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HomeMy WebLinkAbout12-3875r FEDERMAN & ASSOCIATES, LLC By: Thomas M. Federman, Esq., ID No. 64068 By: Danielle Boyle-Ebersole, Esq., ID No. 81747 305 York Road, Suite 300 "' 1 RL t Nl 1 OR PLAINTIFF Jenkintown, PA 19046' (215) 572-5095 COURT OF COMMON PLEAS CIVIL DIVISION THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-16 8742 LUCENT BLVD, SUITE 300 HIGHLANDS RANCH, CO 80129 V. Plaintiff ? 1a- 3??s olvil CUMBERLAND COUNTY ADAM A. GAUVIN 514 3'D STREET WEST FAIRVIEW, PA 17025 JENIFER GAUVIN A/K/A JENNIFER GAUVIN 514 3RD STREET WEST FAIRVIEW, PA 17025 Defendant(s) CIVIL ACTION - LAW (3.0 REAL PROPERTY) COMPLAINT IN MORTGAGE FORECLOSURE 3010 FORECLOSURE 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, OR CANNOT AFFORD ONE, 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 (SEE ATTACHED ESPANOL AVISO) L?.,???3.7sp?1 ?- 1 R s 24o97b933 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST REAL ESTATE. IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. AVISO LE HAN DEMANDADO A USTED, EN LA CORTE. SI USTED QUIERE DEFENDERSE CONTRA LAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, ES ABSOLUTAMENTE NECESARIO QUE USTED RESPONDA DENTRO DE VEINTE (20) DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. HACE FALTA ASENTAR UNA COMPARENCIA ESCRITA O EN PERSONA O CON UN ABOGADO Y ENTREGAR A LA CORTE EN FORME ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS ON CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, SUYA SIN PREVIO AVISO 0 NOTIFICACION. ADEMAS, LA CORTA PUEDE DECIDIR A FAVOR DEL DEMANDANTE Y REQUIERE QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES Y OTROS DERECHOS A4PORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAY A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Resources Available for Homeowners in Foreclosure ACT NOW! Even though your lender (our client) has filed an Action in Mortgage Foreclosure, You may still be able to SAVE YOUR HOME FROM FORECLOSURE. 1) Call an attorney. For referrals to a qualified attorney call the following number(s): (717) 249-3166. 2) Call the Consumer Credit Counseling Agency at (800) 989-2227 for free counseling. 3) Visit HUD s website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4) Call Plaintiff (your lender) at (800) 306-6062 and ask to speak to someone about Loss Mitigation or Home Retention options. 5) Call or contact our office to request the amount to bring the account current or payoff the mortgage, or request a Loan Workout / Home Retention Package. Call and ask for our Homeowner Retention Department at (215) 572-5095 or via email at homeretention(a?fedetmanle a>ti l.com. *** Para informacion en espanol, si puede comunicarse con Tomas al (215) 572-5095 *** This Action of Mortgage Foreclosure will continue unless you take action to stop it. Plaintiff is: 4. THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-16 8742 LUCENT BLVD, SUITE 300 HIGHLANDS RANCH, CO 80129 The name(s) and last known address(es) of the Defendant(s) are: ADAM A. GAUVIN 514 3RD STREET WEST FAIRVIEW, PA 17025 JENIFER GAUVIN A/K/A JENNIFER GAUVIN 514 3RD STREET WEST FAIRVIEW, PA 17025 who is/are the Mortgagor(s) and/or Real Owner(s) of the Property hereinafter described. On or about 6./30/05 Mortgagor(s) made, executed and delivered a Mortgage upon the Property hereinafter described to Mortgage Electronic Registration Systems, Inc., as Nominee for America s Wholesale Lender, which Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as in Book 1918, Page 1587 (the Mortgage ). The Mortgage was last assigned to Plaintiff by Assignment of Mortgage, which was recorded on 10/18/11 as Document #201128709. The Mortgage and Assignment(s), if any, are matters of public record and incorporated herein by reference, in accordance with Pa.R.C.P. 1019(g), which Rule relieves Plaintiff from the obligation to attach to pleadings any document that is of public record. The Property subject to the Mortgage is more fully described in the legal description attached hereto as Exhibit A (the Property ). The Mortgage is in default because monthly payments of principal and interest are due and unpaid for 9/01/10 and each month thereafter. By the terms of the Mortgage, upon failure of Mortgagor(s) to make such payments after a date specified in written notice sent to Mortgagor(s), the entire principal balance and all interest due and other charges due thereon are collectible forthwith. The following amounts are due to Plaintiff on the Mortgage: Principal Balance 71,490.44 Interest at 7.87% 9,876.89 08/01/10 to 5/3/12 (Per Diem $15.41) Attorney's Fees (to date) 725.00 Cumulative Late Charges 437.12 06/30/05 to 1/29/12 Property Inspection(s) 45.40 Property Valuation 165.00 Escrow Advance 4,453.17 TOTAL 87,193.02 The attorney's fees set forth above is based on work actually performed to date. The attorney s fees requested are in conformity with the Mortgage documents and Pennsylvania Law. Plaintiff reserves its right to collect attorney s fees up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the attorney s fees accrued to date. Plaintiff does not seek a judgment of personal liability (or an in personam judgment) against Defendant(s) in the Action. Plaintiff, however, does reserve the right to bring a separate action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish the personal liability discharged in bankruptcy, but is intended only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 ( Act 6 ) and/or Notice of Default as required by the Mortgage document, as applicable, have been sent by regular and certified mail to the Defendant(s) on the date(s) set forth in the true and correct copies attached hereto as Exhibit B. WHEREFORE, PLAINTIFF demands an in rem judgment in mortgage foreclosure in the sum of $87,220.34, together with interest from 5/4/12/12 at the rate of $15.41 per diem and other costs and charges incurred by Plaintiff that are properly chargeable, in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff s Sale of the Property. Date: FEDERMAN & ASSOCIATES, LLC Thomas M. Federman, Esq. Danielle Boyle-Ebersole, Esq. Attorney(s) for Plaintiff By: EXHIBIT «A„ EXHIBIT A BEING last Sww prrrrtPMsi *f ft W Frarti t L it WW las"I Linrdertsd Wl tits Wft by Dodd di ft d I OASM aid acoo td 1av VU in ft C of are R,eaarder of -Doe& in ara far CW*baUW omatty, OW MA In Rego -A Back *I&T 23$ gr d OW t my4d uft SAS S. A111 J*a so S&v& $. Tovwmrfty woo gr4nW tO Wqm J. AstnefClllaral ba W s 33. EXHIBIT «B„ S NhW twn Swvkinp LLC 14000*??? 9742 Lucent Blvd.. Sude 300 HVh*?ds Ranch. CO 80 1 2 4-23 89 1-90"154Sts (4757) F r LIB: !` ?r i_AN".) CCE?? t u363a%u uuuuu33m u4xcR2 umav4i ADAM A GAUVIN 514 3RD ST WEST FAIRVIEW PA 17025 2394 gel 111111111111 111111 ill Ill ill loll 111111111111811 Ill ill Ill Ill lei I January 29, 2012 Re: SLS Loan Number. 1005476436 Property Address: 514 3rd St West Fairview, PA 17025 Notice of Default and Notice of Intent to Foreclose Dear Adam A Gauvin, Pg I of 4 7106 7112 1690 1851 1580 .0 1 P, SMSOi of/ The Note on the above-referenced loan is now in default as a result of your failure to pay the 09/01/10 payment and the payments due each month thereafter, as provided for in said Note. You are hereby notified that to cure such default you are required to pay to this office all past due payments plus late charges and any payments that may become due between the date of this notice and the date the default is cured. The amount required to cure the arrears as of 01/29/12 is $19,563.13. This amount cannot be relied upon for payment. You have thirty -three (33) calendar days from the date of this letter to cure the default. We urge you to immediately, upon receipt of this letter, contact our Customer Assistance Department at the number provided below to obtain the updated amount required to reinstate your loan. Failure to pay the total amount due under the terms and conditions of your Deed of Trust/Mortgage by 03/02/12 may result in acceleration of the entire balance outstanding under the Note including, but not g limited to, the principal, interest and all other outstanding charges and costs, and commencement of foreclosure of the Trust Deed/Mortgage which is security for your Note. Please be advised that any extension of time or forbearance in the exercising of any right or remedy as provided for in the Deed of Trust/Mortgage shall not constitute a waiver of or preclude the exercising of any right or remedy. You have the right to reinstate the Note after acceleration as provided by law and you have the right to bring court action to assert the nonexistence of default or any other defense you have to acceleration and sale. If your loan is not brought current, inspections of your property will be made and you will be assessed fees for that purpose as permitted under state law. Additionally, if your property is found to be vacant and unsecured, the mortgage holder will have it secured and will charge you for the cost of securing. You may also be liable for reasonable attorney fees and costs incurred in connection with any proceedings on the Note and Trust Deed and such other costs as may be allowed by law. In addition, you may be liable for any deficiency that may be established as a result of the foreclosure action unless precluded by a bankruptcy discharge. 8742 Lucent Blvd., Suite 300, Highlands Ranch, Colorado 80129 PH (800) 306-6062 01/29/12 1005476436 0363840 000003306 09SCR2 0068491 Pg 2 of 4 ht accordance with the Fair Debt Collection Practices Act, you am hereby given notice of the following: 1. Although you are not required to pay the total debt (or balance) of the Account prior to its maturity or acceleration, federal law requires Specialized Loan Servicing LLC to provide you with the amount of the debt. As of 01/29/12, the amount of the unpaid principal balance Is $71,490.44. This letter Is In no way intended as a payoff' statement and you must not rely upon this letter for purposes of paying off your mortgage. 2. Specialized Loan Servicing LLC is the current servicer which represents the creditor to whom the debt is owed. If you request In writing within thirty (30) calendar days after you receive this notice, we will provide you with the name and address of the original creditor if different than the current creditor. 3. Unless within 30 days after you receive this notice you dispute the validity of the debt or a portion thereof, the debt will be assumed to be valid. If you notify us in writing within 30 days after you receive this notice that you dispute the debt or a portion thereof, we wig obtain and mail to you verification of the debt 4. Please be advised that this letter is an attempt to collect a debt and any Information obtained will be used for that purpose. If you are a customer in bankruptcy or a customer who has received a bankruptcy discharge of this debt, please be advised that this letter constitutes neither a demand for payment of the captioned debt nor a notice of personal liability to any recipient hereof who might have received a discharge of such debt in accordance with applicable bankruptcy laws or who might be subject to the automatic stay of Section 362 of the United States Bankruptcy Code. If you believe that you are entitled to the benefits as outlined in the Service members' Civil Relief Act, you should promptly provide us with evidence of your active duty status. Specialized Loan Servicing LLC would like you to be aware that if you are unable to make payments or resume payments within a reasonable period of time due to a reduction in your income resulting from a loss or reduction in your employment, you may be eligible for Homeownership Counseling. Please contact the HUD toll free number (800-5694287) to obtain a list of HUD approved nonprofit organizations serving your area. If you have any questions, regarding this letter, please contact SLS at 800-30"062 Monday through Friday, from 7:00 a.m. to 7:00 p.m. (MT). TDD number 800-268-9419 Monday -Friday, from 8:00 a.m. to 5:00 p.m. (NM. SLS requests that all payments be made in certified funds (cashier's check or money order(s)) payable to Specialized Loan Servicing LLC and mailed to: Attention: Customer Assistance Department at one of the below addresses (always include your Loan Number with your payment) : VIA Regular Mail VIA Over Night Address VIA Western Union Quick Collect Specialized Loan Servicing, LLC Specialized Loan Servicing, LLC Code City: PAYSLS PO Box 105219 8742 Lucent Blvd, Suite 300 Code State: CO Atlanta, GA 3 03 48-52 1 9 Highlands Ranch, CO 80129 Reference: Loan Number The matters discussed herein are of extreme importance. We trust you will give them appropriate attention. It is the practice and policy of SLS to work with customers that have experienced a hardship. We have many alternative programs available to assist customers in avoiding a foreclosure action. Please visit our website address www.sis.net for options or feel free to contact Customer Assistance area at 800- 3065062 where one of our experienced and skilled Agents may assist you. Do not delay. There is help available for most customers. We. cannot assist you if you do not contact us. We are committed to providing you with professional and courteous service. We respect our customers, especially those that are having difficulties and will always strive to treat you with the dignity you deserve. SPECIALIZED LOAN SERVICING LLC Customer Assistance Department 9742 Lucent Blvd., Suite 300, Highlands Ranch, Colorado 80129 PH (800) 306-66062 01/29/12 1005476436 0363840 000003306 09SCR2 0068491 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Pg 3 of 4 The MORTGAGE held by The Bank of New York Mellon FKA The Bank of New York, as Trustee for the certificateholders of the CWABS, Inc., ASSET-BACKED CERTIFICATES, SERIES 2005-16 (hereinafter we, us or ours) on your property located at 514 3rd St, West Fairview, PA 17025, , IS IN SERIOUS DEFAULT [because you have not made a monthly payment since 08/01/10]. Number of Delinquent Payments: 18 s' a 09/01/10 5 112.06 Late Charges Due: 37.12 Recoverable Corporate Advances: 165.00 Escrow Advances: $3.558.39 Other Fees: (Phone pay. NSF Pro tions etc. 290.56 Funds Less: in na ed 0.00 Total Amount Due: $19,563.13 Late charges and other charges have also accrued to this date in the amount of 5437.12 and S290.56. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is S 19,563.13. You may cure this default within THIRTY-THREE (33) DAYS of the date of this letter, by paying to us the above amount of S 19,563.13, plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made to VIA Regular Mail VIA Over Night Address VIA Western Union Quick Collect Specialized Loan Servicing, LLC Specialized Loan Servicing, LLC Code City: PAYSLS PO Box 105219 8742 Lucent Blvd, Suite 300 Code State: CO Atlanta, GA 30348-5219 Highlands Ranch, CO 80129 Reference: Loan Number If you do not cure the default within THIRTY-THREE (33) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY--E (33) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. if the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings g! against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $ 50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over S 50.00. Any attorney's fees will be added to whatever you owe us, which may also M o include our reasonable costs. If you cure the default within the thirty day period, you will not be required ' to pay attorney s fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have - begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale- You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorneys fees and costs connected with the foreclosure sale [and perform any other requirements under the mortgage. J. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately (5) five months from the date of notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 800-306-60162. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. 8742 Lucent Blvd., Suite 300, Highlands Ranch, Colorado 80129 PH (800) 306-6062 01/29/12 1005476436 0363840 000003306 09SCR2 0068491 Pg 4 of 4 You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. [YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'SFEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, [AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED]. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST]. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the inortga$e will be restored to the same position as if no default had occurred However, you are not entitled to this right to cure your default more than three times in any calendar year. 8742 Lucent Blvd., Suite 300, Highlands Ranch, Colorado 80129 PH (800) 306-6062 _rb ? r o, Qlp w c 0363840 000003306 09SCR2 0068491 ?q 'Ell w ?aw w? 0 OC r. ? ? M N W) O r O no Q ? M r ? = Vl N C3 - ?.?...... .. ro Ln ..Nr..,? o a Ir 3 ? ? c ru a c¢7? a ?? a a = d?w = Ir vw qq C a dkn3 e ru r- a a 0 a ol N C4 U 00 g? U ? ? O C N M ull oc c 0 oc ?o 0 0 `yw u M O M O O 8 O oc M 10 M O SSpdalaW L ? lean Savkiiq LLC 8742 Lwxn( Blvd.. Suds 300 HiQh4nds Ranch. CO 60129.2386 1.800J154SLS (4737) t 0363840 000003307 09SCR2 0068495 JENIFER GAUVIN 514 3RD ST WEST FAIRVIEW PA 17025 2394 IJ?a?dllll??l?'IIL6111"111'11?r611111r611rrll?ll?nlrl??r1 January 29, 2012 Re: SLS Loan Number. 1005476436 Property Address: 514 3rd St West Fairview, PA 17025 Notice of Default and Notice of Intent to Foreclose Dear Jenifer Gauvin, Pg,? of.4 7106'71 l 21 Wtjo A'09? ( /U t -VA A? 38?S Gust #t2 The Note on the above-referenced loan is now in default as a result of your failure to pay the 09/01/10 payment and the payments due each month thereafter, as provided for in said Note. You are hereby notified that to cure such default you are required to pay to this office all past due payments plus late charges and any payments that may become due between the date of this notice and the date the default is cured. The amount required to cure the arrears as of 01/29/12 is $19,563.13. This amount cannot be relied upon for payment. You have thirty -three (33) calendar days from the date of this letter to cure the default. We urge you to immediately, upon receipt of this letter, contact our Customer Assistance Department at the number provided below to obtain the updated amount required to reinstate your loan. Failure to pay the total amount due under the terms and conditions of your Deed of Trust/Mortgage by 0 03/02/12 may result in acceleration of the entire balance outstanding under the Note including, but not limited to, the principal, interest and all other outstanding charges and costs, and commencement of S foreclosure of the Trust Deed/Mortgage which is security for your Note. Please be advised that any i extension of time or forbearance in the exercising of any right or remedy as provided for in the Deed of Trust/Mortgage shall not constitute a waiver of or preclude the exercising of any right or remedy. You have the right to reinstate the Note after acceleration as provided by law and you have the right to bring court action to assert the nonexistence of default or any other defense you have to acceleration and sale. If your loan is not brought current, inspections of your property will be made and you will be assessed fees for that purpose as permitted under state law. Additionally, if your property is found to be vacant and unsecured, the mortgage holder will have it secured and will charge you for the cost of securing. You may also be liable for reasonable attorney fees and costs incurred in connection with any proceedings on the Note and Trust Deed and such other costs as may be allowed by law. In addition, you may be liable for any deficiency that may be established as a result of the foreclosure action unless precluded by a bankruptcy discharge. 8742 Lucent Blvd., Suite 300, Highlands Ranch, Colorado 80129 PH (800) 306-6062 01129/12 1005476436 0363840 000003307 09SCR2 0068495 Pg 2 of 4 In accordance with the air Debt Collection Practices Act, Xgg are hereby gLUR notice of the follo___ w __in¢: 1. Although you are not required to pay the total debt (or balance) of the Account prior to its maturity or acceleration, federal law requires Specialized Loan Servicing LLC to provide you with the amount of the debt. As of 01/29/12, the amount of the unpaid principal balance is $71,490.44. This letter Its in no way intended as a payoff statement and you must not rely upon this letter for purposes of paying off your mortgage. 2. Specialized Loan Servicing LLC is the current servicer which represents the creditor to whom the debt is owed. If you request in writing within thirty (30) calendar days after you receive this notice, we will provide you with the name and address of the original creditor if different than the current creditor. 3. Unless within 30 days after you receive this notice you dispute the validity of the debt or a portion thereof, the debt will be assumed to be valid. If you notify us in writing within 30 days after you receive this notice that you dispute the debt or a portion thereof, we will obtain and mail to you verification of the debt 4. Please be advised that this letter is an attempt to collect a debt and any information obtained will be used for that purpose. If you are a customer in bankruptcy or a customer who has received a bankruptcy discharge of this debt, please be advised that this letter constitutes neither a demand for payment of the captioned debt nor a notice of personal liability to any recipient hereof who might have received a discharge of such debt in accordance with applicable bankruptcy laws or who might be subject to the automatic stay of Section 362 of the United States Bankruptcy Code. If you believe that you are entitled to the benefits as outlined in the Service members' Civil Relief Act, you should promptly provide us with evidence of your active duty status. Specialized Loan Servicing LLC would like you to be aware that if you are unable to make payments or resume payments within a reasonable period of time due to a reduction in your income resulting from a loss or reduction in your employment, you may be eligible for Homeownership Counseling. Please contact the HUD toll free number (800-5694287) to obtain a list of HUD approved nonprofit organizations serving your area. If you have any questions, regarding this letter, please contact SLS at 800-306-6062 Monday through Friday, from 7:00 a.m. to 7:00 p.m. (MT). TDD number 800-268-9419 Monday -Friday, from 8:00 a.m. to 5:00 p.m. (MT). SLS requests that all payments be made in certified funds (cashier's check or money order(s)) payable to Specialized Loan Servicing LLC and mailed to: Attention: Customer Assistance Department at one of the below addresses (always include your Loan Number with ,your payment) : VIA Regular Mail VIA Over Night Address VIA Western Union Quick Collect Specialized Loan Servicing, LLC Specialized Loan Servicing, LLC Code City: PAYSLS PO Box 105219 8742 Lucent Blvd, Suite 300 Code State: CO Atlanta, GA 30348-5219 Highlands Ranch, CO 80129 Reference: Loan Number The matters discussed herein are of extreme importance. We trust you will give them appropriate attention. It is the practice and policy of SLS to work with customers that have experienced a hardship. We have many alternative programs available to assist customers in avoiding a foreclosure action. Please visit our website address www.sls.net for options or feel free to contact Customer Assistance area at 800- 306-6062 where one of our experienced and skilled Agents may assist you. Do not delay. There is help available for most customers. We cannot assist you if you do not contact us. We. are committed to providing you with professional and courteous service. We respect our customers, especially those that are having difficulties and will always strive to treat you with the dignity you deserve. SPECIALIZED LOAN SERVICING LLC Customer Assistance Department 8742 Lucent Blvd., Suite 300, Highlands Ranch, Colorado 80129 PH (800) 306-6062 01/29/12 1005476436 0363840 000003307 09SCR2 0068495 i'g 3 of 4 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Elm a a The MORTGAGE held by The Bank of New York Mellon FKA The Bank of New York, as Trustee for the certificateholders of the CWABS, Inc., ASSET43ACKED CERTIFICATES, SERIES 2005-16 (hereinafter we, us or ours) on your property located at 514 3rd St, West Fairview, PA 17025, , IS IN SERIOUS DEFAULT [because you have not made a monthly payment since 08/01/10]. Number of Delinquent Payments: 18 since 09/01/10 15 112.06 Lam Chames Due: 37.12 Recoverable Corporate Advances: $165.00 Escrow Advances: $3 5 8.39 Other Fees: (Phone NSF Property tions etc. 290.56 Less: Funds in U lied 0,00 Total Amount Due: $19,563.13 Late charges and other charges have also accrued to this date in the amount of 5437.12 and S290.56. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is S 19,563.13. You may cure this default within THIRTY-THREE (33) DAYS of the date of this letter, by paying to us the above amount of S 19,563.13, plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made to VIA Regular Mail VIA Over Night Address VIA Western Union Quick Collect Specialized Loan Servicing, LLC Specialized Loan Servicing, LLC Code City: PAYSLS PO Box 105219 8742 Lucent Blvd, Suite 300 Code State: CO Atlanta, GA 30348-5219 Highlands Ranch, CO 80129 Reference: Loan Number If you do not cure the default within THIRTY-THREE (33) DAYS, we intend to exercise our right to accelerate the mortgage payments- This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY-THREE (33) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt- If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $ 50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $ 50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorneys fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale- Yort may do so by paying the total amount of the unpaid monthly payments peas any late or other charges then. due, as well as the reasonable aiturney s fees and costs connected with the foreclosure sale [and perform any other requirements under the mortgage J. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately (5) five months from the date of notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number. 800-306-6062. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. 8742 Lucent Blvd., Suite 300, Highlands Ranch, Colorado 80129 PH (800) 306.6062 01/29/12 1005476436 0363840 000003307 09SCR2 0068495 Pg 4 of 4 You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. [YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'SFEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, [AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED]. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST]. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. you cure the default, the rnortgafe will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. 8742 Lucent Blvd., Suite 300, Highlands Ranch, Colorado 80129 PH (800) 306-6062 ?? 1w5 a UN H w aw w M O 0 00 ? M N Q O = r. c `? a ' c7 b ' m C3 a p F _- M ?. rl Ln a ?= m o .0 ?.?.? o Ir -a w _- co ter" a ?? rat = E mac. o a w?3 - ru a a a 0 a N au r. o oc O U d 04 ? O d c^ N O .--. VI oc rn h O, It x 10 0 0 U 0 0 M M O O 8 00 rn M NO M O FEDERMAN & ASSOCIATES, LLC By: Thomas M. Federman, Esq., ID No. 64068 By: Danielle Boyle-Ebersole, Esq., ID No. 81747 305 York Road, Suite 300 ATTORNEY FOR PLAINTIFF Jenkintown, PA 19046 (215) 572-5095 COURT OF COMMON PLEAS CIVIL DIVISION THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-16 8742 LUCENT BLVD, SUITE 300 HIGHLANDS RANCH, CO 80129 Plaintiff ADAM A. GAUVIN CUMBERLAND COUNTY 514 3'D STREET WEST FAIRVIEW, PA 17025 JENIFER GAUVIN A/K/A JENNIFER GAUVIN 514 3RD STREET WEST FAIRVIEW. PA 17025 Defendant(s) VERIFICATION Thaddeus Larimer , as representative of the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. JUN 12 2017 Date Name: Thaddeus Larimer Title: Assistant Vice President Crent Verification 12.21.10 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ???}tih' Qf L21 aI11fer??y;??. op,Tl-r CUM EKLAND COUNTY ?EN'NSYLVA. 1A The Bank of New York Mellon vs. Adam A. Gauvin (et al.) Case Number 2012-3875 SHERIFF'S RETURN OF SERVICE 07/06/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent sea and inquiry for the within named defendant to wit: Adam A. Gauvin, but was unable to locate him in hiE bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Adam A. Gauvin. Request for service at 1514 Third Street, Enola, Pennsylvania 17025 is vacant. The Enola Postmaster has confirmed, Adam A. Gauvin's new residence is 61 Shawmut Street Apartment 3, Lewistown, Maine 04240. 07/06/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent sea and inquiry for the within named defendant to wit: Jennifer Gauvin, 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 Jennifer Gauvin. Request for service at 1514 Third Street, Enola, Pennsylvania 17025 is vacant. The Enola Postmaster has confirmed, Jennifer Gauvin's new residence is 61 Shawmut Street, Apartment 3, Lewistown, Maine 04240. SHERIFF COST: $69.00 SO ANSWERS, 12 ju;' 12 AM 8.0 3 July 09, 2012 RON R ANDERSON, SHERIFF AFFIDAVIT OF SERVICE The Bank of New York Mellon : Court of Common Pleas . Cumberland County 4.E0-U1 F I C ;;. „4.7 PRAT ONOTAR iF : State of Pennsylvania vs. 2012 AUG - I PM 1: 4 3 CUMBERLAN COUNTY Adam A. Gauvin, Et al. : No. 12,3875 PENNSYLVANIA I, Daniel Tourtelotte, being duly sworn according to law, deposes and says the following- 1 am the process server below named and a competent adult. I attempted to serve and snake known to jenifer Gauvin on the 13ft day of July 2012, at 2-*05PM at 46 Airport Rd., Brownville, ME 04414, a Complaint in Mortgage Foreclose filed in the above-captioned matter in the manner described below: INDIVIDUAL SERVICE: Served the within named person SUBSTITUTE SERVICE: By serving as who resides with defendant at above address CORPORATE SERVICE: By serving as who is authorized to accept service on behalf of the defendant P(WMD SERVICE: By posting a copy in a conspicuous manner to the front door of the person/ entity being served NON SERVICE: For the reason detailed in the comments below COWUNTS: Defendant is deceased per current occupant The facts heroin set forth are true and correct to the best of my lmowledge, information and belief. I understand that false statements herein are made subject to penalties of the 18 Pa.C.S. 4904 relating to unsworn falsifications to authorities. Date: d 7-aG-0 0 Z- 1 Daniel Tourtelotte Seagull Legal Services Inc. P.O. Box 1706 Southampton, PA 18966 Sworn to and sub 'bed before me on this al e _ day of 711J41'e- 2012 Notary Public AFFIDAVIT OF SERVICE Bank of New York Mellon VS. Adam A. Gauvin, Et al. : Court of Common Pleas : Cumberland County : State of Pennsylvania ? x Tf ? ZO No. 12.3875 I, Daniel Tourtelotte, being duly sworn according to law, deposes and says the following: I am the process server below named and a competent adult. I served and made known to Adam A. Gauvin on the 13th day of July 2012, at 2.05PM at 46 Airport Rd., Brownville, ME 04414, a Complaint in Mortgage Foreclose filed in the above-captioned matter in the manner described below- -X- INDIVIDUAL SERVICE: Served the within-named person SUBSTITUTE SERVICE: By serving as who with defendant at above addresses CORPORATE SERVICE: By serving as who is authorized to accept service on behalf of the defendant POSTED SERVICE. By posting a copy in a conspicuous manner to the front door of the person/entity being served NON SERVICE: For the reason detailed in the comments below CONRviENTS: C_ h•.11 s• c c? t The facts herein set forth are true and correct to the best of my knowledge, information and belief. i understand that false satemetirts herein are made subject to 'es of the 18 P&C.S. 4904 relating t unsworn falsifications to authorities. Date:? ?21261 Z Daniel Tourtelotte Seagull Legal Servicos Inc. P.O. Box 1706 Southampton, PA 18966 Swom to and subscribed before me on this ,2Lj d y of 2012 4/ Notary Public o C) -1 FEDERMAN & ASSOCIATES, LLC By: Thomas M.Federman,Esq.,ID No.64068 By: Danielle Boyle-Ebersole,Esq.,ID No. 81747 305 York Road, Suite 300 ATTORNEY FOR PLAINTIFF Jenkintown, PA 19046 (215)572-5095 COURT OF COMMON PLEAS CIVIL DIVISION THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS,INC., ASSET-BACKED CERTIFICATES, SERIES 2005-16 8742 LUCENT BLVD, SUITE 300 HIGHLANDS RANCH,CO 80129 Plaintiff Case No. 12-3875 v. ADAM A.GAUVIN CUMBERLAND COUNTY 514 3RD STREET rn WEST FAIRVIEW, PA 17025 cn r- JENIFER GAUVIN A/K/A JENNIFER GAUVIN �— CrN C 514 3RD STREET WEST FAIRVIEW,PA 17025 s v -6,= Defendant(s) ----I -: c SUGGESTION OF RECORD TO THE PROTHONOTARY: It is hereby suggested of record that the Defendant, Jenifer Gauvin, departed this life on January 28, 2011. Plaintiff hereby releases Jennifer Gauvin and assigns from this cause of action. Respectfully submitted, FEDERMAN &ASSOCIATES, LLC Date: t 43 Thomas M. Federman, Esquire Danielle Boyle-Ebersole, Esquire Attorney for Plaintiff Jenifer M.Gauvin Sun Journal http://www.sunjournal.com/obituaries/story/978404 Obituaries Jenifer M. Gauvin Obituaries Saturday, January 29, 2011 ENOLA,Pa.—Jenifer M.Gauvin,31,of Enola,Pa.,died Jan.28. She was born March 16,1979,in Harrisburg,Pa.,a daughter of Brenda and Eric Wolf and Mike and Joni Ryan. She is survived by her husband,Adam;her children,Haylee,7,Lydia,4, Julian,3,and Shyanna,1;and her two brothers,Tim and Chris Wolf. 1 of 1 1., -- - FEDERMAN & ASSOCIATES, LLC Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No. 81747 Paul J. Fanelli, Esq., ID No. 313157 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 ATTORNEY FOR PLAINTIFF n COURT OF COMMON PLEAS r 4 CIVIL DIVISION = THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-16 Plaintiff v. ADAM A. GAUVIN NO. 12 -3875 -CIVIL CUMBERLAND COUNTY Defendant(s) ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: .79 Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above -captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Amount Due Interest From: 05/04/2012 to 04/30/2014 (Per Diem 15.42) TOTAL $87,193.02 $11,210.34 $98,403.36 FEDERMAN & ASSOCIATES, LLC By: ❑ Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No. 81747 E Paul J. Fanelli, Esq., ID No. 313157 Counsel for Plaintiff 3 1(0.50 PD Art -y C 5333 30,5 total/ Jee. mailed AND NOW, this ctiii day of MN _ 40/4 , Judgment is entered in favor of Plaintiff, THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE <. CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-16 and against Defendants, ADAM A. GAUVIN, and damages are assessed in the amount of $98,403.36, plus interest and costs. BY . a E PR I THONO . RY: 1 FEDERMAN & ASSOCIATES, LLC Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No. 81747 Paul J. Fanelli, Esq., ID No. 313157 ATTORNEY FOR PLAINTIFF 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 COURT OF COMMON PLEAS CIVIL DIVISION THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-16 Plaintiff v. NO. 12 -3875 -CIVIL CUMBERLAND COUNTY ADAM A. GAUVIN Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF MONTGOMERY The undersigned, being duly sworn according to law, deposes and says that the Defendants are not in the Military or Naval Services of the United States or its Allies, or otherwise within the provisions of the Soldier's and Sailor's Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Adam A. Gauvin, is over eighteen (18) years of age and reside(s) at 46 Airport Road, Brownville, ME 04414. Copies of the Military Reports are attached hereto and marked Exhibit "A." SWORN TO AND SU S RIBED BEFOTHIS ( AY OF 21 4. NOTAR COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL TIFFANY ANN McGINTY, Notary Public Jenkintown Boro., Montgomery County My Commission Expires April 2, 2016 FEDERMAN & ASSOCIATES, LLC By: ❑ Thomas M. Federman, Esq., ID No. 64068 ig)Danielle Boyle -Ebersole, Esq., ID No. 81747 ❑ Paul J. Fanelli, Esq., ID No. 313157 Counsel for Plaintiff FEDERMAN & ASSOCIATES, LLC Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No. 81747 Paul J. Fanelli, Esq., ID No. 313157 ATTORNEY FOR PLAINTIFF 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 COURT OF COMMON PLEAS CIVIL DIVISION THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-16 Plaintiff v. NO. 12 -3875 -CIVIL ADAM A. GAUVIN Defendant(s) CUMBERLAND COUNTY CERTIFICATION 1, the undersigned attorney for Plaintiff, being duly sworn according to law, deposes and says that she deposited in the United States Mail a letter notifying the Defendant(s) that judgment would be entered against him 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 "B." SWORN TO AND SC$SaRIBED BEFO' y THIS DAY OF rte 201*. NOTARY PUBL C COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL TIFFANY ANN McGINTY, Notary Public • Jenkintown Boro., Montgomery County My Commission Expires April 2, 2016 FEDERMAN & ASSOCIATES, LLC By: ❑ Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No. 81747 ❑ Paul J. Fanelli, Esq., ID No. 313157 Counsel for Plaintiff VERIFICATION The undersigned attorney hereby certifies that she is the attorney for the Plaintiff in the within action and that she is authorized to make this verification and that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. § 4909 relating to unsworn falsification to authorities. FEDERMAN & ASSOCIATES, LLC By: ❑ Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No. 81747 ❑ Paul J. Fanelli, Esq., ID No. 313157 Counsel for Plaintiff EXHIBIT Department of Defense Manpower Data Center Results as of : Apr -30-2014 07:56:30 AM SCRA 3.0 Status Report Pursuant to Serycernernbers Civil Relief Act Last Name: GAUVIN First Name: ADAM Middle Name: Active Duty Status As Of: Apr -30-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty 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 367 Dr of Active Duty Status Date Active Duty Start Date Active Duty End Date 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 Date The Member or His/Her Unit Was Notified of a Future Cali -Up to Active Duty on Active Duty Status Date Order Notification Start Date 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 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. 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/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. Certificate ID: S98FO714U0ABD10 EXHIBIT • COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Prothonotary Date: April 7, 2014 To: Adam A. Gauvin 46 Airport Road 514 3rd Street Brownville, ME 04414 West Fairview, PA 17025 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET- BACKED SSETBACKED CERTIFICATES, SERIES 2005-16 v. ADAM A. GAUVIN Plaintiff NO. 12 -3875 -CIVIL Defendants NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 ELLIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUMO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA BIENES U OTROS DERECHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABAGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABAGADO. 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 FEDERMAN & ASSOCIATES, LLC Date: April 7, 2014 By: f ❑ Thomas M. Federman, Esq., ID # 64068 yC Danielle Boyle -Ebersole, Esq., ID # 81747 ❑ Paul J. Fanelli, Esq., ID # 313157 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 Attorney(s) for Plaintiff - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Prothonotary To: Adam A. Gauvin 514 3rd Street West Fairview, PA 17025 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-16 Adam A. Gauvin 46 Airport Road Brownville, ME 04414 Plaintiff v. NO. 12 -3875 -CIVIL ADAM A. GAUVIN Defendant(s) NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call: FEDERMAN & ASSOCIATES, LLC at (215) 572-5095. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-16 V. ADAM A. GAUVIN PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff CUMBERLAND COUNTY rn NO. 12 -3875 -CIVIL , (1) Defendant PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Issue Writ of Execution in the above matter: ojascsg' tsf?6 atk Lol ot. CAP la37s"1( t,. 5-0"l4 Amount Due Interest from 05/01/2014 to 03/04/2015 plus $15.42 per diem thereafter (Costs to be added) i3 a5 54 ekJ // f(ti4ss FtDER $98,403.36 $ 4,749.36 ASSOCIA S, LLC --o ••••;.77 CD - r" c-_- 4 Tho 0 Danielle Boyle -Ebersole, Esq., ID # 81747 auI J. Fanelli, Esq., ID # 313157 05 York Road, Suite 300 Jenkintown, PA 19046 Attorney for Plaintiff ALL THAT CERTAIN parcel of land situate in the East Pennsboro Township, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the west side of Third Street at the distance of one hundred forty-eight (148) feet measured in a northerly direction along Third Street from the northwesterly corner of Third and Locust Streets; thence in a southwesterly course along lands now or late of H.T. Elliott one hundred four (104) feet five (5) inches to an alley; thence in a northwesterly course along said alley thirty (30) feet to lands formerly of Albert J. Curry, now of Vernon Shafer; thence in a northwesterly course along the last mentioned lands one hundred four (104) feet five (5) inches to a point on Third Street, thence in a southeasterly course along the west side of Third Street thirty (30) feet to the place of beginning. HAVING THEREON ERECTED a frame dwelling house No. 514 North Third Street, Enola, Pennsylvania PARCEL No. 45-16-1050-118 BEING the same premises that Wayne J. Arnett, Executor of the Last Will and Testament of Savilla S. Arnett, deceased, by Deed dated 6/30/2005 and recorded 8/10/2005 in the County of Cumberland in Deed Book 270, Page 1824, as Document No. 2005-029171, granted and conveyed unto Adam A. Gauvin and Jenifer Gauvin, his wife, their heirs and assigns, in fee. FEDERMAN & ASSOCIATES, LLC By: Thomas M. Federman, Esq., ID # 64068 By: Danielle Boyle -Ebersole, Esq., ID # 81747 By: Paul J. Fanelli, Esq., ID # 313157 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-16 V. ATTORNEY FOR PLAINTIFF n COURT OF COMMON PLEAS c CIVIL DIVISION -TZ) a M (33 Plaintiff CUMBERLAND COUNTY Ps) rr▪ e -0 CO ADAM A. GAUVIN NO. 12 -3875 -CIVIL Defendant AFFIDAVIT PURSUANT TO RULE 3129 The undersigned hereby certifies that he/she is the attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 514 3rd Street, Enola, PA 17025, a copy of the description of said property is attached hereto and marked Exhibit "A". 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Adam A. Gauvin Adam A. Gauvin 2. Name and address of Defendant(s) in the judgment: Name Address 514 3rd Street Enola, PA 17025 46 Airport Road Brownville, ME 04414 Adam A. Gauvin Adam A. Gauvin 514 3rd Street Enola, PA 17025 46 Airport Road Brownville, ME 04414 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 East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 4. Name and address of the last recorded holder of every mortgage of record: Name Address 5. Name and address of every other person who has any record lien on the property: Name Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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 Tenant(s)/Occupant(s) Domestic Relations Office Cumberland County Courthouse Commonwealth of PA Department of Public Welfare Commonwealth of PA Bureau of individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program United States of America c/o United States Attorney for the Middle District of PA PA Department of Revenue Bureau of Compliance Commonwealth of PA Department of Revenue Bureau of Compliance Clearance Support Address 514 3rd Street Enola, PA 17025 P.O. Box 320 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 235 N. Washington Street Scranton, PA 18503 P.O. Box 281230 Harrisburg, PA 17128 Department #280946 Harrisburg, PA 17128 Attn: Sheriff's Sales 8. Name and address of Attorney of record: Name Address 1 verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 43904 relating to unsworn falsification to authorities: Date: ❑ Thomas • y., D # 64068 ❑ anielle Boyle -Ebersole, Esq., ID # 81747 aul J. Fanelli, Esq., ID # 313157 05 York Road, Suite 300 Jenkintown, PA 19046 Attorney for Plaintiff FEDERMAN & ASSOCIATES, LLC By: Thomas M. Federman, Esq., ID # 64068 By: Danielle Boyle -Ebersole, Esq., ID # 81747 By: Paul J. Fanelli, Esq., ID # 313157 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-16 Plaintiff CUMBERLAND COUNTY ---, -JD v. ADAM A. GAUVIN NO. 12 -3875 -CIVIL n c-7 7.71: Defendant -4 TO: Adam A. Gauvin 514 3rd Street Enola, PA 17025 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Adam A. Gauvin 46 Airport Road Brownville, ME 04414 (i) rn Your house (real estate) at 514 3rd Street, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale on March 4, 2015 at 10:00 AM at Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $98,403.36 obtained by the Plaintiff 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: I. The sale will be canceled if you pay to Plaintiff the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call FEDERMAN & ASSOCIATES, LLC, at (215) 572-5095. 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 1. If thc Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling FEDERMAN & ASSOCIATES, LLC, at (215) 572-5095. 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 happened, you may call FEDERMAN & ASSOCIATES, LLC, at (215) 572-5095. 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 expectations (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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 FEDERMAN & ASSOCIATES, LLC By: Thomas M. Federman, Esq., ID # 64068 By: Danielle Boyle -Ebersole, Esq., ID # 81747 By: Paul J. Fanelli, Esq., ID # 313157 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-16 Plaintiff v. ADAM A. GAUVIN Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 12 -3875 -CIVIL r - - rt H NJ -u t1.a " CERTIFICATE The undersigned, hereby states that he/she is the attorney for the Plaintiff in the above -captioned matter and that the premises are not subject to the provision of Act 91 because it is: ❑ An FHA insured mortgage ❑ Non -owner occupied ❑ Vacant © Act 91/6 procedures have been fulfilled This certification is made subject to penalties of 18 PA.C.S. Section 4904 relating to unsworn falsification to authorities. Date: AR6 /14 FEDERMAN&zASSOCIATES, LL ❑ Thomas M. Federman, Esq., ID # 64068 ❑ Danielle Boyle -Ebersole, Esq., ID # 81747 Paul J. Fanelli, Esq., ID # 313157 1-L9.105 York Road, Suite 300 Jenkintown, PA 19046 Attorney for Plaintiff FEDERMAN & ASSOCIATES, LLC By: Thomas M. Federman, Esq., ID # 64068 By: Danielle Boyle -Ebersole, Esq., ID # 81747 By: Paul J. Fanelli, Esq., ID # 313157 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-16 v. ADAM A. GAUVIN Plaintiff Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 12 -3875 -CIVIL AFFIDAVIT OF LAST KNOWN MAILING ADDRESS OF DEFENDANT(S) The undersigned, attorney for Plaintiff in the within matter, being duly sworn according to law, hereby deposes and says that the last known mailing address(es) of the Defendant are: Adam A. Gauvin 514 3rd Street Enola, PA 17025 Date: Adam A. Gauvin 46 Airport Road Brownville, ME 04414 SWORN TO AND SU BEF METHIS t IBED DAY OF , 2014. NOTARY PUBLIC FED LI Thomas # 64068 anielle Boyle -Ebersole, Esq., ID # 81747 ,Paul J. Fanelli, Esq., ID # 313157 305 York Road, Suite 300 Jenkintown, PA 19046 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA I Jentdmonn Bort, Montgomery Ca* NOTARIALSEAt M" GUZMAN, Nary -Pub% Commisskm Expires May 9, 2O11 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-16 Vs. NO 12-3875 Civil Term CIVIL ACTION — LAW ADAM A. GAUVIN WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial COde) NOTE: Description of property must be attached to the writ. Amount Due: $98,403.36 L.L.: $.50 Interest FROM 5/1/2014 TO 3/4/2015 PLUS $15.42 PER DIEM THEREAFTER - $4,749.36 Atty's Comm: Due Prothy: $2.25 Atty Paid: $217.75 Other Costs: Plaintiff Paid: Date: 9/29/14 (Seal) REQUESTING PARTY: Name: PAUL J. FANELLI, ESQUIRE Address: FEDERMAN & ASSOCIATES, LLC 305 YORK ROAD, SUITE 300 JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-5095 Supreme Court ID No. 313157 -12.uteLl '21ALL David D. Buell, Prothonotary Deputy