT AFFORD TO HIRE A ACERCA DE EMPLEAR A UN ABOGADO. LAWYER, THIS OFFICE MAY BE ABLE TO SI USTED NO PUEDE PROPORCIONAR PROVIDE YOU WITH INFORMATION ABOUT PARA EMPLEAR UN ABOGADO,ESTA OFICINA AGENCIES THAT MAY OFFER LEGAL SERVICES PUEDE SER CAPAZ DE PROPORCIONARLO CON TO ELIGIBLE PERSONS AT A REDUCED FEE OR INFORMACION ACERCA DE LAS AGENCIAS NO FEE. QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN Cumberland County Bar Association HONORARIO REDUCIDO NI NINGUN 32 South Bedford Street HONORARIO. Carlisle,Pennsylvania 17013 (800)990-9108 Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 File#465-0010 Page 2 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is LoanCare,a Division of FNF Servicing,.Inc.,duly organized and doing business at the above-captioned address. 2. The Defendant is James J. Windemaker, who is the mortgagor and real owner of the mortgaged property hereinafter described,and his/her last-known address is 410 Herman Avenue,Lemoyne, Pennsylvania 17043. 3. The Defendant is Linda K. Windemaker, who is the mortgagor and real owner of the mortgaged property hereinafter described,and his/her last-known address is 410 Herman Avenue,Lemoyne, Pennsylvania 17043. 4. On May 31,2007,mortgagors made,executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Home Mortgage Corp, a Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1995,Page 0679, such Mortgage being incorporated herein by reference by virtue of Rule 1019(g) Pa. R. C. P. 5. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems,Inc.,as nominee for Fidelity Home Mortgage Corp,a Corporation to LoanCare,a Division of FNF Servicing, Inc., 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 410 Herman Avenue,Lemoyne,Pennsylvania 17043. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due July 1,2010 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. File N 465-0010 Page 3 8. The following amounts are due on the mortgage: Principal Balance $ 125,472.77 Interest through May 1,2012 $ 19,044.76 (Plus $26.90 per diem thereafter) Late Charges $ 624.93 Attorney's Fee $ 1,450.00 Escrow Advance $ 3,395.11 Mortgage Insurance Premiums $ 101.34 Property Inspection Fees $ 440.00 GRAND TOTAL $ 150,528.91 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$150,528.91, together with interest at the rate of$26.90 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. B e� a:////� � [ ] TE • NCE J. McCABE,ESQUIRE [4MARC 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 Pile#465-0010 Page 4 VERIFICATION • The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative,who is out of jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE,WEISBERG AND CONWAY,P.C. BY: . / [ ] TE ' NCE J. McCABE,ESQUIRE [(y]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 LoanCare,a Division of FNF Servicing,Inc.v.James J.Windemaker and Linda K.Windemaker File I/465-0010 Page 5 ' 410, C ALL THAT CERTAIN tact or'parcdl of land'and premises, situate, lying and being in the Borough of Lemoyne in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described according to a survey made by Gerrit J. Betz, Registered Surveyor, dated August 29, 1977, as follows, to wit: BEGINNING at a point on the Southern side of Herman Avenue,said point being 75 feet West of the Southwest corner of the intersection of Herman Avenue and Cranberry Street; Thence along the Western line of Lot No. 54 Block"C"on the hereinafter mentioned Plan of Lots, South 29 degrees East 150 feet to a point in the Northern side of Plum Alley; Thence along the Northern side of Plum Alley, South 61 degrees West 17.50 feet to a point in the center line of Lot No. 53, Block"C"on the hereinafter mentioned Plan of Lots; Thence along the center line of Lot No. 53, Block"C"aforesaid,thru the center of the partition wall dividing properties known as 410 and 412 Herman Avenue and beyond North 29 degrees West 150 feet to a point in the Southern side of Herman Avenue;Thence along the Southern side of Herman Avenue, North 61 degrees East 17.50 feet to a point; the Place of BEGINNING. BEING the Eastern one-half of Lot No. 53, Block"C", on a Plan of Lots known as Plan No. 1, Riverton, Recorded in Deed Book J,Volume 4,page 40. HAVING THEREON ERECTED a 2%story frame dwelling known and numbered as 410 Herman Avenue, Lemoyne, Pennsylvania. • • EXHIBIT "B" McCABE,WEISBERG AND CONWAY,P.C. `"X l V_ 0 BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff OE 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 (.-r =="• CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 �_ BRIAN 1'.LAMANNA,ESQUIRE-'ID#310321 "1.i---,1 -(77-:-. -..' ANN E. SWARTZ,ESQUIRE-ID#201926 •�' {. - �_, JOSEPH F.RIGA,ESQUIRE-ID#57716 cn - ' °' JOSEPH I.FOLEY,ESQUIRE-ID#314675 r c5 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 �`� 123 South Broad Street,Suite 1400 =c.� .• Philadelphia,Pennsylvania 19109 ,A (215 790-1010 LoanCare,a Division of FNF Servicing,Inc. CUMBERLAND COUN'I'Y Plaintiff COURT OF COMMON PLEAS v. Number 12-3677 Civil James J.Windemaker and Linda K. Windemaker Defendants ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendants,James J.Windemaker and Linda K. Windemaker, in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure,and assess damages as follows: Principal $ 150,528.91 Interest from 05/02/12 to 07/11/13 $ 11,728.40 Total $ 162,257.31 McCABE, +ISBEERG AND CONWAY,P.C. BY: .4i't( A e . -'V ' (.--� -- - [ ]Terrence J.McCabe,Esq. [., IG1arc 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. [ ] Joseph F. Riga, Esq. [ ]Joseph I.Foley,Esq. [ ] Celine P.DerKrikorian,Esq. J Attorneys for Plaintiff AND NOW,this_I&day of _ 2013,Judgment is entered in favor of Plaintiff,LoanCare, a Division of FNF Servicing,Inc.,and against Defenda ,James J.Windemaker and Linda K.Windemaker,in rem only and not in personam, and damages are assessed in the amount of$16 57.31,plus interest and costs. BY THE PROTI ONOTA t : 7) titodliop ")/14"-„, „ co) 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 LoanCare,a Division of FNF Servicing,Inc. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS v. Number 12-3677 Civil James J.Windemaker and Linda K.Windemaker Defendants AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: The undersigned, being duly sworn according to law, deposes and says that the Defendants, James J. Windemaker and Linda K.Windemaker, are not in the Military or Naval Service of the United States or its Allies,or otherwise within the provisions of the Servicemembers Civil Relief Act, 50 U.S.C. App. §501, et seq.; and that the Defendants,James J.Windemaker and Linda K.Windemaker,are over eighteen(18)years of age,and reside as follows: James J.Windemaker 410 Herman Avenue Lemoyne,Pennsylvania 17043 Linda K. Windemaker 410 Herman Avenue Lemoyne,Pennsylvania 17043 McCABE,WEISBERG AND CONWAY,P.C. SWORN AND SUBSCRIBED j) BY: ((iQ/L BEFORE ME THIS trj DAY [ ]Terrence J.M Cabe,Esq. arc S. Weis erg,Esq. [ ]Edward D.Conway,Esq. ]Margaret Gairo,Esq. OF 2013 [ ]Andrew L.Markowitz,Esq. [ ]Heidi R.Spivak,Esq. [ ]Marisa J. Cohen,Esq. [ ]Kevin T. McQuail,Esq. • _? [ ]Christine L.Graham,Esq. [ ]Brian T.LaManna,Esq. NOTARY PUBLIC [ ]Ann E. Swartz,Esq. [ ]Joseph F. Riga, Esq. [ ]Joseph I. Foley,Esq. [ ]Celine P. DerKrikorian, Esq. COMMONWEALTH Of PENNSYLVANIA Attorneys for Plaintiff NOTARIAL SEAL Chelsea Anne Nixon.Notary Public City of Philadelphia,Philadelphia County MY COMMISSION EXPIRES JULY 21,2015 Results as of:Jul-15-2013 07:37:07 Department of Defense Manpower Data Center SCRA 3.0 s t , t s Status eport t tr I Pursuant to Servicernernbers Civil Relief Act Last Name: WINDEMAKER First Name: JAMES Middle Name: Active Duty Status As Of: Jul-15-2013 On Active Duty On Active Duty Status Dale Active Duty Start Date Active Duly End Date - Status Service Component NA NA No. NA This response reflects the Individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 387 Days of Active Duty Status Date Active Duty Start Date Active Duty End Data Status Service Component NA NA No NA This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Data The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Data Order Notification End Date Status Service Component NA NA No NA This response reflects whether the Individual or!tether unit has received early notllfceflon to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. 4411atty, Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous Information will cause an erroneous certificate to be provided. Certificate ID: Z3EB376CP09CFDO Results as of:Jul-15-2013 07:38:22 Department of Defense Manpower Data Center SCRA 3.0 ��•' Status Report Pursuant to Servicemembei'S Civil Relief Act Last Name: WINDEMAKER First Name: LINDA Middle Name: K Active Duty Status As Of: Jul-15-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Data Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duly Within 367 Days of Active Duty Status Dale Active Duly Start Date Active Duly End Data Status Service Component NA NA No NA This response reflects where the Individual left active duty status'within 367 days preceding the Active Duly Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Dale Order Notification End Date Status Service Component NA NA No NA This response reflects whether the Individual or his/her unit has received early notification to report for active duly Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Yib&& Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 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 LoanCare,a Division of FNF Servicing,Inc. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY v. Number 12-3677 Civil James J. Windemaker and Linda K. Windemaker Defendants AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANTS COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: 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 addresses of the Defendants are: James J. Windemaker 410 Herman Avenue Lemoyne,Pennsylvania 17043 Linda K. Windemaker 410 Herman Avenue Lemoyne,Pennsylvania 17043 McCABE, EISBERG AND C NWAY,P. SWORN AND SUBSCRIBED t BY: v Le---t U V _ BEFORE ME THIS 1.5 DAY [ ]Terrence J.McCabe,Esq. [11Glarc S. Weisberg,Esq. [ ]Edward D.Conway,Esq. [ ]Margaret Gairo,Esq. OF • ,2013 [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak, Esq. f. •- _� [ ]Marisa J.Cohen,Esq. [ ]Kevin T.McQuail,Esq. . [ ]Christine L.Graham,Esq. [ ]Brian T.LaManna, Esq. NOTARY PUBLIC [ ]Ann E. Swartz,Esq. [ ]Joseph P.Riga, Esq. [ ]Joseph I.Foley,Esq. [ ]Celine P.DerKrikorian, Esq. r iii vVt LTN OF PENNSYLVANIA Attorneys for Plaintiff NOTARIAL SEAL Chelsea Anne Nixon-Notary Public 'iiy of Philadelphia,Philadelphia County %Y commiSSiON EXi.iliF S JULY 21,2015 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 LoanCare,a Division of FNF Servicing,Inc. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS v. Number 12-3677 Civil James J.Windemaker and Linda K.Windemaker Defendants CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff,being duly sworn according to law,deposes and says that a letter was deposited in the United States Mail notifying the Defendants that judgment would be entered against them within ten(10)days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. Copies of said letters are attached hereto and marked as Exhibit"A". McCABE,WEISBERG AND C✓WAY,P.C. SWORN AND SUBSCRIBED BY: BEFORE ME THIS 1S DAY [ ]Terrence J.McCabe,Esq. [ arc S. Weisberg, Esq. [ ]Edward D.Conway,Esq. [ ]Margaret Gairo, Esq. OF 4 .1 ,2013 [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak, Esq. . �� -� [ ]Marisa J. Cohen,Esq. [ ] Kevin T. McQuail,Esq. NOTARY PUBLIC [ ] 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 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Chelsea Anne Nixon•Notary Public City of Philadelphia,Philadelphia County MY COMMISSION EXPIRES JULY 21,2015 VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff's representative,who is out of jurisdiction and not available to sign this verification at this time,are true and correct to the best of his/her knowledge,information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE,WEISBERG AND CONWAY,P.C. BY: Al z_L_- _A [ ]Terrence J.Mc abe,Esq. arc S. Weisberg, Es . [ ]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 LoanCare,a Division of FNF Servicing,Inc.v.James J. Windemaker and Linda K. Windemaker Cumberland County;Number: 12-3677 Civil OFFICE O1'THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania I.70I Curt Long Prothonotary July 1, 2013 '1'o: James J. Windemaker 410 Herman Avenue Lemoyne, Pennsylvania 17043 LoanCare, a Division of FNF Servicing, Inc. Cumberland County vs. Court of Common Pleas James.1. Windemaker Linda K. Windemaker Number 12-3677 Civil NOTICE PURSUANT TO RULE 237.5 NOTICE OF INTENTION TO FILE PRAECIPE TO ENTER JUDGMENT 13Y DEFAULT IMPORTANT NOTICE NOTIFICACION lIMPORTANTE You ARE IN DEFAULT BECAUSE YOU HAVE FAILED'10 ENTER A USTT.D SE ENCYJEN'IRA Ir;N LSTADU DP.REBCI,DIA FOR NO HABER WRI'I'1'EN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN PRESENTADO UNA COMI'ARECE:NCIA ESCR[TA, YA SEA WRITING WITI'l THE COURT YOUR DEFENSES OR OBJECTIONS TO THE PERSON ALMEN'I'E 0 FOR.AROGAU(>V FOR NO I IAI313R RADICADO FOR CLAIMS SET FORT'((AGAINST YOU. UNLESS YOU ACT WI'FIIIN TEN(10) ESCRITO CON ESTE TRIBUNAI.SUS DI-PENSAS U OI3JECIONES A I.OS DAYS FROM THE DATE OF Ti IIS NOTICE,A JUDGMENT MAY OE ENTERED REC:LAMOS FORMUL.ADOS EN CONTRA SUMO. Al.NO TOMAR LA AGAINST YOU WITHOU"I'AHEARINO AND YOU MAY I..OSE YOUR PROPERTY ACCION DEAIDA DIINPRO DC DI57.(10)DIAS DE LA MCI IA DE ESTA OR OTHER IMPORTANT RIGHTS. NOTIFICACION, El, TRIBUNAL PODRA, SIN NECESIDAD DE YOU SI IOIJLD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU COMPARECER LISTED EN COR)E LI 0111 PREUI3A ALGIJNA, DICTAR DO NOT HAVE A LAWYER,GC)TO OR TELEPHONE mu,OFFICE SET FORTH SENIT'NC1.A EN SIJ CONTRA Y UST E;)%)I'ODRIA FEEDER 131t3NES U 011105 BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT DERCCI-IOS IMPOILTAN'I'ES, HIRING A LAWYER. limo LE UMW 'I'OMAR P.S'I'E PAPI:IL A SU AI3OGADO IP YOU CANNOT AFFORD'I'OIIIREA LAWYER,THIS OFFICE MAY 13FAJAX INMEDIATAMENTR. Si UST(-a NO TIENli A IJN ABOCADO, VA A 0 TOT'ROVIDF.YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER TEL.EFONI-sA I..A OFICINA LtxPIrs(AIIAJO. CSI'A OFICINA LO I'UEDE LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FELT. PROPORCIONAR CON INFORMA('Il iN ACE RCA DE CMI'I.EAR A UN ADOGADO, CulnbCrland County Bar Association SI LISTED NO PIJEDE.PROI'ORC'IONAR PARA L'MPLF.AR UN AUOGADO, 32 South I3edlbrd Street ESTA OFICINA PUEDE SIR'. ('AFAR 1)E PROPORCIONARLO CON Carlisle,Pennsylvania 17013 INFORMACIONACIa2CADEI,AS,1GI?N('IASQUIIPUEDLSNOFRECERLOS (800)990-9108 SERVICIOS L.EGALCS A PERSONAS ET.I'GInI,FS EN UN IIONORARI0 RI DLICIOO NI N INGIIN I-ION(IllA1111>. Cumberland County Bar Assoc' 32 South Bedford Strecl Carlisle,Pennsylvania 17013 (800)990-9108 McCA:L3E,W.EI'BMW -E WAY,P.C. I. .l 'Terrese,."ivl'',ape, Esquire [ I Mare S. Weisberg, Esquire f 1 Edward D.9>nway,Esquire [ :I Margaret Cairo, Esquire i. J Andrew I.,. Markowitz,Esquire [ ] Heidi R.Spivak, Esquire [ ] Marisa J. Cohen, Esquire [ I k'vin'I'. McQuail, Esquire [ .I Christine L.Cirahain, Esquire 3rian T. L,aManna, I sr.luirc [ J Ann E. Swartz,Esquire f-r.oseph F. Riga,Esquire [ J Joseph I. Foley, Esquire Attorneys for Plaintiff 8<in\IC)I+ tsc OFFICE OF'Ta=ll;PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania II 7013 Curt Long Prothonotary July 1,2013 '1'o: Linda K. Windemaker 410 Herman Avenue Lemoyne,Pennsylvania 17043 I..oanCare, a Division of FNF Servicing, Inc. Cumberland County vs. Court of Common Pleas James J. Windemaker Linda K. Windemaker Number 12-3677 Civil NOTICE PU:RSUAN'1''1'O RULE 237.5 NOTICE OF INTENTION TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTI:F ICAC:I ON 1 MPORTANTE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A LIS'T'ED SL ENCl1I]NTRA hN I,SI AI t)UI: (E13 iLDL\POR NO HAr3L'R WRIT'T'EN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN PRESI.NTADO UNA COMP Alt EN('IA ESCRITA, YA SEA WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE PBRSONALMEN'rE O'OR AII(K.IADO Y I'OR NO HABER RADICADO FOR CLAIMS SET FORT I AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10) ESCRITO CON l3S'I'I:TRIBUNAL 5115 DI!FLNSAS U OBJISCIONES A I.OS DAYS FROM THE DATE OFTIi1S NOTICE,A JUDGMENT MAY BEENTERED RECLAMOS PORMULADOS EN ('ON'IRA SIJYO. AL NO TOMAR LA AGAINST YOU WITHOU'l'A HEARING AND YOU MAY LOSE YOUR PROPERTY ACCION DEBIDA DENTRO DG Dlli%(I1))DIAS DE LA EEO IA DE ESTA on.arn ZR IMPORTANT RIGN'I'S. NO'rIFICACION, EI. 'TRIBUNAL, PI)DRA, SIN NECLSIDAD DE You SHOULD TAKE TIIIS PAPER TO YOUR LAWYER AT ONCE. iF YOU C:OMPARECER USTED EN C0121 I: I I 011t I'It1 UBA ALGIINA, DI(':I'AR DO NOT HAVE:A LAWYER,GO TO ORTELEPHONE Tull.OFFICE SET FORTH SENTI]NCIA Ii;N SO CONTRA Y US'I ED I'ODRI A PERDER I:MIENES U O1ROS BELOW. THIS OFFICE CAN PROVIDE YOU WI'1'II INFORMATION ABOUT DERI]CNOS IMFORTANI'ES. IIIRING A LAWYER. USTED LE D(.:L11:i TOMAR ESTE I'APEL A SU ABOGADO IC YOU CANNOT AFFORDTO HIRE A LAWYER,THIS OFFICE MAY BEABLE INMEDIATAMEN'rE. SI UM!) NO TUNE A lJN ABOGADO, VA A 0 Tommy!DE YOU WI'I'ItINPORMAT ION ABOUT AO EMI ES THAT MAY OFFER 'I'ELI"]FON:A LA OFICINA 13XI'IJSI)ABA.IO. LS'1'A OFICINA 1,0 PUEDE LEGAL SERVICES TO ELIGIBLE PERSONS Al'A REDUCED FEE OR NO FEE. PROPORCIONAR CON INFORMA('If)N AC'CRCA DI L MPLLAR A UN ABOOADO, Cumberland County Bar Association Si USTI]D NOI'UI:DEPROI'UR('IONAlt I'ARA EMPLEAR UN ABOGADO, 32 South Bedford Street ESTA OFICINA PUI:DE SCR ('APA/. or PROPORCIONARLO CON Carlisle,Pennsylvania 17013 INPORMACIONACF.READY.I.ASA(iI:N('IAS001]P11EDIiNOFRECERLos (800)990-9108 SERVICIOS I,I]GAI..IS A PrrtSONAS 1:1 IG1BI,I:;S EN UN HONORARIO RI]DUC'IDO NI NING11N I ION(IR 1110 Cumberland County Bar Association 32 South Hedtbrd Street Carlisle,Pennsylvania 17013 (800)990-9108 McCABE, WEIS.13 +sRG AND '' " AY, I'.C. BY: C cc; [ 1 Terrencc( Mabe 3s, ire [ I Marc S. Weisberg, kSI1Ilirc I Edward 0.Conway,"Esquire [ ] Margaret Gairo, Esquire [ 1 Andrew L. Markowitz, Esquire [ 1 Heidi R, Spivak, Esquire [ .1 Marisa J.Cohen, Esquire [ 1 Kevin T. McQuaiI, f.?s<�uire [ J Christine L.Graham,Esquire 1* n'I'. I.,aManna, tsquirc [ ]Ann E. Swartz,Esquire I. I Joseph F. Riga, F,squiro [ J Joseph 1.Foley,Esquire Attorneys for Plaintiff Sc_h} I Al RECEIPT FOR PAYMENT Cumberland County Prothonotary' s Office Receipt Date 7/16/2013 Carlisle, Pa 17013 Receipt Time 11 : 33 : 50 Receipt No. 293214 LOANCARE (VS) WINDEMAKER JAMES J ET AL Case Number 2012-03677 Received of PD BY ATTY WEISBERG BH Total Non-Cash + 16 .50 Check# 193617 Total Cash + . 00 Change - . 00 Receipt total = $16 . 50 Distribution Of Payment Transaction Description Payment Amount JDMT 16 . 50 CUMBERLAND CO GENERAL FUND $16 . 50 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle,Pennsylvania 17013 Prothonotary To: James J.Windemaker 410 Herman Avenue Lemoyne,Pennsylvania 17043 LoanCare,a Division of FNF Servicing,Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff v. No. 12-3677 Civil James J. Windemaker and Linda K.Windemaker Defendants NOTICE Pursuant to Rule 236,you are hereby notified that a JUDGMEN as bee ntere e above procepding as indicated below. ' L Prot not 'M X Judgment by Default —7 Money Judgment I�I '3 Y g — 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. • OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle,Pennsylvania 17013 Prothonota ry To: Linda K. Windemaker 410 Herman Avenue Lemoyne,Pennsylvania 17043 LoanCare,a Division of FNF Servicing,Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff v. No. 12-3677 Civil James J.Windemaker and Linda K.Windemaker Defendants NOTICE Pursuant to Rule 236,you are hereby notified that a JUDGMEN as been entered in the above proce g as indicated below. Pro nota Cji t X Judgment by Default Money Judgment bit u Y ment 7 g 1/3 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. EXHIBIT "C" ,nom eft IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Lc\\D.03 CIVIL DIVISION FILE NO.: 12-3677 Civil Term LoanCare,a Division of FNF Servicing,Inc. V. AMOUNT DUE: $162,257.31 James J.Windemaker INTEREST: from 07/12/13 $3,893.82 at$26.67 rri ATTY'S COMM.: r- 0'1 COSTS: rte , c-5 . TO THE PROTHONOTARY OF SAID COURT: 7: 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) 410 Herman Avenue,Lemoyne,Pennsylvania 17043 (More fully described as attached) • PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County,for debt,interest and costs,as above, directing attachment against the above-named garnishee(s)for the following property(if real estate,supply six copies of the description;supply four copies of lengthy personalty list) and all other property of the defendant(s)in the possession,custody or control of the said garnishee(s). (Indicate)Index this writ against the garnishee(s)as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: I BY: . . L/ A ./•I C [ I Terrence J.McCabe,Esq. ]Marc 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. [ ]Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. O CeIine P.DerKrikorian,Esq. Attorneys for Plaintiff Firm: MCCABE,WEISBERG AND CONWAY Address:123 S. Broad Street,Suite 1400 Philadelphia.PA 19109 Attorney for: Plaintiff Telephone:(215)790 1010 Supreme Court ID No. LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Lemoyne in the County of Cumberland and Commonwealth of Pennsylvania,more particularly bounded and described according to a survey made by Gerrit J. Betz, Registered Surveyor, dated August 29, 1977, as follows,to wit: BEGINNING at a point on the Southern side of Herman Avenue, said point being 75feet West of the Southwest corner of the intersection of Herman Avenue and Cranberry Street; Thence along the Western line of Lot No. 54 Block"C" on the hereinafter mentioned Plan of Lots, South 29 degrees East 150 feet to a point in the Northern side of Plum Alley; Thence along the Northern side of Plum Alley, South 61 degrees West 17.50 feet to a point in the center line of Lot No. 53, Block"C" on the hereinafter mentioned Plan of Lots; Thence along the center Iien of Lot No. 52, Block "C" aforesaid,thru the center of the partition wall dividing properties known as 410 and 412 Herman Avenue and beyond North 29 degrees West 150 feet to a point in the Southern side of Herman Avenue; Thence along the Southern side of Herman Avenue,North 61 degrees East 17.50 feet to a point, the Place of BEGINNING. BEING the Eastern one-half of Lot No. 53,Block"C", on a Plan of Lots Known as Plan No. 1, Riverton, Recorded in Deed Book J, Volume, page 40. HAVING THEREON ERECTED a 2 % story frame dwelling known and numbered as 410 Herman Avenue, Lemoyne, Pennsylvania. UNDER AND SUBJECT,NEVERTHELESS,to the same conditions,restrictions, exceptions and reservations as exist by virtue of prior recorded instruments, deeds and conveyances. 410 Herman Avenue,Lemoyne,Pennsylvania 17043. BEING the same premises which DANIEL C.BROWN by deed dated May 31,2007 and recorded June 7,2007 in the office of the Recorder in and for Cumberland County in Deed Book 280,Page 1802,granted and conveyed to James J. Windemaker and Linda K. Windemaker,Husband and Wife. AND the said Linda K. Windemaker departed this life on December 24,2012;thus vesting sole title to James Windemaker,by operation of law. TAX MAP PARCEL NUMBER: 12220822139 RECEIPT FOR PAYMENT Cumberland County Prothonotary' s Office Receipt Date 8/08/2013 Carlisle, Pa 17013 Receipt Time 13 ; 59 :32 Receipt No. 294157 LOANCARE (VS) WINDEMAKER JAMES J ET AL Case Number 2012-03677 Received of PD ATTY MCABE WEISBERG LJC Total Non-Cash + 28 . 50 Check# 195150 Total Cash + . 00 Change . 00 Receipt total = $28 . 50 - ---- -- ------ - -- - ------- Distribution Of Payment -- Transaction Description Payment Amount WRIT OF EXEC 28 . 50 CUMBERLAND CO GENERAL FUND $28 . 50 EXHIBIT "D" 1966s y l 0 ig a a - b a.2- 43 q 2001 JUN 7 flfi 9 59 FIDEUTY HOME MORTGAGE CORP 1012 NORTH POINT ROAD BALTIMORE,MD 21224 Tax Parcel ID#: [Space Above This Line For Receding Ma) Loan No: 2070402047 FHA Cue No. MIN: 1001298-0000057580 4 MORTGAGE ,441-79881308-70313 THIS MORTGAGE ("Security Instrument") is given on May 31,2007 The mortgagor is James J Windemaker AND Linda K Wlndsmaker whose address is 410 HERMAN AVENUE LEMOYNE,PA 17043 ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS") (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as beneficiary. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of PO Box 2026, Flint, MI 48501-2026,tel.(888)679-MERS. FIDEUTY HOME MORTGAGE CORP,a Corporation ("Lender") is organized and existing under the laws of Maryland and has an address of 1012 NORTH POINT ROAD BALTIMORE,MD 21224 Borrower owes Lender the principal sum of One Hundred Twenty Eight Thousand Nine Hundred Eighty One DOLLARS and Zero CENTS Dollars (U.S. $ 128,981.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on June 1,2037 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) 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 to the successors and assigns of MERS the following described property located in Cumberland County,Pennsylvania: See Exhibit"A"attached hereto and made a part hereof PENNSYLVANIA -Sir gle Family-FHA Security Instrument Form 941391196 Laser Forms Inc.1800)448-3555 LFI%FHA94139-MERS 8/01 Page 1 of 8 Initials: 6KI995PG0679 12/07/2011 8:22:11 AM CUMBERLAND COUNTY Inst.#200719608-Page 1 of 9 I . which has the address of 410 HERMAN AVENUE,LEMOYNE [Street) [Cnyl Pennsylvania 17043- ("Property Address"); l2lp Coded TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures 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 MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS (as nominee for 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 or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized 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 and Late Charge. Borrower shall pay when due the principal of, and interest on,the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for(a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (1) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called"Escrow Funds". Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. §2601 Et lid. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. PENNSYLVANIA -Single Family -FHA Seeurlty Instrument Fonn/41381196 Laser Farms Inc.(800)446-3566 ✓,. LFI SFHA94139-MERS 819T Page 2 of 8 Initials: C(/F""' 8K1995PG0680 12/07/201 1 8:22:11 AM CUMBERLAND COUNTY lnst.#200719608-Page 2 of 9 The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items(a),(b),and(c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: Fit,, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums,as required; Third, to interest due under the Note; fourth, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of,and in a form acceptable to Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. S. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds, Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrowers principal residence for at least one year after the date of occupancy, unless Lender determines this requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. PENNSYLVANIA -Single Family.FHA security Instrument Form 941391/96 Lew-Form Inc.(800)44 8-7555 ���fJJ��' ))) / LFICFHA94139-MERE $/0'. Peg.3 Of I Initials: O ie-4 Bit ! 995PG068I 12/07/2011 8:22:11 AM CUMBERLAND COUNTY Inst.#200719608 Page 3 of 9 6, Condemnation. The proceeds of any award or claim for damages, direct of consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate,and at the option of Lender shall be immediately due and payable. 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; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or(c)secures from the holder of the lien an agreement satisfactory to the Lender subordinating the lien to this Security instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults,require immediate payment in full of all sums secured by this Security Instrument if (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment,or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341(d) of the Gam-St Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the pricy approval of the Secretary, require immediate payment in full of all the sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property,is sold or otherwise transferred(other than by devise or descent),and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. PENNSYLVANIA -Single Family-FHA Security Inatsument Fos Forms sIn UN UN LKer m Inc.M0)446-3555 LFI#FHA94139-MHRS B!01 Paga 4 of 8 Initials:11 BKI995PG0682 12/07/2011 8:22:11 AM CUMBERLAND COUNTY Inst.,/200719608•Page 4 of 9 (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsegaent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, :his option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii)reinstatement will preclude foreclosure on different grounds in the future, or(iii)reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or 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 Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower'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 may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by First class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14, Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. 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. To this end the provisions of this Security Instrument and the Note are declared to be severable, PENNSYLVANIA •Single Family•FHA Security Instrument Form 94139119E Law Forms Mc.(800)448.3555 I f LFIIFHAIM 30-MER9 ot7 Pao.6 of a Inlilais o��Gc4.J BK 1995PG0683 12/07/2011 8:22:11 AM CUMBERLAND COUNTY Inst.#200719608-Page 5 of 9 1. .... ,.... i. • • 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. 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. Borrower shall promptly give Lender written notice of 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. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances 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. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a)all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b)Lender shall be entitled to collect and receive all of the rents of the Property; and (c)each tenant of the Property shall pay all rents die and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shalt be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this paragraph 18 or applicable law. PENNSYLVANIA -Sirgle Family -FHA Security Instrument Forth 941391!98 Laser Forms Inc.(BOO)448-3555 LFI IFHA04130 44E8S 6101 Page 6 of 8 InlUals: BK 1995 PG068Et 12/07/2011 8:22:11 AM CUMBERLAND COUNTY Inst#200719608-Page 6 of 9 . 1... .... .. .. .t 19. 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 without charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from atlachment, levy and sale, and homestead exemption. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 22. 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. 23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)]. Condominium Rider Q Growing Equity Rider Graduated Payment Rider o Planned Unit Development Rider Other[specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Witnesses: PENNSYLVANIA -Single Family -FHA Sacurly Instrument Form ogms Inc.(SO fir' Laser Forma c.(800)M6333S LFI SFHA9413waERS 870'. Page 7 or 8 Initals:� BK 1995PG0685 12/07/201^ 8:22:11 AM CUMBERLAND COUNTY Inst.#200719608 Page 7 of 9 • BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Witnesses: • a J (Seal) dr tjlni", msa ndemaksr "Borrower GULA., (Seal) nd#44174/C ndemsksr -sorrows( (Seal) answer (Seal) -Borrower [Space Below This Line For Acknowledgment] Certificate of Residence 1, 'c.I`i,` i hereby certify that the correct address of the within-named Lender is 1012 NORTH POINT ROAD,BALTIMORE,MD 21224 Witness my hand this 31st day of May,2007 k. A-' .Jc�..i'�'`' COMMONWEALTH OF PENNSYLVANIA, C hgERLA4A County u: On this, the 31st day of May,2007 , before me G1 a.is 45 G, - .M the undersigned officer,personally appeared +-� James J Windemaker AND Unda K Windemaker known to ma (or satisfactorily proven) to be the person whose names) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ► G. ,2,. My Commission expires: - -+ •sf,:F:,.'. .!=-... Is s." ' P Wadi]Seal Charles O.Z19094 Jr., p ubo r . rE &N MY DOM 24 Member,P1nnayNa lla Msootalion of NolaAN PENNSYLVANIA -Single Family-FHA Security Instrument Fonn 941391/96 Laser Forms Inc.(800)446-3535 LFIIFHA94139-MERE 8A01 Page. of 8 8K 1995PG0686 12/07/2011 8:22:11 AM CUMBERLAND COUNTY Inst#200719608-Page 8 of 9 • • • ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Lemoyne in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described according to a survey made by Gerrit J. Betz, Registered Surveyor, dated August 29, 1977, as follows, to wit: BEGINNING at a point on the Southern side of Herman Avenue, said point being 75 feet West of the Southwest corner of the intersection of Herman Avenue and Cranberry Street; Thence along the Western line of Lot No. 54 Block"C" on the hereinafter mentioned Plan of Lots, South 29 degrees East 150 feet to a point in the Northern side of Plum Alley; Thence along the Northern side of Plum Alley, South 61 degrees West 17.50 feet to a point in the center line of Lot No. 53, Block"C"on the hereinafter mentioned Plan of Lots; Thence along the center line of Lot No. 53, Block "C"aforesaid, thru the center of the partition wall dividing properties known as 410 and 412 Herman Avenue and beyond North 29 degrees West 150 feet to a point in the Southern side of Herman Avenue; Thence along the Southern side of Herman Avenue, North 61 degrees East 17.50 feet to a point,' ''• . the Place of BEGINNING. BEING the Eastern one-half of Lot No. 53, Block"C", on a Plan of Lots known as Plan No. 1, Riverton, Recorded in Deed Book J,Volume 4, page 40. HAVING THEREON ERECTED a 2 '/2 story frame dwelling known and numbered as 410 Herman Avenue, Lemoyne, Pennsylvania. • • • • White Rose Settlement Services, Inc. • 1441 East Market Street York, PA 17403 (.'et ii ly this to be recorded • Cumberland County PA • • S 12/07/2011 8:22:11 AM CUMBERLAND COUNTY Inst.#200719608-Page 9 of 9 EXHIBIT "E" 51091) Pagel CERTIFIED PROPERTY IDENTIFICATION NUMBERS McCabe Weisberg& Conway,P.C. 12-22-0822-139 — LEMOYNE BORO Suite 1400 CCGIS REGISTRY 03/18/2013 BY DC 123 South Broad Street Philadelphia,PA 19109 • Record and Return To: McCabe Weisberg&Conway,P.C. Suite 1400 123 South Broad Street Philadelphia,PA 19109 Attn: Antonio Cr.Bonanni. Assignment of Mortgage MIN t 1001296-0000057560-6 MERS Phone#:1-888-679-6377 For value received, the undersigned holder of a mortgage, Mortgage Electronic Registration Systems,Inc.,as nominee for Fidelity Home Mortgage Corp.,its successors and assigns,whose address is .P.O. Box 2026, Flint, Michigan 48501-2026, grants, sells, assigns, transfers and conveys without warranties and without recourse, unto Government National Mortgage Association. (GNMA), whose address is 550 12th St., SW Potomac Center, South Towers, Washington, D.C. 20024, said mortgage having been executed by James J. Windemaker and Linda K. Windemaker with a secure payment of $128,981.00, recorded in Book Number: 1995, Page: 0679 of the Recorder of Deeds for Cumberland County,Commonwealth of Pennsylvania dated May 31,2007,and recorded on June 7,2007,and all rights accrued or to accrue under said Mortgage. Property is located in Cumberland County,Commonwealth of Pennsylvania,and has the address of 410 Herman Avenue., Lemoyne, Pennsylvania 17043, along with the f'oll.owing legal description: SEE ATTACHED LEGAL DESCRIPTION Parcel No. 12-22-0822-139 MOM Page2 Assignee certifies that the precise address of Government National Mortgage Association (GNMA),is 550 12th St:, SW Potomac Center,South Towers,Washington, D.C. 20024. t,. .,...„ ctJ 4—, .• ie • Name/.t)Sitia ( JANET I • • \ •4. V' P NET GARRETT 1. ., C,1411-0,. . TO HAVE AND TO HOLD Assignee, its successors and assigns, subject only to the terms and conditions of the above-deScribed Mortgage. IN WITNESS WHEREOF, the undersigned Assignor has executed this Assignment of Mortgage on ç0,)( \ S- • ,,_A-...-sr..., Mortgage Electronic Registration Systems, inc., as nominee for Fidelity Home Martgliv.Corp.„ its ,s- • ss,-; successors At dAlikilos , \\ • ignature: ,,,-•••••,-. M. entTr Name: • • Title: Vice President ."'D 3 '''. I ,`..' Date> 1 .)__-__--_— FORM OF CORPORATE ACKNOWLEDGMENT State of Virginia )SSt City of Virginia Beach On this \15 day of 'Tkasek-N , 20 V6 , before me the undersigned officer,personally appeared ERMA BRITT . who acknowledged himself or herself to be the st ■40...L \VM,&,04- of Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity Home Mortgage Corp,, its successors and assigns, and that he or she as such\sk CA,--Nk( \A3t-trf\r." , being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself or herself as\\ALL e'th58tAty\ir . In witness whereof,I here unto set my hand and official seat. it V Z.s.N:!8 E BR itqS 0 N N 01 A ri?Pti.i,?,IC . 1 NOTARY PUBLIC 1 )4!kis, cot jor.• :.;.:', ... ...:. .. .. .0{,w,v....kg ti Ol•VIII LA P. MY CO:,1?..1 iS,.;ON pF;;;s O.aLSIz~,,,,...W.J Legal Description ALL THAT CERTAIN tract or parml of'land and premises, situate, Ong and being In the Borough of Lemoyne in the County of Cumberiand and Commonwealth of Pennsylvania, more particuierly bounded and described according to a survey made by Gerrit J. Betz, R tistered Surveyor, dated August 29, 1977, as'Mows, to wit. BEGINNING at a point on the Southern side of Herman Avenue, said point being 76 feet West of the Southwest corner of the iron of Herman Avenue and Carry Strom; Thence along the Western line of Lot No. 54 Block 0C on the hereinafter mentioned Nan of Lots, South 29 degrees East 150 feet to a petit in the Northern side of Plum Alley; Thence a along the Northern side of Plum Alley, South 61 degrees West 17.50 feet to a point in the center line of Lot No. 63, Block*0"on the hereinafter mentioned Plan of Lots; Thence along the center line of Lot No. 63, Block V aforesaid, thru the center of t e partition wall dividing properties known as 410 and 412 Herman Avenue and beyond North 29 degrees West 150 tit to a point In the Southern side of Herman Avenue; Thenoe along the Southern side of Herman A'tenue, North 61 degrees East 17.50 feet to a pointj' the Place of BEGINNING. BEING the Eastern one-helf of Lot No. 53. Block "C", on a Plan of Lots known as Plan No. 1, Riverton, Recorded in Deed Book J, Volume 4, page 40. HAVING THEREON ERECTED a 214 story frame dwelling known and numbered as 410 Herman Avenue, Lemoyne, Pennsylvania. ...o v y. _ ... ROBERT P. ZIEGLER RECORDER OF DEEDS ' 1 CUMBERLAND COUNTY a" � "" 1 COURTHOUSE SQUARE ,i s0° ^ •• y ..... - ,,,,;,„,k,i , CARLISLE, PA 17013 ` '\,;' `� ; '3 717-240-6370 ' - .. -id v .-v Instrument Number-201308721 Recorded On 3/18/2013 At 3:00:54 PM *Total Pages-4 *Instrument Type-ASSIGNMENT OF MORTGAGE Invoice Number- 131935 User ID- SW *Mortgagor-WINDEMAKER,JAMES J *Mortgagee-MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC *Customer- SIMPLIFILE LC E-RECORDING *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $12 .00 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. COUNTY ARCHIVES FEE $2 .00 ROD ARCHIVES FEE $3.00 TOTAL PAID $51.00 I Certify this to be recorded in Cumberland County PA �� is tufo, ,s- 1".. 4 ,...„1„,e„..,„,--70 37e—_, �++`7 RECORDER OF DEEDS \\trso i *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. EXHIBIT "F" 61090 Pagel McCabe Weisberg&Conway,P.C. CERTIFIED PROPERTY IDENTIFICATION NUMBERS Suite 1400 12-22-0822-139 — LEMOYNE BORO 123 South Broad Street CCGIS REGISTRY 03/18/2013 BY DC Philadelphia,P.A. 19109 Record and Return To: McCabe Weisberg&Conway,P.C. Suite 1400 123 South Broad Street Philadelphia, PA 19109 Attn: Antonio G. Bonanni As imment of Mort a e For value received, the undersigned holder of a mortgage, Government National Mortgage Association (GNMA),whose address is 550 12th St., SW Potomac Center, South Towers, Washington, D.C. 20024, grants, sells, assigns, transfers and conveys without warranties and without recourse,unto LoanCare,a Division of FN..F Servicing,Inc.,whose address is 3637 Sentara Way,Virginia beach,Virginia 23452, said mortgage having been executed by James J.Windernaker and.Linda K. Windemaker with a secure payment of$128,98L00,recorded in Book Number: 1995, Page: 0679 of the Recorder of Deeds for Cumberland County,Commonwealth of Pennsylvania dated May 31,2007,and recorded on June 7, 2007, and all rights accrued or to accrue under said Mortgage. Property is located in Cumberland County,Commonwealth of Pennsylvania,and has the address of 410 Herman Avenue,Lemoyne, Pennsylvania 17043, along with the following legal description: SEE ATTACHED LEGAL DESCRIPTION Parcel No. 12-22-0822-139 • 63090 Paget . Assignee certifies that the precise address ofLoanCare, a Division of FNF Servicing,Inc., is 3637 Sentara Way,Virginia beach, Virginia 23452. 4 F • . . ,:.: . 14 ......: ........., ..... / . . Nuive,,,,,,•,,,, , %MET GARRE31/4%g2(.44-7,. v , P " 'IC I€A1T.AN7 TO HOLD, Assignee,its successors a nd ass i gns, subject only to the terms and conditions of the above-described Mortgage; IN WITNESS WHEREOF, the undersigned Assignor has executed this Assignment of Mortgage on GOVERNMENT NATIONAL MORTGAGE ASSOCIATION BY LOANCARE,A DIVISION OF FNF SERVICING,INC.AS ATTORNEY IN FACT UNDER.A.LIMTI`F"€7 POW.ER OF ATTORNEY Signature:.4 :•;.; ,ofkg. > . ``�.., F. e P*ame: b Title: VICE PRESIDENT Date:~....,.,..;!/:97,,,.,.�. ...... .................._�...._....-��------ FORM OF CORPORATE ACKNOWLEDGMENT State of Virginia City of Virginia On this 1S day of . C..E`,s ..... ,2013, before me the undersigned officer, personally appeared t4 .._.._.,..,.:.w..who acknowledged himself or herself to be the Vice President of LoanCare, A Division of FNF Servicing, Inc. as Attorney in fact under a limited power of Attorney for Government National Mortgage Association, and that he or she as such,`i:.a ,...._... ,, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself or herself as Itts , � .,�.. r- In witness whereof, I here unto set my hand and official seal. `1i �„11 PUBLIC i:;a: a�:; NOTARY � ii :; ;�{'{2.'{'; tip +�jr.l ?:9;3T �. I Y „t+MMi':3 GN . i'{l:,..) 1. ..iUN;.3 20 Legal Description ALL THAT CERTAIN tract or parcel of land and premises, situate/ lying and being in the Borough of Lemoyne In the County of CuMberland and Commonwealth of Pennsylvania, more particularly bounded and desertbed ceding to a survey made by Gerrit.). Betz, Registered Surveyor, dated August 29, 1977, as follows, to wit: BEGINNING et a point on the Suutbern side of Herman Avenue, said point being 75 feet West of the Southwest corner of the Intersection of Herman Avenue and Cranbeny Stmt; Thence along the Western line of Lot No. 54 Bloc* "C on the hereinafter mentioned Plan of Lots, South 29 degrees East 150 feet to a point in the Northern side of Plum Alley; Thence along the Northern side of Plum Alley, South 81 degrees West. 17.50 feet to a point in the center line of Lot No. 53, Block` " on the hereinafter mentioned Plan of Lots; Thence along the center line of Lot No. 63, Block *C' iresakl, thru the center of the pardon wail dividing properties known as 410 and 412 Herman Avenue and beyond North 29 degrees bleat ir feet to a point:in the err .aide of Herman Avenue;Thence along the Southern &de of Herman Avenue, North 81 degrees East 17.50 feet to a pointr t .i. the Place of BEGINNING. BEING the Eastern one-t slf of Lot No. 53, Block"C-, on a Plan of Lots known as Plan No_ 1, Riverton, Recorded in Deed Book J, Volume 4, page 40. HAVING THEREON ERECTED a 214 story frame dwelling known end numbered as 410 Herman Avenue, Lemoyne, Pennsylvania. ROBERT P. ZIEGLER RECORDER OF DEEDS .�, . ' ;. CUMBERLAND COUNTY -'` �' `}• • • 1 COURTHOUSE SQUARE CARLISLE, PA 17013 ;' a: • 717-240-6370 " Instrument Number-201308723 Recorded On 3/18/2013 At 3:00:56 PM *Total Pages-4 *Instrument Type-ASSIGNMENT OF MORTGAGE Invoice Number- 131935 User ID- SW *Mortgagor- WINDEMAKER,JAMES J *Mortgagee -LOANCARE *Customer- SIMPLIFILE LC E-RECORDING *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 I Certify this to be recorded in Cumberland County PA cua RECORDER OF DEEDS *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. CUMBERLAND COUNTY LoanCare, A Division of FNF Servicing, Inc., COURT OF COMMON PLEAS Plaintiff, No.: 12-3677 V. c James J. Windemaker and Linda K. Windemaker, z Co -<A acs Defendants. c �. ZC:) c ORDER AND NOW, this 13 day of F.r.G��, , 2014, the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $ 125,472.77 INTEREST through 3/1/14 $ 36,841.77 (per diem $26.24) Pro Rata MIP/PMI $ 148.08 Escrow Advance $ 8,055.57 Recording Fees $ 40.50 Accumulated Late Charges $ 624.93 Recoverable Balance $ 4,762.00 REASSESSED TOTAL $ 175,945.62 Plus interest from April 1, 2014, through the date of sale at$26.24 per diem. The above figure is not a payoff quote and does not include the sheriff's commission. BY THE COURT: JLF.S L.C)� J. 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 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 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790 -1010 LoanCare, a Division of FNF Servicing, Inc. Plaintiff v. James J. Windemaker Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 12 -3677 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 February 18, 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, James J. Windemaker , by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to his last -known address of 410 Herman Avenue, Lemoyne, Pennsylvania 17043. 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 October 1, 2013, 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, James J. Windemaker , by posting the same at the mortgaged premises of 410 Herman Avenue, Lemoyne, Pennsylvania 17043. 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 ". 4. That on March 7, 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, James J. Windemaker, through publication in the Cumberland Law Journal . A true and correct copy of the Proof of Publication indicating the same is attached hereto, made a part hereof, and marked Exhibit "C ". 5. That on February 25, 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, James J. Windemaker , through publication in the The Sentinel. A true and correct copy of the Proof of Publication indicating the same is attached hereto, made a part hereof, and marked Exhibit "D ". McCABE, WEISBERG AN BY: [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq: [ ] Lena Kravets, Esquire Attorneys for Plaintiff CONWAY, P.C. SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF , 2014 NOTAR P BLIC COMMONWEALTH OF PENNSYLVANN' NOTARIAL SEAL Widely Lynn McCloskey, Notary Public City of Philadelphia, Phila. County ply Commission Expires September 7, 2016. [ 1rc S. Weisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esquire [ ] Carol A. DiPrinzio, Esquire OgY 1plo9D LOANCARE, A DIVISION OF FNF SERVICING, INC., Plaintiff v. JAMES J. WINDEMAKER and LINDA K. WINDEMAKER, Defendant IN THE NINTH JUDICIAL DISTRICT COURT OF COMMON PLEAS NO. 2012 -3677 IN RE: MOTION TO ALLOW SERVICE ON THE DEFENDANTS PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 ORDER OF COURT AND NOW, this 11th day of September 2012, upon consideration of Plaintiff's Motion to Allow Service on the Defendants Pursuant to Pa Rule of Civil Procedure 430, it is ordered and directed that service of the Complaint in Mortgage Foreclosure in this case upon the Defendants, James J. Windemaker and Linda K. Windemaker, may be made in the following manner: (1) by First Class and Certified Mail, return receipt requested, no signature required at the last known address, 410 Herman Avenue, Lemoyne, Pennsylvania 17043, service to be deemed complete upon mailing; (2) by posting a copy of the same on the most public portion of the property located at 410 Herman Avenue, Lemoyne, Pennsylvania 17043; and (3) by publication once in the Cumberland County Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania, in the form directed by the applicable Pennsylvania Rules of Civil Procedure and Cumberland County Rules of Procedure. SUBSEQUENT papers may be served by first -class mail to Defendants at the aforesaid Herman Avenue address, with service to be deemed complete upon mailing. BY THE COURT, Thomas A. Placey, C.P.J. Distribution: Terrence J. McCabe, Esq. McCabe, Weisberg and Conway, P.C. 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for Plaintiff James ). Windemaker 410 Herman Avenue Lemoyne, PA 17043 Defendant, pro se Linda K. Windemaker 410 Herman Avenue Lemoyne, PA 17043 Defendant, pro se EXHIBIT A 7013 1090 0000 6325 1 •U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery or ion *at our website at mhow,usps.colna Postag Cortilied Fe Return Receipt Fe (Endorsement Required Restricted Delivery Fee (Endorsement Required) Total Postage & lees Sent To le\Q-,5. C 4.1(4 .-- Cr 9 (2..r. Street Apt. No.; „ or PO Box No, Ltio ,ryl city, Stare, ZIP+4 PS ForM 3800 0,gust 2006 • ,••,• • .Se.13.PverF,.P fcr'instruett900 Name and Address of Sender McCabe, Weisberg and Conway, P.C. 123 S. Broad St., Suite 2080 Philadelphia, PA 19109 ATTN: Nicole Slavin- 61090 Check type of mail or service: 0 Certified 0 Recorded Delivery (International) 0 COD 0 Registered 0 Delivery Confirmation 0 Return Receipt for Merrhandse 0 Express Mail 0 Signature Confirmation 0 Insured Article Number LoanCare, a Division of FNF Servicing, Inc. v. James J. Windemaker 7013 1090 0000 6325 7406 Postage James J. Windemaker 410 Herman Avenue Lemoyne, Pennsylvania 17043 1.S. POSTAGE9» PITNEY BOWES ZIP 19109 $ 001.20° 02 1VY 0001377494 FEB. 18 2014. Total Number of Pieces Listed by Sender 1 Total Number of Pieces Received at Post Office ?NO T!7- /� • EXHIBIT B Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF THE $!!:RIFF LoanCare, A Division of FNF Servicing Inc vs. Case Number James J. Windemaker (et al.) 2012 -3677 SHERIFF'S RETURN OF SERVICE 10/01/2013 08:01 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 410 Herman Avenue, Lemoyne Borough, Lemoyne, PA 17043, Cumberland County. 10/01/2013 08:01 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: James J. Windemaker, pursuant to Order of Court by "Posting" the premises located at 410 Herman Avenue, Lemoyne Borough, Lemoyne, PA 17043, Cumberland County with a true and correct copy according to law. 12/02/2013 As directed by Terrence McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/5/2014 SHERIFF COST: $1,511.80 January 27, 2014 (c) CountySuite Sheriff, Teleosoft, Inc. SO ANSWERS, RON R ANDERSON, SHERIFF EXHIBIT C IL) ..I1, 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 March 7, 2014 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. Marie Coyne, editor SWORN TO AND SUBSCRIBED before me this 7 day of March, 2014 M�^ �. es�cz�[. a.» lY•% k��:+?' 3NJet :xxMS'!'�tetiwh'tw::.x:arr:: rntac�•:.:'� NOTARIAL SEAL DEBORAH A COLLINS Notary Public, ,ISLE BOROUG -L CUMBERLAND COUNTY my Commission t:xpi es Api .arr 2011 4 CUMBERLAND LAW JOURNAL NOTICE Court of Common Pleas, Cumberland County Civil Action Law Number 12 -3677 LoanCare, a Division of FNF Servicing, Inc. v. James J. Windemaker NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: James J. Windemaker, 410 Her- man Avenue, Lemoyne, Pennsyl- vania 17043 Your house (real estate) at 410 Herman Avenue, Lemoyne, Penn- sylvania 17043 is scheduled to be sold at Sheriff's Sale on April 9, 2014 at 10:00 a.m. in the Commis- sioner'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 $162,257.31 obtained by LoanCare, a Division of FNF Servicing, Inc. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Loancare, a Division of FNF Servicing, Inc. 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 post- pone 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 Sheriff's 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 com- pared 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 Iegal 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 thir- ty (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 10 CUMBERLAND LAW JOURNAL 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 immedi- ately 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 RE- DUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990 -9108 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 It 307169 CHRISTINE L. GRAHAM, ESQUIRE, ID # 309480 BRIAN T. LaMANNA, ESQUIRE, ID # 310321 ANN E. SWARTZ, ESQUIRE, ID # 201926 JOSEPH F. RIGA, 11 ESQUIRE, ID # 57716 JOSEPH I. FOLEY, ESQUIRE, ID # 314675 CELINE P. DerKRIKORIAN, ESQUIRE, ID # 313673 McCABE, WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff 123 South Broad Street Suite 1400 Philadelphia, PA 19109 (215) 790 -1010 Mar. 7 EXHIBIT D T ,1 J con% • PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Patrick Doane, Production Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): February 24, 2014. COPY OF NOTICE OF PUBLICATION :Y+n;!' -h�', McCABE WEISBERO AND COHWAY P- "C BVs TERRENCE-WFO. ABE E94tAFt 1 . fJ', yMARC.97WEISBERO ESQUIRE ID #41..81P EDWARD D CONw!AMSCA IRE'Vg...1.3488 iMAttoARQT,,O'AIRO E9QUIROD,ttt344163"' ANDREW LhfARKowm,E9dUIRE1'l15 #2 HEIDIR.9PIVAK.ESQUIRE ID gyj4770.g� d'MAftiOg OCOHEWE9QUIRE ID;48783,..�`, yyKEVIN ;TMcQU'AIIMESQUIREd10.8307y1et t) 'CNRINYINE oFeAHAM ESQUIRE IDM.3094801w P BRUNT LAMANNAS ,-EJQUIRE:rID113103P1yYir ANNE:9WARtz ESQUIRE ID #$01928 q; aciseeif F RIQA ESQUIRE api ksylm." -001: FOLEY ESQUIRE IDii9{4B76„ CELINE P DERKRIKORIAN,ESQUIRE. ID 3 South Broad Street;, Sulte,2080 r,F"d- 'el 'b1a,;Penn`brNenln.18t09"_`} gf s 1Dtu u�:�?a'sarr ^. FIooe�aofd_e1Slierift_. ;0ieroat, Judgment. 1 n9 (cee fhefoA6wiiig�iiotiteon.lm4 t `..�.. -., rrr.•r:..... .soonaryou,con rain. en�ado'mey);�r5�, Affiant further deposes that he /she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 2- a bywa.n6 9D i4- - Notant Ptublic My commission expires: C•^.°1MCN,'tr:, ) -1 G: i'ENIVS` .1=1'.. ?iFA, Nat:NalSeal Bethany M. Ifoltry, Notary Public Cadtle Earn, Cumberland County My Commis-, c . Expire.. 3. pt. 26, 2015 MEMBER, PENNSy�lANUJ ASSOOA1ION OF NOTA.iJES Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY O+FF CE Of cur VER;F : THE t r'ROTHO 4D' tS,d, Mt+ JUN 1 2 AM 9: 30 CUMBERLAND COUNTY PENNSYLVANIA LoanCare, A Division of FNF Servicing Inc vs. Case Number James J. Windemaker (et al.) 2012-3677 SHERIFF'S RETURN OF SERVICE 10/01/2013 08:01 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 410 Herman Avenue, Lemoyne Borough, Lemoyne, PA 17043, Cumberland County. 10/01/2013 08:01 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: James J. Windemaker, pursuant to Order of Court by "Posting" the premises located at 410 Herman Avenue, Lemoyne Borough, Lemoyne, PA 17043, Cumberland County with a true and correct copy according to law. 12/02/2013 As directed by Terrence McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/5/2014 02/04/2014 As directed by Terrence McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/9/2014 04/09/2014 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 April 9, 2014 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Attorney Terrance McCabe, on behalf of LoanCare, A Division of FNF Servicing, Inc., being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,179.97 SO ANSWERS, May 13, 2014 c) C:ountySL e-neriff. Teleoscft.:rtc. RONN/R ANDERSON, SHERIFF W.17i pd -624. ,sV ��. frIlf 364 ,/b On August 12, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA, Known and numbered as, 410 Herman Avenue, Lemoyne, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: August 12, 2013 Lr; By: �l Real Estate Coordinator LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2012-3677 Civil Term LOANCARE, A DIVISION OF FNF SERVICING INC vs. JAMES J. WINDEMAKER, Linda K. Windemaker Atty.: Terrence McCabe ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Borough of Lemoyne in the County of Cumber- land and Commonwealth of Penn- sylvania, more particularly bounded and described according to a survey made by Gerrit J. Betz, Registered Surveyor, dated August 29, 1977, as follows, to wit: BEGINNING at a point on the Southern side of Herman Avenue, said point being 75 feet West of the Southwest corner of the intersection of Herman Avenue and Cranberry Street; Thence along the Western line of Lot No. 54 Block "C" on the hereinafter mentioned Plan of Lots, South 29 degrees East 150 feet to a point in the Northern side of Plum Alley; Thence along the Northern side of Plum Alley, South 61 degrees West 17.50 feet to a point in the center line of Lot No. 53, Block "C" on the hereinafter mentioned Plan of Lots; Thence along the center lien of Lot No. 52, Block "C" aforesaid, thru the center of the partition wall dividing properties known as 410 and 412 Herman Avenue and beyond North 29 degrees West 150 feet to a point in the Southern side of Herman Avenue; Thence along the Southern side of Herman Avenue, North 61 degrees East 17.50 feet to a point, the Place of BEGINNING. BEING the Eastern one-half of Lot No. 53, Block "C", on a Plan of Lots Known as Plan No. 1, Riverton, Recorded in Deed Book J, Volume, page 40. HAVING THEREON ERECTED a 2 1/2 story frame dwelling known and numbered as 410 Herman Avenue, Lemoyne, Pennsylvania. UNDER AND SUBJECT, NEVER- THELESS, to the same conditions, restrictions, exceptions and reser- vations as exist by virtue of prior recorded instruments, deeds and conveyances. 410 Herman Avenue, Lemoyne, Pennsylvania 17043. BEING the same premises which DANIEL C. BROWN by deed dated May 31, 2007 and recorded June 7, 2007 in the office of the Recorder in and for Cumberland County in Deed Book 280, Page 1802, granted and conveyed to James J. Windemaker and Linda K. Windemaker, Husband and Wife. AND the said Linda K. Windemak- er departed this life on December 24, 2012; thus vesting sole title to James Windemaker, by operation of law. 135 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 11, October 18 and October 25, 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. Lisa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this da of October, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Go. Technology Pkwy Suite 3Q0 Mechanicsburg, PA 17050 inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 be atriotXews 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant 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 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. 2012-3677 LOA CARE, A DIVISION O, FNF SERVICING INC r vs. JAMES J. WINDEMAKER Linda K. Windemaker Atty: Terrence McCabe ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Lemoyne in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described according to a survey made by Gerrit J. Bete, Registered Surveyor, dated August 29, 1977, as follows, t0 wit: BEGINNING at a point on the Southem side of Herman Avenue, said point being 75 feet West of the Southwest corner of the intersection of Herman Avenue and Cranberry Street; Thence along the Western line of Lot No. 54 Block."C" on the ' hereinafter mentioned Plan of Lots. South 29 degrees East 150 feet to a point in.the it Northern side of Plum Alley; Thence along R the Northern side of Plum Alley, South 61 H degrees West 17.50 feet to a in the center line of Lot No. on the )i hereinafter mentioned Plan of Lots; Thence l . along the, center lien of Lot No._ 52 _ This ad ran on the date(s) shown below: 10/13/13 10/20/13 10/27/13 o and subscribed bef this 7 L Notary Pub COMMONWEALTH OF PENNSYLVANIA 11 day of November, 2013 A.D. 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 } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which LoanCare is the grantee the same having been sold to said grantee on the 9th day of April A.D., 2014, under and by virtue of a writ Execution issued on the 8th day of August, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 3677, at the suit of LoanCare against James J Windemaker is duly recorded as Instrument Number 201412351. IN TESTIMONY WHEREOF, I have hereunto set my hand /d and seal of said office this Ahoz , A.D. 626// day of Recorder of Deeds •Recorder of Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018